This happened today, 03/27/2014....CONFISCATION

2SAM22 said:

Might work out, but be careful what you wish for. Might also result in being awoken by a flash bag at 3am. But you'd get that warrant.

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And be prepared to tidy up a bit after they are done.

rseymorejr said:

And be prepared to tidy up a bit after they are done.

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I wonder if my homeowner's insurance would cover the broken door frame and damage from the flash-bang. Imagine explaining that....

fabsroman said:

Expunged records are NOT gone from law enforcement or judicial databases, they just are not available for the public to be seen and you do not have to disclose them on a government application, during a job interview, etc. Law enforcement and the judiciary will know whether you have already been given a break via PBJ on an earlier matter even if it is expunged.

As far as the PBJ for a violent crime being a disqualifier per the Simmons Rule, there is an exception for PBJ crimes that have been expunged. So, even though law enforcement can see the PBJ was granted it will be able to see that an expungement was granted and the expungement results in the PBJ not being a disqualifier.

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I had occasion, in an official capacity, to research a criminal history and found a reference to an expunged record.

I had access to pretty much every available database in MD and could find no further information.

Thinking as you do, that there must still be information somewhere on the arrest, I spent significant time calling the courts, MSP, the States Attorneys Office, and everyone and anyone else I could think of.

All of them told me the record is expunged and there is no further information to be found.

In the end it was a complete dead end.

fabsroman said:

Here is what ATF has on its website regarding Form 4473. Looks like the question is 11e. Alcohol would be a depressant, but it would take further digging into the actual laws to see what 11e pertains to.

The poster below cited 18 USC 922(g) 1-9 and I just looked it over quickly, did a Chrome search for "drug" in it and found nothing. So, until I go through it with a fine tooth comb, which would not be until after tax season or a paying client asks me to, it will have to wait.

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See #3.

Firearm Possession Prohibition
Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release) makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/ transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.
Possession of a firearm may be either actual or constructive. The latter has been defined as follows: “Constructive possession exists when a person knowingly has the power and intention at a given time of exercising dominion and control over the object or over the area in which the object is locate....” (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm. You would then be subject to new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be removed from your residence during the term of supervision.
______________________________________________________________

RoadDawg said:

You should have been there back in the '80s and '90s in the City Courts... Western District and Traffic.

The defendants were sometimes a walking circus... One Judge was particularly comedic in his courtroom. Sometimes the laughs had to be suppressed... But those who were the recipients of his whit seldom left laughing. Sometimes, I miss the entertainment. And sometimes we would get a visiting Judge from the Eastern Shore... What a shocker for those Judges...

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Started working for a firm in Baltimore City in 1998 and we were a block up from the Circuit Court on Fayette. A little longer walk to the District Court. District Court in the city wasn't a fun experience either. In all fairness, you can find some insane stuff in any District Court in Maryland, but more so in Baltimore City and PG County.

For those that live a sheltered life, a day in District Court will let them know what the heck is out there people wise. I honestly have no idea how you law enforcement officers deal with this stuff on a daily basis. My view on you guys is pretty much the same as my view on MSI, I am your greatest fan and harshest critic.

fabsroman said:

Started working for a firm in Baltimore City in 1998 and we were a block up from the Circuit Court on Fayette. A little longer walk to the District Court. District Court in the city wasn't a fun experience either. In all fairness, you can find some insane stuff in any District Court in Maryland, but more so in Baltimore City and PG County.

For those that live a sheltered life, a day in District Court will let them know what the heck is out there people wise. I honestly have no idea how you law enforcement officers deal with this stuff on a daily basis. My view on you guys is pretty much the same as my view on MSI, I am your greatest fan and harshest critic.

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I do remember enough about District Court to agree with the highlighted sentiment wholeheartedly

So I must have missed the pbj issue. Is this only for pre disqualifying offenses or others like DUI, reckless driving, misdemeanor assault, etc.?

Dal1as said:

So I must have missed the pbj issue. Is this only for pre disqualifying offenses or others like DUI, reckless driving, misdemeanor assault, etc.?

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it's for specifically enumerated disqualifying crimes.

Alutacon said:

it's for specifically enumerated disqualifying crimes.

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anyone know what these are, or how to find out what disqualifies people

rob b said:

anyone know what these are, or how to find out what disqualifies people

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simple

1 you breathing ?

2 you like guns

3 they will come up with something to disqualify you

rob b said:

anyone know what these are, or how to find out what disqualifies people

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Reference: http://mgaleg.maryland.gov/2013RS/Chapters_noln/CH_427_sb0281e.pdf. (Recommend a bookmark on this)

5–101.
(B–1) (1) “CONVICTED OF A DISQUALIFYING CRIME” INCLUDES:
. (I) A CASE IN WHICH A PERSON RECEIVED PROBATION BEFORE JUDGMENT FOR A CRIME OF VIOLENCE; AND
. (II) A CASE IN WHICH A PERSON RECEIVED PROBATION BEFORE JUDGMENT IN A DOMESTICALLY RELATED CRIME AS DEFINED IN § 6–233 OF THE CRIMINAL PROCEDURE ARTICLE.
. (2) “CONVICTED OF A DISQUALIFYING CRIME” DOES NOT INCLUDE A CASE IN WHICH A PERSON RECEIVED A PROBATION BEFORE JUDGMENT:
. (I) FOR ASSAULT IN THE SECOND DEGREE; OR
. (II) THAT WAS EXPUNGED UNDER TITLE 10, SUBTITLE 1 OF THE CRIMINAL PROCEDURE ARTICLE.
(c) “Crime of violence” means:
. (1) abduction;
. (2) arson in the first degree;
. (3) assault in the first or second degree;
. (4) burglary in the first, second, or third degree;
. (5) carjacking and armed carjacking;
. (6) escape in the first degree;
. (7) kidnapping;
. (8 ) voluntary manslaughter;
. (9) maiming as previously proscribed under former Article 27, § 386 of the Code;
. (10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
. (11) murder in the first or second degree;
. (12) rape in the first or second degree;
. (13) robbery;
. (14) robbery with a dangerous weapon;
. (15) sexual offense in the first, second, or third degree;
. (16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or
. (17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

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ShallNotInfringe said:

Reference: http://mgaleg.maryland.gov/2013RS/Chapters_noln/CH_427_sb0281e.pdf. (Recommend a bookmark on this)

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wow

so if you had one of the above charges at some time and got a pbj then had it expunged you are no longer aloud to buy firearms in MD
am I corrcet on this ?

rob b said:

wow

so if you had one of the above charges at some time and got a pbj then had it expunged you are no longer aloud to buy firearms in MD
am I corrcet on this ?

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Nope. If you had a PBJ expunged, that falls under clause B-1(2)(II) and is expressly excluded as a prohibiting factor.

Quickly skimmed the thread and didn't see this mentioned but why did they not confiscate his unregulated weapons? I mean if he can't own a firearm, he can't own a firearm, right?

unregulated so they can't prove he owns them

asaberan said:

Quickly skimmed the thread and didn't see this mentioned but why did they not confiscate his unregulated weapons? I mean if he can't own a firearm, he can't own a firearm, right?

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As per my recollection of this thread, jr's non-regulated long guns went to his father.

ShallNotInfringe said:

Reference: http://mgaleg.maryland.gov/2013RS/Chapters_noln/CH_427_sb0281e.pdf. (Recommend a bookmark on this)

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Thanks SNI! I own you a tater tot at HT on Saturday!

Lou45 said:

As per my recollection of this thread, jr's non-regulated long guns went to his father.

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Yes. Jr. owns his own home. No longer resides with dad.

frogman68 said:

simple

1 you breathing ?

2 you like guns

3 they will come up with something to disqualify you

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Agreed!!!