Questions concerning appeal of denial of firearm application.

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  • Ref. my OP concerning the denial of a gun application due only to changes /increase of misdemeanors penalties being used retroactively to deny applications to persons who were beforehand legal, I plan to take the first step, and appeal at the Office of Admin.Hearings, in Pikesville. As I’ve never attended one of these hearings, I’d like to know the format, concerning testimony, record keeping, sworn testimony, if any, and my limits on questioning anyone who might testify.
    If you’re unfamiliar with the situation you can find my OP in the Maryland A2 Issues forum. As I have been the OP in MDS perhaps 3 times the post should be easy to find under my user name
    Thanks in advance
    2dogsbarking
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Please consider retaining counsel..

    What you say and how you say it may make a big difference. It may even prevent much bigger problems..

    Yes I read the thread..

    This is not legal advice... ianal.

    This is not something I would do without counsel..
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,686
    Carroll Co.
    As a lawyer, my advice to you is to get a lawyer. Administrative hearings (whether for zoning hearings, liquor licenses or firearm applications) are similar to trials.

    Not to be rude, but step back and look at the questions (objectively) that you posed. If you don't know, you need to retain someone who does.
     
    Thanks, But, again, I have no money for this. Plus, due to the upper courts pior findings I know I have no chance of winning. I'm appealing to take that first step to get this out of the Maryland court system, and to try to find just how far they (MSP) (MD AG) plan to take this.
    Due to the nature of my conviction, I know Im not the best poster boy to take this up the legal ladder, but maybe I can get some help along the way. WHo knows? Maybe the ACLU will gime me a hand.
     
    I'm 2 month away from having my house forclosed on. And I spent all what was left of my company pension trying to keep my house over the last 6 years. With my conviction I can't get a job landscaping (cutting lawns) or a road flagman. After the first couple of hundred interviews where I never get a call-back I got the message.

    I don't like or want a fight, but when Im pushed into a corner - I will push back.
    This is a lifetime ban in every state.
    Ever wonder why dogs always sleep with their back to a wall?
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I'm 2 month away from having my house forclosed on. And I spent all what was left of my company pension trying to keep my house over the last 6 years. With my conviction I can't get a job landscaping (cutting lawns) or a road flagman. After the first couple of hundred interviews where I never get a call-back I got the message.

    I don't like or want a fight, but when Im pushed into a corner - I will push back.
    This is a lifetime ban in every state.
    Ever wonder why dogs always sleep with their back to a wall?


    Try and get someone to help pro bono... it could happen. Don't have any names.... look for pro 2a folks.

    Talk to NRA Saf anyone who will listen... you might find someone.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Thanks, But, again, I have no money for this. Plus, due to the upper courts pior findings I know I have no chance of winning. I'm appealing to take that first step to get this out of the Maryland court system, and to try to find just how far they (MSP) (MD AG) plan to take this.
    Due to the nature of my conviction, I know Im not the best poster boy to take this up the legal ladder, but maybe I can get some help along the way. WHo knows? Maybe the ACLU will gime me a hand.


    You need to get all this reviewed by competent council. No offense but if your story is true, it does not sound like you had a competent let alone vigorus defense...

    But if you go in unprepared you decrease the likely hood of getting g help later....
     
    I've found finding competent council is more difficult to find than most people think. If you read back in my other post, my first first one took on my case while he was in the process of being disbarred, and split with a lot of my money.Now there is a legal associaion the reimburses people who have done things / screwed their clients. But, I was busy being in jail. Another one just forgot to show up on day(See: Pissed off Judge). The only counciler I could trust is one that would take my case pro bono, knowing we will loose, but prepaired to follow thru to the next level. And, Im down to 29 days to find such a person.
    Don't you think it's better to go down fighting?
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I've found finding competent council is more difficult to find than most people think. If you read back in my other post, my first first one took on my case while he was in the process of being disbarred, and split with a lot of my money.Now there is a legal associaion the reimburses people who have done things / screwed their clients. But, I was busy being in jail. Another one just forgot to show up on day(See: Pissed off Judge). The only counciler I could trust is one that would take my case pro bono, knowing we will loose, but prepaired to follow thru to the next level. And, Im down to 29 days to find such a person.
    Don't you think it's better to go down fighting?

    First have you spoken to any pro 2a groups at all? If not do so. If they said no way... you need to know why...

    Second if its really is your only choice then sure fight anyway you can..

    You may be able to delay by asking for time to find council. But you need to show that you are trying...
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,004
    Political refugee in WV
    Im new to this group (Jr member) and don't really know anyone, even tho Yellowshed / Yellowsled? has me weirded out a bit. Being in MDS is the first socal thing I've been in since my conviction. I joined because of a common interest.

    Of these groups, who do you recomend?

    Try using the "quote" button so people know who you are responding to.

    Next become a member of SAF or the NRA. They can/will point you towards a good lawyer to help you in your fight.
     

    2SAM22

    Moderator Emeritus
    Apr 4, 2007
    7,178
    Keep in mind that MD will not go against Federal Law that says if you've been convicted of a crime that carries greater than 2 years imprisonment you are prohibited from possessing a firearm.
    I'd hate to say it but you'd probably be wasting your time at this hearing, and your money with an attorney.
    Your time/money may be better spent getting a pardon, which will restore your firearms rights.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Im afraid I don't have a suitable quote. Everthing I can think of on this short notice is too negitive. I've thrown too much bad news, info and an alfull story into this group already.

    The quote button let's everyone know that you are replying to a specific post. Helps us understand the thread.

    If your story is as I understand it its worth letting an attorney that specialises in this look it over....

    Make some calls but have all the papers handy....all the way to the conviction at least..

    I do not have contacts yet...
     
    Omalley wants to be VP and our AG wants to be Govenor. A pardon?
    Anyway at least I thouht of a quote. I'll put it up tomorrow. (If I can figure out how)

    It's getting dark and I have to go recon yard sale signs. But, again if anyone has attended one of these appeals, please, how does it work? I'll be back (that is not my quote!) tomorrow - thanks to all. 2dogs
     

    2SAM22

    Moderator Emeritus
    Apr 4, 2007
    7,178
    Omalley wants to be VP and our AG wants to be Govenor. A pardon?
    Anyway at least I thouht of a quote. I'll put it up tomorrow. (If I can figure out how)

    It's getting dark and I have to go recon yard sale signs. But, again if anyone has attended one of these appeals, please, how does it work? I'll be back (that is not my quote!) tomorrow - thanks to all. 2dogs

    More chance than having MD rule you can have a firearm in violation of Federal law. Sorry, but it's true.
     

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