should i defend myself based on background check info

[CZ TAIJI]

Hi folks,
ok my background check came in today and was completed.

i want t know if you qualify for a gun can they deny you based on your background check.

1st. case information is as follows.i have had charges that were levied against me, and i went to court to face them.

None of these charges/crime were something i did or could have done. i didn't even know the crimes had been committed until an early sunday morning when county cops came to my house to take me into custody via a warrant.

to be clear the police and the states attorney already knew i didn't do any of those crimes before they came an arrested me. i would go into more detail, but a book might be written based on my case. my case was so absurd that it was written up in "the daily record" which thankfully supports my total and complete innocence.

the states attorney intervened before the 2nd. part of the trial could continue. she said she didn't want me to get convicted of crimes that she didn't think i committed. in reality she should have said that she knew i didn't commit nor could have committed. yet to say it like that would have made her office look worse than it already did for having me on trila in the 1st, place.
_________________________________________

i had a cds charge that was for possession of marijuana. the amt was = to 1/2 a small joint max. _______________________________________________

last charge carrying my gun without a permit. the officer in the case asked if he could speak on my behalf before the case was even heard. yup, that was a surprise to my attorney and me to say the least. my attorney's friend & fellow attorney advised us to go to trial and we would easily beat the case no problem.

this would mean i would get to keep my CZ PISTOL. i elected to accept a PBJ because i didn't want to risk court and have my animals be screwed over for what i had done. so i forfeited my gun and actually paid them probation fees for a year or so as outlined in the deal.

this was all 10 years ago, and prior to the items mentioned above i had never been in trouble with the law.

Ok, that is all. the issue is all the details i gave here don't show on the background check. will they deny me based on not looking into my situation details. as far as i know I'm legally able to own a gun still and have my range fantasies fulfilled.

Anyone with experience/knowledge in this area please chime in and share your thoughts. thank you kindly

 

[rseymorejr]

I'm not sure that I completely understand all that but if you have a PBJ on your record, for a crime that would have disqualified you from owning a firearm, then I think your only option at this point would be to have it expunged.

 

[BradMacc82]

Get a lawyer, honestly.

As well-intentioned as some of us are, we are not lawyers.

 

[AntiGun]

To be clear as far as I can interpret your post:
You were exonerated of the first set of charges.
You were guilty of CDS.
You were likely to not be convicted for unlawful carry but took PBJ instead?

Time since charges is not relevant here unless you were a minor, only convictions or PBJ's matter.
I think that PBJ is going to bite you in the ass. Unlawful carry is more than 2 years IIRC.

Ask a lawyer under confidential conditions.

 

[yellowsled]

That was one of the most confusing and unclear posts I have ever read. I am sorry, but I don't think we can give to much constructive feedback on the partial details you provided. If the case is over, details should be able to be released.

All I can say is Illegal drugs and firearms don't mix under any circumstances. Even one joint.

 

[CZ TAIJI]

THE PBJ WAS CONNECTED TO A LEGALLY OWNED/REGISTERED FIREARM.

expunged is a legal farce. it just means they put a cover over what occurred. yet, in reality any leo organization like MSP will be able to see it if they are the ones doing the background check.

what would occur if they denied me. would I then be forced to return the gun. I guess that would be mandatory. I hate this freaking state


@ AntiGun
nol pros does not equal quilt of anything in legal terms. in simple terms it means we are not going to prosecute this person,, which mean no guilty verdict is possible because there was/is no trial.
http://legal-dictionary.thefreedictionary.com/nol+pros

damn the rain tax is true too. http://www.forbes.com/sites/travisb...-pours-tax-dollars-in-maryland/:tdown::sad20:


I have never been convicted of any crime, be it a felony or a misdemeanor!

Based n FEDERAL Law I was under the impression that I am legally entitled to own a gun.

http://smartgunlaws.org/prohibited-people-gun-purchaser-policy-summary/

Federal law prohibits the purchase and possession of firearms by people who fall within certain categories, such as convicted felons, domestic abusers, and people with specific kinds of mental health histories.1 Although background checks have prevented over two million people in these categories from obtaining guns,2 the federal law does not generally include other types of people identified by public health researchers as being at a significantly higher risk than the general population of being dangerous,
including:
Those who have been convicted of violent or gun-related misdemeanors;3
Those with a history of abusing alcohol or drugs4;
Those convicted of juvenile offenses;5 and
Additional people who have suffered from severe mental illness.6

it says above a history of abusing alcohol/drugs . I have no history of abuse. 1/2 A JOINT isn't a history of abuse
shoot I have gotten all sorts of pain meds, and when I don't like them or stop using them I don't go sell them, I trash them or they just sit.

 

[yellowsled]

purchase a gun locally from a dealer. Then you wont have to ship/return if it is denied. I think the "unlawful carry" is gonna bite you in the ass to purchase new firearm. My money is you will be denied.

 

[AntiGun]

THE PBJ WAS CONNECTED TO A LEGALLY OWNED/REGISTERED FIREARM....

Legally owned doesn't negate illegally carried. Sorry but you need a lawyer.
IANAL but you need one if you want to own a gun.

 

[clandestine]

In MD owning a handgun legally does not mean its legal to carry it.

I think the new laws even effect expugements too.

 

[Name Taken]

Holy S.

Talk to a 2A attorney with your questions.

 

[eruby]

Welcome aboard , thank you for your Marine Corps service.

Now lawyer up.

 

[ThawMyTongue]

I need an aspirin...

To the OP, talk to a lawyer... now.

 

[CZ TAIJI]

That was one of the most confusing and unclear posts I have ever read. I am sorry, but I don't think we can give to much constructive feedback on the partial details you provided. If the case is over, details should be able to be released.

All I can say is Illegal drugs and firearms don't mix under any circumstances. Even one joint.

thank goodness how you say that is not the same for my situation. the way you say guns and drugs don't mix implies that a gun & drugs were involved in the same instance/infraction/crime.

read slower, I made a tiny adjustment to the very beginning. but it's not that tough to figure out imho. but thx regardless

yes, I'm going to call my attorney now.

talked to secretary and my attorney will call. in the mean time called a a lawyer and they said that " restoration of gun rights is the type of attorney that deal with my type of issues. yet, my common sense tells me that suff only applies to folks who have been denied based on convictions that disqualify them from owning a gun. I have never been convicted of anything, ever.
hopefully my concerns will all be dust in the wind and I get my HQL soon. thx folks for all your help & concern.

off topic but,funny thing related remotely. I just saw a list of all the states that honor md. permits. yet none of them immediately surround md. to the contrary md. is like a gun island surrounded by those who don't honor md. permits

 

[yellowsled]

I am not saying you were walking around smoking a joint and carrying a firearm at the same time.

Just saying gun ownership and illegal drugs don't mix. 99.8% people on here will tell you the same thing.

 

[CypherPunk]

Based on the information you provided it appears that a number of poor decisions have been made.

They might include;
1. Failure to obtain local, competent, experienced and effective legal representation.
2. Accepting a plea bargain for a crime you didn't commit.
3. Possessing CDS.
4. Carrying a firearm without a permit.

We all eventually learn from our mistakes. I know I have.

I wish you luck.

 

[Laddertowr]

Hell yes defend yourself,

Took me almost 3 weeks for NICS to approve me for my first weapon which was a marlin 22 rifle… guy at dicks said it was probably cause I had had a top secret clearance before I retired.. Then it took me almost 4 months to get cleared to pick up my first pistol (GSG 1911 22LR)… Cpl at MSP said I had a charge back in 1973 (yes IM OLD)… After a trip to the Hall of Records in Annapolis and a trip to the court house in Upper Marlboro I proceed up to Reisterstown MSP to hand deliver my papers…Still took almost another 2 months to get cleared. The case just never went any place, but I couldn’t prove it as no paper work exist on a final decision in the case. But hats off to the CPL from MSP..no proof I was convicted only charged and I got my pistol… Went to buy a few more rifles that had to go back through NICS for the background check and each time I got placed on hold, and then later allowed to pick them up.
I filed a VAF with NICS and was told I was convicted of a crime and denied my request… Finally after going back and forth with NICS…I asked them to produce this so called conviction as neither the Hall of Records or the Court House had anything on file. On my second trip to the Hall of Records I was given all the transmissions between NICS and the Hall of Records and also given a copy of what NICS had received. So I sent that back with a letter that I thought would have gotten me in trouble. So a week later I received a notice that they were reviewing my VAF and a few days later NICS sent me a letter informing me I had been placed on the clear list and given a UPIN number for the FFL to give NICS on any future applications. Bottom line is : Those records got destroyed back when the court house basement got flooded years ago, but not many would remember how small the creek use to be behind the court house.. didn’t take much to make it over run it’s banks.

If you know your in the right then do all the leg work...

 

[MDFF2008]

Yes, absolutely they can deny you for your background check. That's the point of it.

We need more information.

1st Charge: Unknown crimes you learned about at 9am. What happened? Did they drop the case? convict you? What did they charge you with?

2nd charge: CDS. Did you plead guilty, take a PBJ or not guilty?

3rd charge: Carrying firearm. You took PBJ.

You need to get the PBJ expunged. If you completed the PBJ without another charge, and it's been over 5 years, you can get it expunged.

http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf


Now if your prohibited or not depends on what the 1st two charges were and the result of those charges.

 

[Pinecone]

Hi folks,
ok my background check came in today and was completed.

i want t know if you qualify for a gun can they deny you based on your background check.

If you pass the background check for a firearms purchase, you have PASSED IT.

They don't do it again.

In MD, there have been a few people who received a pistol on 8th day release, that were later Disapproved, but they had not "passed the background check" when they received the firearm because MSP was behind on paperwork.

But as many have said, contact a GOOD 2A knowledgeable lawyer.

 

[fabsroman]

In MD owning a handgun legally does not mean its legal to carry it.

I think the new laws even effect expugements too.

An expungement is the way to become non-prohibited again after you receive a PBJ for a crime of violence, the exception being 2nd degree assault. This was the Simmons Amendment.

 

[fabsroman]

Yes, absolutely they can deny you for your background check. That's the point of it.

We need more information.

1st Charge: Unknown crimes you learned about at 9am. What happened? Did they drop the case? convict you? What did they charge you with?

2nd charge: CDS. Did you plead guilty, take a PBJ or not guilty?

3rd charge: Carrying firearm. You took PBJ.

You need to get the PBJ expunged. If you completed the PBJ without another charge, and it's been over 5 years, you can get it expunged.

http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf


Now if your prohibited or not depends on what the 1st two charges were and the result of those charges.

PBJ can be expunged after 3 years if there is no other charge between the time of the PBJ and the time of the request for the expungement. There is a wrinkle though, and that is where there are additional charges that went along with the one the PBJ was granted on.