Question about being disapproved for a MD Hangun Transfer

fatalsports · Aug 4, 2014

Got a question, for those of you who may know:

My brother owned a handgun prior to SB281, which he bought from a MD dealer.

He got his HQL about a month ago and bought a 1911. During that time, between getting his HQL and buying the 1911...He got arrested for Domestic Violence.
EDIT *** - He is telling me he didn't get arrested for Domestic Violence, but for Destruction of Property.

It's stupid, but he and his girlfriend got into a fight and she threw his stuff out and he broke her laptop because of that...I guess in the middle of that, to get back at him...she called the cops and he was arrested. He didn't touch her or threaten her in any way.

They are back together :innocent0

and he hasn't had his court date yet...but got his disapproval letter from the MSP.

He called the MSP, but is waiting for a call back. Is just being charged with Domestic Violence or Destruction of Property without being convicted enough to get you disapproved?
It says he can file an appeal, which I'm sure he will...we are just trying to get some insight into why this happened.

Thanks!

lx1x · Aug 4, 2014

arrested... key word. hire a lawyer.

fatalsports · Aug 4, 2014

lx1x said:
arrested... key word. hire a lawyer.

So, is being arrested = being disapproved? I thought you had to be convicted?

lx1x · Aug 4, 2014

fatalsports said:
So, is being arrested = being disapproved? I thought you had to be convicted?

only stayed at holiday inn last night.

but.. is he on bail? only him knows what the deal is. either he hires a lawyer to clear things up or do nothing. to many unknowns.

if they denied with current purchase.. what would stop them coming to his house and getting the rest in the future.

CypherPunk · Aug 4, 2014

It appears as if you may not have all the facts, which is how these threads usually go.

However, here is some advice compounded from many MDS members, over dozens of threads, to pass on to your friend, co-worker, relative, etc.

Step #1. Immediately hire a competent, local attorney who is well versed in firearms law. Provide the attorney with all relevant info and copies of documents.
Step #2. Re-read all of step #1, because it is that important.
Step #3. Follow the attorney's advice.

Blackstar65 · Aug 4, 2014

If a protection order was filed for that maybe cause.

lx1x · Aug 4, 2014

CypherPunk said:
It appears as if you may not have all the facts, which is how these threads usually go.

However, here is some advice compounded from many MDS members, over dozens of threads, to pass on to your friend, co-worker, relative, etc.

Step #1. Immediately hire a competent, local attorney who is well versed in firearms law. Provide the attorney with all relevant info and copies of documents.
Step #2. Re-read all of step #1, because it is that important.
Step #3. Follow the attorney's advice.

after further review step one should be ..dump gf and then get a lawyer.. lol

lx1x · Aug 4, 2014

Blackstar65 said:
If a protection order was filed for that maybe cause.

if thats the case...they would ask to get the rest of his firearms.

fatalsports · Aug 4, 2014

lx1x said:
after further review step one should be ..dump gf and then get a lawyer.. lol

lol, good advice...and thanks for the comments everyone.

I'll pass them on to him. The info he gave me was:
That he was charged with Destruction of property over 1000 and Destruction of property under 1000. His court date isn't for another month I believe.

Name Taken · Aug 4, 2014

To speculate at this will be never ending. It's third hand information and we likely won't ever get all the facts.

I do believe though if you are convicted of Dest. of Property over $ 500 it is a prohibitive offense as it carries a penalty hire then 2 years.

They likely aren't processing it due to pending charges. So if he's found NG he should be okay.

CypherPunk · Aug 4, 2014

lx1x said:
after further review step one should be ..dump gf and then get a lawyer.. lol

Not so fast Lx1x. We still don't have enough info to form an opinion.

OP: Please rate the GF using the method below;
http://www.youtube.com/watch?feature=player_detailpage&v=hKWmFWRVLlU

Name Taken · Aug 4, 2014

lx1x said:
if thats the case...they would ask to get the rest of his firearms.

Not really.

The judge or commissioner has to put it as a condition of the order to surrender all firearms.

Other wise the police typically do not ask nor do they have legal standing to take the firearms. There are certainly situations where they may ask for them but that's about all it is...asking.

fatalsports · Aug 4, 2014

CypherPunk said:
Not so fast Lx1x. We still don't have enough info to form an opinion.

OP: Please rate the GF using the method below;
http://www.youtube.com/watch?feature=player_detailpage&v=hKWmFWRVLlU

10 for crazy...god I hope he or she doesn't see this thread...and 7 for hot

K.C.Dean · Aug 4, 2014

Everyone who are in a relationship should use this thread as an example why it is imperative to not loose your cool when arguing with your spouse or partner. It is never worth playing tit for tat in a heated argument.

The man involved should get a lawyer. I don't no what the laws are when charged with domestic violence. I don't know if Charges can be dropped by the girlfriend or if it is the district or state attorney's decision.

CypherPunk · Aug 4, 2014

Is her name Tiffanie, or is she a stripper, too?
7/10 is deep in the Danger Zone.

Docster · Aug 4, 2014

Name Taken said:
To speculate at this will be never ending. It's third hand information and we likely won't ever get all the facts.

I do believe though if you are convicted of Dest. of Property over $ 500 it is a prohibitive offense as it carries a penalty hire then 2 years.

They likely aren't processing it due to pending charges. So if he's found NG he should be okay.

Never stopped anyone before........ :innocent0

CypherPunk · Aug 4, 2014

Name Taken said:
Not really.

The judge or commissioner has to put it as a condition of the order to surrender all firearms.

Other wise the police typically do not ask nor do they have legal standing to take the firearms. There are certainly situations where they may ask for them but that's about all it is...asking.

Until you forget "don't talk to police" and/or the police come in and "secure" the firearms.

Then it's weeks and months waiting for a resolution and the return of your property.

fatalsports · Aug 4, 2014

Name Taken said:
To speculate at this will be never ending. It's third hand information and we likely won't ever get all the facts.

I do believe though if you are convicted of Dest. of Property over $ 500 it is a prohibitive offense as it carries a penalty hire then 2 years.

They likely aren't processing it due to pending charges. So if he's found NG he should be okay.

Yea, he was charged with:
Destruction of property over 1000 and Destruction of property under 1000

K.C.Dean said:
Everyone who are in a relationship should use this thread as an example why it is imperative to not loose your cool when arguing with your spouse or partner. It is never worth playing tit for tat in a heated argument.

The man involved should get a lawyer. I don't no what the laws are when charged with domestic violence. I don't know if Charges can be dropped by the girlfriend or if it is the district or state attorney's decision.

Agree, 100%...but I am also glad I moved to Florida - off topic, but my collection has never been so nice since moving down here.

I asked him before if she could drop it since they were back together. He told me that they subpenaed her as well for the court date to testify and she just can't drop the charges.

rmiddle · Aug 4, 2014

fatalsports said:
Got a question, for those of you who may know:

My brother owned a handgun prior to SB281, which he bought from a MD dealer.

He got his HQL about a month ago and bought a 1911. During that time, between getting his HQL and buying the 1911...He got arrested for Domestic Violence.
EDIT *** - He is telling me he didn't get arrested for Domestic Violence, but for Destruction of Property.

It's stupid, but he and his girlfriend got into a fight and she threw his stuff out and he broke her laptop because of that...I guess in the middle of that, to get back at him...she called the cops and he was arrested. He didn't touch her or threaten her in any way.

They are back together and he hasn't had his court date yet...but got his disapproval letter from the MSP.

He called the MSP, but is waiting for a call back. Is just being charged with Domestic Violence or Destruction of Property without being convicted enough to get you disapproved?
It says he can file an appeal, which I'm sure he will...we are just trying to get some insight into why this happened.

Thanks!

He should Hire a Lawyer right away. If the charges are under the heading of Dometic Violence it is likely he wont be able to buy until the charge is cleared 1 way or the other. On the other hand if they aren't but the chargs could care a 2 year or more term in jail he also wont be able to buy until the charge is cleared. He might be required to change ownership of his existing guns to someone else until the charges are cleared.

Lets repeat he needs to hire a Lawyer right away that understand firearms law.

Thanks
Robert

ducrider45 · Aug 4, 2014

without reading through the entire conversation, my reply to the OP is: The open court date is what might be the cause here. Pending criminal case will show up in the system during a background check.

Question about being disapproved for a MD Hangun Transfer

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