2011 Disqualifying crime changes are being enforced retroactively

[Yoboney]

I would recommend that the op look at the crimes charged and then look at other states to reside. Maryland has some very archaic laws and applies them as they wish. Unless you are rich or politically connected they can and will do what they want to do and there is nothing you can do.

I have seen people charged in other states and get the crime reduced and then come to Maryland to purchase a handgun and end up in serious legal trouble. They do go back retroactively too. Sad but true.

 

[fabsroman]

from what I saw on other post, it wasn't necessarily random in that they were going over sales records for the past and following up on some of them. My point today is today, then was then and just because a bought one back then, doesn't mean I have one today and I shouldn't have to tell them if I still have one either (5th amendment). This is why we don't want a registry because then they would know who has one and who doesn't. And yes, it would be a fishing expedition and not a very good probable cause to get a search warrant because in the past I purchased a firearm and today they believe I'm not allowed to have one.

Yeah, I think you better take a look at what California has been doing.

http://downtrend.com/travis/california-begins-confiscating-legally-purchased-guns/

What do you think the Form 77r for a regulated firearm is for? Maryland has created a registry with this stuff.

If you don't think a completed Form 77r is probable cause for a search warrant once you are considered a prohibited person, then we can discuss that some more. Personally, I hope you can convince me that it really isn't probable cause for the issuance of a search warrant.

 

[Yoboney]

OK Beleive it or not.

Wife put some nasty child porn on my work notebook computer and took it to the police. She owned a computer repair co and got the shit off of some of her customers computers. Besides doing 6 months in BCDC, It cost me my $90k a year job-lost my TS clearance. lost my house, lost everything I value. My daughter turns 18 next month. I haven'y seen her in 3 years. She was 12 when this happened. I'm now refured to as "the perv". That is the worst of all.
IM not looking for any boo-hoos here. You asked, thats the answer,

Ask an attorney for help and get her to take a polygraph and see what happens. If she did it then there has to be a way to find the truth. Good luck because it sounds like you got the shaft.

 

[bpSchoch]

You do a lot of research about this stuff I take it. Then do some research on what actually counts as precedent (i.e., what a trial court must follow).

An opinion from the 1st Circuit Court of Appeals only applies to the district courts and other trial courts within that jurisdiction. Maryland is located within the jurisdiction of the 4th Circuit Court of Appeals. While the 1st Circuit Court of Appeals opinion is persuasive, it is NOT binding.

The DOJ weighing in on the subject is not binding either. Until the Maryland Court of Special Appeals or the Maryland Court of Appeals, the federal 4th Circuit Court of Appeals, or the US Supreme Court weighs in on this matter, nothing is binding on a Maryland trial court. Now, if you want to settle this matter, wherein I could actually advise a client to record law enforcement at will with absolutely ZERO worry, then find me an opinion from one of those courts I just mentioned.

If you were a practicing attorney, you would know better than to give a client advise to record a conversation with law enforcement without telling the client that the law is still in a state of flux and there is no guarantee that he will not be charged with a crime, possibly end up in jail, and possibly end up with a criminal record for recording a conversation with law enforcement.

I agree as an absolute technicality, but the hand writing is on the wall with now the first, seventh, ninth and eleventh districts have supported that notion which begins to make things quit persuasive. I believe also it's the SCOTUS (don't have the references handy) which stated they are in the public without expectation of privacy.

 

[bpSchoch]

Yeah, I think you better take a look at what California has been doing.

http://downtrend.com/travis/california-begins-confiscating-legally-purchased-guns/

What do you think the Form 77r for a regulated firearm is for? Maryland has created a registry with this stuff.

If you don't think a completed Form 77r is probable cause for a search warrant once you are considered a prohibited person, then we can discuss that some more. Personally, I hope you can convince me that it really isn't probable cause for the issuance of a search warrant.

I think that it would be an interesting case to be tried. It becomes a sad state of affairs when they can come to you with probable cause because of something you purchased in the past and may or may not still possess without any other verification. Note this is a search based on a suspicion of a crime not a witnessing of one. This is one of the slippery slop situation which begins to make a mockery of the 4th amendment! So are we getting to the point where someone can think of a possible violation and say it's probable cause and issue a search warrant? I think not. Well lets see, joe blo bought this car 5 years ago and I see he didn't register it last year, so let's issue a search warrant to see if we can find this unregistered car!

 

[Mark75H]

I think that it would be an interesting case to be tried. ... make a mockery of the 4th amendment! So are we getting to the point where someone can think of a possible violation and say it's probable cause and issue a search warrant? I think not. Well lets see, joe blo bought this car 5 years ago and I see he didn't register it last year, so let's issue a search warrant to see if we can find this unregistered car!

Exactly! Where on 77r does it say we forever forfeit our 4th Amendment Rights?

 

[Brooklyn]

Yeah, I think you better take a look at what California has been doing.

http://downtrend.com/travis/california-begins-confiscating-legally-purchased-guns/

What do you think the Form 77r for a regulated firearm is for? Maryland has created a registry with this stuff.

If you don't think a completed Form 77r is probable cause for a search warrant once you are considered a prohibited person, then we can discuss that some more. Personally, I hope you can convince me that it really isn't probable cause for the issuance of a search warrant.

These reasons were expanded to include people who are behind on state taxes, did not pay toll fees in a “timely” manner and a wide range of other minor misdemeanors or reported mental health concerns.

From the article linked..

Now the game starts.

Substantive due process --

The real game is in the court ...

 

[2dogsbarking]

I did turn in the "requested" firearm, But, my new very nice wife( who knows my past and my x from hell). There is an issue that she owns a nice 380 ACP and a 22 rifle scoped, by me to hit a playing card at 150 yds. (from a rest). According to the law, she has to keep them locked up and away from me. Can anyone really think if a housebreaker makes it past my 2 dogs I won't try gain access to my wifes property?

Another question. If MSP do get a warrent and find a loose 22lr in the back of a drawer, do you think they would go after her for not keeping the ammo locked away from me?

Last concern. When I filled out the permit application, according to the MSP C I, I had commited perjury.

 

[2dogsbarking]

Not sure, but I think most stat applications ask if the applicant has ever be turned down in another state.
Besides, the yes or no comes from that NCIC in WV. The MD government puts shit into it and anytime my name is researched for a gun application, in any state, the same ******** will come back out.

 

[fabsroman]

I agree as an absolute technicality, but the hand writing is on the wall with now the first, seventh, ninth and eleventh districts have supported that notion which begins to make things quit persuasive. I believe also it's the SCOTUS (don't have the references handy) which stated they are in the public without expectation of privacy.

Yep, and I hope our General Assembly this session can carve out an exception that exempts the public from the wiretap law when recording law enforcement. That is what I have been requesting of my representatives the past couple years and I have gotten NADA on it. Lord knows they have carved out plenty of exceptions in favor of law enforcement recording citizens. Should not be too hard to carve out an exception for citizens recording law enforcement.

What is irritating is that the legislature, at both the state and federal levels, are passing more and more laws to make all of us criminals one way or another and giving police more and more power. Of course, the courts have been helping to give law enforcement more and more power too. It seems as though they are only interested in filling up the prisons.

They need to start working on education and the economy. Filling the prisons and building new prisons should not be one of their goals. More schools, less prisons. More opportunity, less crime.

 

[2dogsbarking]

Thy would have to shoot / kill both my dogs. A bull terrier will not back down, in fact this one will come at you, and not stop until your down and bleeding. regardless, thats part of his job & nature. Shooting peoples dogs inside their homes is bad press for MSP. Dog owners, even the anti gun ones, would get upset.

 

[2dogsbarking]

The got the pistol they asked for. However, when they asked there were any other firearms in the house, I told them about the wifes firearms. They really didn't ask me directly if I had any other firearms.

 

[2dogsbarking]

I tried 3 or 4 times to get the judge to order any type of mental exam for her at diffrent supervised visitation hearings. Nothing, even though I had to take 3 ordered mental exams - and pay for them, and it wasn't cheap.

Truth is she's better at lying then I am at telling the truth.

 

[eruby]

2dogsbarking, I'm very sorry to read of this misery.

I don't know if there's anything tying you down to Maryland, or if you're Federally excluded from owning guns, but I'd be sprinting away from the People's Republic like Carl Lewis on steroids.

Good luck to you sir, I hope things work out as best as they can for you.

 

[Troublesbrewin]

I've noticed an increasing number of marriages dissolving in a similar manner, IMO some lawyers are frequently recommending the use of this type of tactic against gun owners, not necessarily in a child porn scheme, but more often in a threat of bodily harm charge against lawful gun owners. A spouse gets an upper hand once a charge of this type is filed, often the threat is made up.

 

[2dogsbarking]

In truth all she, or anyone, has to do is claim she's scared of her spouse or boyfreind and out the door you go. If she tell them you have firearms, 4 or 5 guys in body armor show up, hand you a peice of paper, take every firearm you own and give you 15 min. to pack and get out. Then over the next month she strips the house (The house in my name only) of everything of value. All she left was my recliner chair and the smallest of 3TVs.

 

[fabsroman]

I think that it would be an interesting case to be tried. It becomes a sad state of affairs when they can come to you with probable cause because of something you purchased in the past and may or may not still possess without any other verification. Note this is a search based on a suspicion of a crime not a witnessing of one. This is one of the slippery slop situation which begins to make a mockery of the 4th amendment! So are we getting to the point where someone can think of a possible violation and say it's probable cause and issue a search warrant? I think not. Well lets see, joe blo bought this car 5 years ago and I see he didn't register it last year, so let's issue a search warrant to see if we can find this unregistered car!

Have you seen the mockery of the 4th Amendment in the New Mexico anal probe cases? I think the Courts and the police are really stretching the 4th Amendment nowadays to try and put every citizen in the nation in prison.

 

[Yoboney]

In truth all she, or anyone, has to do is claim she's scared of her spouse or boyfreind and out the door you go. If she tell them you have firearms, 4 or 5 guys in body armor show up, hand you a peice of paper, take every firearm you own and give you 15 min. to pack and get out. Then over the next month she strips the house (The house in my name only) of everything of value. All she left was my recliner chair and the smallest of 3TVs.

While she may be a good liar..which some bitches are truly good at..you could also take a polygraph and even though it is not good in court may help you. Why didn't you ask for the feds to look at the computer? They could probably tell when the items were downloaded. I have seen women really screw men over. Yours sounds like a really nasty wench.

 

[esqappellate]

Recording video is fine under the statute. It is when you record a conversation that it is not fine according to the statute.

I just read the court opinion regarding the motorcycle case and the Judge did state that an officer should not expect any privacy while performing his duties in public. Problem here is that the opinion was that of a trial court judge and not an appellate opinion. So, it only sets precedence within the county it was issued in. Hard to believe the State's Attorney's office did not appeal it.

I also read through these links:

http://peopleslawoffice.com/the-right-to-record-police-officers/

http://cnsmaryland.org/2013/04/26/u...upporting-citizens-recording-police-officers/

Garcia was found Not Guilty of disorderly conduct. It would be interesting to get a copy of the Judge's opinion in that case.

It appears that the ability to record audio and video of officers performing their public "duties" is in a state of flux in Maryland and it is currently being worked out. Me, I am all for being allowed to record them with both video and audio. I have written my representatives about the wiretap statute being a pile of crap as far as it prohibits a person from recording a law enforcement officer's actions. Not only am I all for dash board cams, but I think all officers should be required to wear a helmet with a camera on top of it. When they have the ability to shoot people and then fabricate a story afterward and/or plant evidence afterward, they should be required to wear helmet cams. Just as law enforcement can track us via all the cameras posted everywhere, their actions should be tracked too. With great power comes great responsibility.

Now, if somebody can show me a reported opinion from an appellate court striking down the wiretap law as it pertains to law enforcement, then I will stand corrected. Until then, audio recording law enforcement in Maryland can put you in the test case pool. That is actually a pool that I would not mind joining if push comes to shove. It is actually something that has bothered me for over a decade.

I did notice one possible problem. The policy change pertains to law enforcement performing its duties in public. Is the execution of a search warrant done in public when it is done inside a person's house? I don't know the answer to this. Can a law enforcement officer expect any type of privacy while executing a search warrant under those conditions?

It would be really nice if SCOTUS did something useful and took up one of these cases to say it is completely legal to record law enforcement officers while they are on duty, or while they are executing any of their duties in their official capacity.

There is some interesting case law being developed in area in various circuits. See Glik and ACLU attached from the 1st and 7th Circuits and cases cited therein.

 

[Brooklyn]

I've noticed an increasing number of marriages dissolving in a similar manner, IMO some lawyers are frequently recommending the use of this type of tactic against gun owners, not necessarily in a child porn scheme, but more often in a threat of bodily harm charge against lawful gun owners. A spouse gets an upper hand once a charge of this type is filed, often the threat is made up.

Old news. About 20 years old iirc.

Marry at your own risk... hell say hello at your own risk. Orders of protection require no offer of proof beyond the claim....