Maryland LE and gun searches of out of state vehicles

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,600
    SoMD / West PA
    An LEO can see it anytime they have access to the database and a justifiable reason for the search.

    99% of traffic stops consist of a registration check, a license check, and a warrant check. On a rare occasion an officer might access MD Case Search (the same one open to the public) and that's about it.

    But that won't stop people from thinking that every stop officers are checking to see if someone has a handgun permit. Tin foil has no limits. It's amazing some here even leave their mothers basement.

    Not disagreeing on the LEO can ask any question they want.

    I am surprised (okay not really), That Maryland is lumping gun owners in with criminals.

    What public safety requirement is fulfilled in knowing a non-criminal background check was run on someone at any given time in the past?
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Not disagreeing on the LEO can ask any question they want.

    I am surprised (okay not really), That Maryland is lumping gun owners in with criminals.

    What public safety requirement is fulfilled in knowing a non-criminal background check was run on someone at any given time in the past?

    Are you asking me as if I created and maintain the database?

    It is likely a cost saving measure one the database was created. It does state when you check the name why the prints where taken if that makes you sleep better.

    Feel good...they are lumping gun owners in with day care providers, law enforcement, certain military members, and criminals.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,600
    SoMD / West PA
    Are you asking me as if I created and maintain the database?

    It is likely a cost saving measure one the database was created. It does state when you check the name why the prints where taken if that makes you sleep better.

    Feel good...they are lumping gun owners in with day care providers, law enforcement, certain military members, and criminals.

    That is what makes the information a double edged sword. After all the information is in the "Criminal Justice Information System".

    In my Mayberry mind; HQL applicants, CCW holders, teachers, day care providers, law enforcement, certain military members should not be associated/intermingled with criminal records...
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    That is what makes the information a double edged sword. After all the information is in the "Criminal Justice Information System".

    In my Mayberry mind; HQL applicants, CCW holders, teachers, day care providers, law enforcement, certain military members should not be associated/intermingled with criminal records...

    Well have fun complaining about it.

    It indicates a criminal history check was conducted based on the fingerprints and other information.

    I'm not sure you have a understanding of the system, how it works, and what database in the system gives you what information.

    If you run a name and the person is a MD Teacher it just gives you a positive response that their fingerprints on are file. You then have to search another database to get their (if any) criminal history.

    So really it's a separate search to get someone's criminal history compared to their fingerprint history.

    I doubt that fixes your Mayberry.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,626
    Glen Burnie
    So as I understand the CJIS refers to MD and AFIS is FBI. I know FBI has a CJIS but I think in the terms we're discussing it's state CJIS.

    AFIS has all criminal fingerprints and fingerprints of all fed govt and military personnel. Also included are photographs and other searchable media.
    State cjis repositories naturally contain all state criminal prints and other local identifying info. AFIS stored state and local info is dependent on what the States enter into AFIS. Which is everything anyway.
    Technically prints can be searched locally only but I don't know any agencies who aren't AFIS "customers". Don't be surprised States share every single print with the FBI for AFIS.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Look a the bright side id theft just got harder...well the case of someone giving your name when geting booked, skiping bond and leaving you at gun point for an outstanding warrent just went down since your prints are already in the system.

    Of course they have to actually care...

    But its a start.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    It's a common mis-reading (and/or mis-application) of the law.

    When I had my little incident in New Jersey they tried to charge me with having hollow-point rounds, even though there was not a firearm in my car.

    NJ law at the time read that it was illegal to use HP rounds during commission on a crime. What was intended was to add a charge if a firearm was used in commission of a crime. What happened was large number of issues interpreting the law.

    I had a knife in the car, which it turns out is a crime (as was the razor knife in the toolbox in the back seat, and the screwdrivers, etc.)... but they didn't have PC to pull me over... having mistaken my Escort GT for the Mustang GT they were looking for. (man...)

    It was kind funny how my Speer SJHPs, where the front half of the round was completely lead, was a "cop killer bullet." It was even funnier when another officer told the guy to knock it off, and that anything coming out of a 44mag was a cop killer bullet.

    The sad part is the cost of the attorney to force the issue of a lack of PC, and get you off.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    AFIS has all criminal fingerprints and fingerprints of all fed govt and military personnel. Also included are photographs and other searchable media.
    State cjis repositories naturally contain all state criminal prints and other local identifying info. AFIS stored state and local info is dependent on what the States enter into AFIS. Which is everything anyway.
    Technically prints can be searched locally only but I don't know any agencies who aren't AFIS "customers". Don't be surprised States share every single print with the FBI for AFIS.

    What I'm curious about is if when a State record is expunged, and the State requests the information back (photos, print cards, etc.) from the FBI... does it get wiped from AFIS?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,600
    SoMD / West PA
    Well have fun complaining about it.

    It indicates a criminal history check was conducted based on the fingerprints and other information.

    I'm not sure you have a understanding of the system, how it works, and what database in the system gives you what information.

    If you run a name and the person is a MD Teacher it just gives you a positive response that their fingerprints on are file. You then have to search another database to get their (if any) criminal history.

    So really it's a separate search to get someone's criminal history compared to their fingerprint history.

    I doubt that fixes your Mayberry.

    Its quite sad actually.

    Where gun owners are intermingled with criminal records, and veterans are a restriction on a drivers license.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    I thought I heard that HQL fingerprints were not "retained" after 60 days. Jauntily adjusting my tin foil beenie, I always expected them to be kept anyway, just not acknowledged...
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    Won't be funny when you're standing on the side of I-95 for 45 minutes while your car is getting searched.

    I am not worried. Having a CCW permit in the database with no other PC or RAS won't result in a search.

    The guy from FL had other circumstances than just a CCW oermit. VA LEO's can see CCW info when running your tags. I don't see folks in VA getting harassed because of it.
     

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    So the cop saw the permit when the dude opened his wallet, according to the article.

    Is that enough probable cause to search the vehicle in order to find a possible gun there? Couldn't the guy not have consented to a search of his vehicle?
    Consent wasn't necessary. The officer claimed PC due to the "odor" of marijuana.
     

    Fishguy

    Ultimate Member
    Jun 30, 2009
    5,080
    Montgomery County
    Hand the cop your DL, and registration and a pocket constitution...get a little note that says NO SEARCHES, IM NOT SPEAKING and I WANT A LAWYER...You do not have to talk to him...don't incriminate yourself..

    Out of curiosity, and this is a serious question I'm not being cute (I am occasionally accused of that), why hand the officer a pocket constitution?
     

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