Prohibited persons

[CRJUPro]

According to the waiver they can ONLY look at: authorize the Department of Health and Mental Hygiene, or any other similar agency or department of another state, to disclose to the Department of State Police information limited to whether I suffer from a mental disorder as defined in §10-101(f)(2) of the Health--General Article and have a history of violent behavior against anyone; or whether I have been confined for more than 30 consecutive days to a mental health facility as defined in § 10-101 of the Health--General Article.

However, they search a lot of different databases... I don't know what information is in all of the databases, but you can be sure that it's more than you probably assume. Define similar???

http://www.oag.state.md.us/Opinions/Advice2007/astle.pdf <- read this, this tells you they can investigate anything they ask you about on the Form 77R. The only reason they ask for a mental health release is because of HIPAA. If they didn't have to ask for it, they wouldn't.

Wow. I guess the other threads were right in being upset. It is quite arbitrary. Thank you for your input. So much for trying to play devil's advocate.

 

[2SAM22]

MD makes drunkards prohibited persons with reference to regulated firearms only. Because Maryland law only applies to regulated firearms.
Federal law does not make drunkards prohibited persons.
So multiple DUI convictions within the past 5 yeas will prohibit you from buying a regulated firearm, but not a non-regulated rifle/shotgun. (In other words, a drunkard will pass a NICS but not a 77R).

 

[CRJUPro]

MD makes drunkards prohibited persons with reference to regulated firearms only. Because Maryland law only applies to regulated firearms.
Federal law does not make drunkards prohibited persons.
So multiple DUI convictions within the past 5 yeas will prohibit you from buying a regulated firearm, but not a non-regulated rifle/shotgun. (In other words, a drunkard will pass a NICS but not a 77R).

Which is ironic to me. But whatever. Lol.

 

[2SAM22]

Which is ironic to me. But whatever. Lol.

Yeah, I never said it made sense, but it is what it is.

 

[CRJUPro]

Yeah, I never said it made sense, but it is what it is.

+1

 

[Srsanbo]

MD makes drunkards prohibited persons with reference to regulated firearms only. Because Maryland law only applies to regulated firearms.
Federal law does not make drunkards prohibited persons.
So multiple DUI convictions within the past 5 yeas will prohibit you from buying a regulated firearm, but not a non-regulated rifle/shotgun. (In other words, a drunkard will pass a NICS but not a 77R).

I just got off the phone with Amy at the FBI NICS division. I have had two NICS requests "delayed" (ultimately approved) in the past two weeks for non-regulated firearm purchases, and I wanted to find out why. In the course of our conversation, she said that a DUI will likely cause such a delay, but it would be the subsequent investigation to determine whether the individual should be ultimately denied. Note: I do not have a DUI. In my case, she states that it's likely someone with my name or description has a criminal record in their system. Her suggestion was for her to provide me an application packet that I would complete (along with a fingerprint card) and return to the FBI NICS to get my UPIN. This UPIN number can then be provided to the seller at the time of purchase to be submitted during the NICS call to ensure it goes through. I don't have much of an issue with this if it corrects the problem, but it just seems to me that I am being punished by their inefficiency.

Who says government is too big? Bleh.

 

[Lex Armarum]

MD makes drunkards prohibited persons with reference to regulated firearms only. Because Maryland law only applies to regulated firearms.
Federal law does not make drunkards prohibited persons.
So multiple DUI convictions within the past 5 yeas will prohibit you from buying a regulated firearm, but not a non-regulated rifle/shotgun. (In other words, a drunkard will pass a NICS but not a 77R).

Believe it or not, in the current legal climate, a DUI could make you a prohibited person if the applicable penalty is 2 years or more imprisonment. Normally that kind of punishment is reserved for repeat DUI offenders but with political pressure in place to raise the penalty bar on DUI offenses, one could easily imagine getting hit with a possible 2 yr sentence for a mere DUI.

 

[CRJUPro]

Believe it or not, in the current legal climate, a DUI could make you a prohibited person if the applicable penalty is 2 years or more imprisonment. Normally that kind of punishment is reserved for repeat DUI offenders but with political pressure in place to raise the penalty bar on DUI offenses, one could easily imagine getting hit with a possible 2 yr sentence for a mere DUI.

Ouch. So glad I stay home and rarely drink. To think one could throw away his rights over something so petty is scary. They use any excuse when determining laws.

 

[jpk1md]

Believe it or not, in the current legal climate, a DUI could make you a prohibited person if the applicable penalty is 2 years or more imprisonment. Normally that kind of punishment is reserved for repeat DUI offenders but with political pressure in place to raise the penalty bar on DUI offenses, one could easily imagine getting hit with a possible 2 yr sentence for a mere DUI.

This is the case with Mass.....first DUI carries a sentence of greater than 2yrs......DUI=Prohibited Person