Disqualifying Crime

[Proto]

I hope I posted this in the correct forum on the site. Forgive me if I didn't.

My brother is trying to purchase his shotgun with purpose of home defense and hunting. However he was convicted of 2nd degree assault (threw a beer can) and disorderly conduct when officers were breaking up a college party in 2001. He served weekends (30 days total).

If I read correctly it's a misdemeanor at state level but at federal level any crime punishable over 2 years is considered a felony thus disqualifying him.

During my searches I came across SB-892 and HB-1367 of the 2002 session. I'm not sure if these were enacted or not. Could someone elaborate on these?

http://house.state.md.us/2002rs/billfile/SB0892.htm
http://house.state.md.us/2002rs/billfile/hb1367.htm

From what I gathered he would have to:

1. Request a pardon from the Governor
2. If granted a pardon, apply to have the charges expunged from his record.
3. If granted the expungement, re-apply for a long gun.

Can anyone offer some advice on what to do or proper steps to take so he can legally own a firearm? I'd really appreciate any help.

 

[Afield]

IANAL.

But...charged does not mean convicted. More accurate detail surely would be required.

 

[Proto]

IANAL.

But...charged does not mean convicted. More accurate detail surely would be required.

Edited my first post to convicted, meaning found guilty and added a little more information.

 

[rj1974]

No offense meant here , but this is the internet . Contact a lawyer

 

[Proto]

No offense meant here , but this is the internet . Contact a lawyer

Someone (possibly) may have faced an issue close to this or have some type of information. Thanks for your input though.

 

[dlmcbm]

30 seconds on google... OH!!! Just because it's on the internet don't make it true
. Talk to a lawyer, get it expunged...

Second Degree Assault

Less serious than first degree assault, though still considered a serious offense is second degree assault. You could be facing this charge if you are accused of any general assault that does not classify under the rules of First Degree Assault.

In other words, if you touch someone else in an unwanted manner that could be perceived as unwanted, offensive, or potentially harmful (whether or not it causes injury), you could be charged with this offense.

Generally, assault in the 2nd degree is a misdemeanor though it carries a maximum potential sentence of 10 years. However, if the assault was committed on a law enforcement or probation officer, that assault charge will be entered as a felony.

Ref: MD. Code §3-203

http://www.assaultandbattery.org/maryland/

10 years is a long time.....

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