HB90 Disqualifying Crime – Domestically Related Crime

Mr H · Dec 26, 2013

Finally getting a chance to read these...

My gut feeling is that there is more to this than meets the eye.

I'm still not too good at digging through statutes... This is one I'd like to ask someone to link to, please:

(4) A DOMESTICALLY RELATED CRIME AS DEFINED IN § 6–233 OF THE CRIMINAL PROCEDURE ARTICLE.

Just what does incorporating this piece accomplish?

Also, the exclusion of 2nd degree assault is baffling. That would include "brandishing" (not defined in MD law, I know), correct??

Biggfoot44 · Jan 10, 2014

The Due Process issue is the retroactive reclassification of a non-conviction into a conviction-equiv.

PJDiesel · Mar 22, 2014

Just heard about someone I know who has been contacted by the MSP and told to return guns he bought last summer (handgun and an AR) to to the FFL he bought them from.

He has a NOLLE PROSE from a 2/2007 charge of something to the effect of Telephone misuse. Absolutely no other record that I can see.

He contacted a lawyer.....

Charge No: 001Description:TEL MISUSE:REPEAT CALLS
Statute: CR.3.804.(a)(2)Description:TEL MISUSE:REPEAT CALLS
Amended Date: CJIS Code:1 0340MO/PLL Probable Cause:X
Incident Date From: 02/20/2007 To: 03/14/2007 Victim Age:
Disposition
Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:05/29/2007

gmhowell · Mar 22, 2014

So just getting charged gets a denial? Nice.

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PJDiesel · Mar 22, 2014

gmhowell said:
So just getting charged gets a denial? Nice.

A retro denial. He has several guns, he's an avid hunter. I know he's had the ones they are asking about for almost a year at this point.

gmhowell · Mar 22, 2014

I'll have to post my saga that started last year. Been avoiding the forum to avoid shooting off my mouth and screwing things up.

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Vile Shadow · Mar 23, 2014

gmhowell said:
So just getting charged gets a denial? Nice.

Well you know, it's not the nature of the evidence, it's the seriousness of the charge. :rolleyes:

Which, in the case of the guy PJ knows, doesn't amount to diddly-squat.

Telephone misuse? :omg:

Such senseless violence... :sarcasm:

gmhowell said:
I'll have to post my saga that started last year. Been avoiding the forum to avoid shooting off my mouth and screwing things up.

And you think you're the only that does that?

Hell, I'm still here.

PJDiesel · Mar 24, 2014

Well, he was actually charged and found guilty in DE. MD has a much higher penalty for this type of offense, that is (apparently) where they are coming up with the idea he needs to return guns.

Oddly, he was approved for MD collectors status after these purchases also. MSP openly admitted to him that they do NOTHING in the way of a background check for those. No surprise on that one, considering there was always some confusion as to if you could get one without having a prior "regulated" purchase. In my mind that means the process for that was that the MSP looked back at your last handgun or AR purchase to make sure it was clear and said "Yup,.... he's good to go".

bg71361 · Mar 24, 2014

gmhowell said:
I'll have to post my saga that started last year. Been avoiding the forum to avoid shooting off my mouth and screwing things up.

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Would be interested to hear it?

gmhowell · Mar 25, 2014

bg71361 said:
Would be interested to hear it?

It's in the water cooler. If you can't find it, send me a pm.

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