BIL was denied regulated purchase for Juvenile MH record

j_h_smith · Oct 29, 2013

Look for this type of action from the MSP from here on out. A reporter's papers, a juvie issue, when will it stop? Probably never.

Germany 1937, all over again!

Jim Smith

gabe72 · Oct 29, 2013

How can you be digging yourself a deeper hole by pleading the fifth when they will take anything you do say and crucify you with it.and I believe it has been discussed before you could have a storage locker in another state to store your firearms and that is legal.

Brooklyn · Oct 29, 2013

j_h_smith said:
Look for this type of action from the MSP from here on out. A reporter's papers, a juvie issue, when will it stop? Probably never.

Germany 1937, all over again!

Jim Smith

If you really want to know what Germany in '37 was like I think I may be able to find a few remaining survivors..

What we are seeing now is concerning and must be dealt with -- but its not Hitlers brown shirts..

This kind of hyperbole makes it harder for me to reach the very people we need most in this fight..

If Hitler is 10 out of 10 we are at 1 or 2..

redeemed.man · Oct 30, 2013

fred2207 said:
Nothing tricky at all...As long as you do your transfer through an FFL located in the out of state location, the transfer is good to go and legal---been there done that.

That was my point. The FFL being necessary.

Sent from my EVO using Tapatalk 2

Fess Parkerized · Oct 30, 2013

RoboRay said:
He needs to transfer himself out of state immediately.

IANAL, but seems like a bad idea to me.

Maybe time for the Water Cooler?

kohburn · Oct 30, 2013

Mobile said:
If they're transferred to someone else's possession, isn't that the equivalent of surrendering them? It's not as if they're evidence of a crime, they're just items he can no longer possess.

Maryland can not regulate possession of something in another state, only within MD.

if the guns are not in MD then there isn't shit they can do about it, sinec it no longer falls under MD state law.

kohburn · Oct 30, 2013

good guy 176 said:
By Maryland law, firearms stored out of state must pass through an out of state FFL in order to be in compliance with that law. I can't quote the reference off the top of my head, but it was discussed on MD Shooters during the SB 281 hearings. MD has covered its bases and has the law in place to thwart us.

Edit: Some of us considered storing regulated firearms outside Maryland to avoid registration, which was eventually struck from SB 281, and that's when the outside FFL matter arose.

unless you can provide proof of this it is nothing but equine scattology

has been discussed on this forum a number of times over the years for various reasons.

kohburn · Oct 30, 2013

squaregrouper said:
Has the law related to juvenile records changed since SB281? If it did, I missed it.
Prior to SB281, juvenile records were disqualifying until age 30, at which time they became null and void for regulated firearms purchases. A crime/deliquency would disqualify someone between 21 and 29, but not 42. The OP mentioned his BIL was 42 years old.

IANAL, and didn't stay at a Holiday Inn Express last night.

ultimately i think that this would be the catch.
I suspect that their new "tool" to speed up the process has a few bugs to work out or people aren't used to seeing all the new data and are getting confused.

if sb281 changed this and nobody caught it then there is an issue.

foxmanb · Oct 30, 2013

boundlessdyad said:
In ANY event he needs a lawyer. He may have already committed acts considered to be criminal. He should not dig himself into a hole anymore than he already may have. Talk to no one except a lawyer. Very simple.

THIS. Speak with a lawyer ASAP.

Robert · Oct 30, 2013

Did I miss it, or did someone actually give the OP the name of a good firearms lawyer? I ask because I think many others are going to be needing their services sooner or later her in good o'l Maryland.

Indiana Jones · Oct 30, 2013

Odd how they only knew about it this time. Where did he buy the other guns? And why did he lie about the hospital?

Inigoes · Oct 30, 2013

Since it was a juvenile record, and the BIL is over age 30.

It should not be a problem...

6-Pack · Oct 30, 2013

As a lawyer, I am telling you to tell him to get a lawyer IMMEDIATELY.

Here's what to do in the meantime:

1. Cease all discussions on the internet immediately.

2. Cease all discussions regarding the matter immediately and inform your BIL of same.

3. Allow police to search only of they present a warrant. Do not invite them inside and do not speak to them voluntarily. If they invite him to the station, he should decline even if it seems like the police want to help him.

4. If he is arrested, he should assert his right to remain silent and he should demand to speak to his attorney before answering any questions.

Lawyer up, it's the right thing to do!

Also, the "juvenile records" cite applies if he was charged as a juvenile. It's possible he was charged as an adult. Please don't share whether he was charged as a juvenile or adult.

esqappellate · Oct 30, 2013

kohburn said:
Maryland can not regulate possession of something in another state, only within MD.

if the guns are not in MD then there isn't shit they can do about it, sinec it no longer falls under MD state law.

Please note that this subject matter has federal law implications under 18 usc 922(g):
(g) It shall be unlawful for any person--
* * *
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution
* * *
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign
commerce.

GET a lawyer ASAP

niftyvt · Oct 30, 2013

henn5849 said:
I really get sick in the stomach reading threads like this. This could happen to anyone...

Hence why I will NEVER seek out mental health care.

Brooklyn · Oct 30, 2013

good guy 176 said:
It sounds as though the BIL still owns the firearms, and that he is attempting to avoid confiscation. That sounds like a chargeable offense to me. IANAL.

No. He has surrendered posession voluntarily. No one has yet come to confiscate.. when they do he will need s lawyer.

Voluntarly surrendering posession to a third party is not unlawful it is prudent and in fact the only way to comply with the law at this time.

Continued posession would be a crime however..

Ianal this guy needs one. Yesterday...

Edit to add

Esq points out a federal issue... do not ignore this...

Brooklyn · Oct 30, 2013

esqappellate said:
Please note that this subject matter has federal law implications under 18 usc 922(g):
(g) It shall be unlawful for any person--
* * *
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution
* * *
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign
commerce.

GET a lawyer ASAP

Interesting.... this needs watching

Docster · Oct 30, 2013

metalman3006 said:
I only know what I have been told 2nd hand, I partially started this thread to hopefully get him to seek out the advice of a layer, I believe it has and he will try to contact one tomorrow.

Second hand info is never a good place to start a discussion with; however from what you've stated, it sounds like the MSP caught BIL in a lie about his hospitalization and it may look to them like he's sent the guns out of state to avoid confiscation. Esq has quoted the Fed law; I'd go with that. Irrelevant that recent purchases were approved-he needs to lawyer up

2AHokie · Oct 30, 2013

Docster said:
Second hand info is never a good place to start a discussion with; however from what you've stated, it sounds like the MSP caught BIL in a lie about his hospitalization and it may look to them like he's sent the guns out of state to avoid confiscation. Esq has quoted the Fed law; I'd go with that. Irrelevant that recent purchases were approved-he needs to lawyer up

I still fail to see how avoiding confiscation is noteworthy or relevant. Possession in MD is outlawed and he isn't possessing them because he voluntarily asked someone else to be in possession of them. The entire point of surrendering them to someone else is to avoid confiscation.

kohburn · Oct 30, 2013

esqappellate said:
Please note that this subject matter has federal law implications under 18 usc 922(g):
(g) It shall be unlawful for any person--
* * *
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution
* * *
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign
commerce.

GET a lawyer ASAP

I figured there could be some federal issues, was just pointing out the MD angle.
so does that section apply any point in time without limitations? such as something in a juvi record?

crazy to think that something that could have been done as a youth can come back to bite you 30 years later

BIL was denied regulated purchase for Juvenile MH record

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

Ultimate Member

I stand with John Locke.

Ultimate Member

Active Member

Resident MacGyver

Resident MacGyver

Resident MacGyver

Member

Having Fun Yet?

Wolverine

Head'n for the hills

NRA Life Member

President, MSI

Ultimate Member

I stand with John Locke.

I stand with John Locke.

Ultimate Member

Active Member

Resident MacGyver

Users who are viewing this thread

Log in

Forum statistics