Recently denied a firearm purchase

[Pilot123]

I'm a new member to the site and wanted to see if anyone might be able to help me out. I've been able to purchase firearms in the past, but my most recent time I was denied. After speaking the FBI, the reason it was flagged was I was convicted of a misdemeanor over 3 years ago, which carried a term longer than 2 year. Yes, while that sounds bad it really wasn't, all of sentence was suspended beside 2 weekends, 4-days total. The charge wasn't anything too crazy, 2-degree assault, basically too much alcohol and a fight broke out at a party. With MD being so tough with gun laws wasn't sure if there were any suggestions or steps I could take to have this issue corrected? I appreciate all the help and thanks again!

 

[Z_Man]

FSA2013 made anyone convicted of any crime with a maximum sentence of 2 years or more a prohibited person.

I am not a lawyer, but I don't think there is anything you can do about it at this point.

 

[Pinecone]

Actual sentence does not matter. What matters is what the maximum sentence is.

Talk to a lawyer.

 

[mopar92]

FSA2013 made anyone convicted of any crime with a maximum sentence of 2 years or more a prohibited person.

I am not a lawyer, but I don't think there is anything you can do about it at this point.

Contact a lawyer and get it expunged if possible. Also try contacting MSI and/or former Delegate Smiegel.

 

[jimbobborg]

Move to another state.

 

[swinokur]

It's also a Federal prohibitor.

moving won't help.

From 4473 instructions
.

 

[swinokur]

BTW. Howdy. Join the fight.

www.marylandshallissue.org
.
.

 

[Blaster229]

Many new-ish "pilot" names lately.

 

[eruby]

I'm a new member to the site and wanted to see if anyone might be able to help me out. I've been able to purchase firearms in the past, but my most recent time I was denied. After speaking the FBI, the reason it was flagged was I was convicted of a misdemeanor over 3 years ago, which carried a term longer than 2 year. Yes, while that sounds bad it really wasn't, all of sentence was suspended beside 2 weekends, 4-days total. The charge wasn't anything too crazy, 2-degree assault, basically too much alcohol and a fight broke out at a party. With MD being so tough with gun laws wasn't sure if there were any suggestions or steps I could take to have this issue corrected? I appreciate all the help and thanks again!

G. Gordon Liddy nods ruefully.

Many new-ish "pilot" names lately.

 

[swinokur]

MDS is now flyover country...

 

[ComeGet]

What, with all the deplorable, evil gun owners here no one is telling the new guy how to get around the laws?

Shocking, just shocking.

 

[Name Taken]

Yup...it's punishable by up to ten years in jail so you are in fact prohibited from possession/ownership in MD and 49 other states. If you have firearms that you previously bought you are committing a crime by keeping them.

Didn't 2013 change where you can't get 2nd assault expunged in Maryland? I know in one of the "crimes of violence" definition they added 2nd Degree Assault to it as well...not sure which one.

 

[mopar92]

Yup...it's punishable by up to ten years in jail so you are in fact prohibited from possession/ownership in MD and 49 other states. If you have firearms that you previously bought you are committing a crime by keeping them.

Didn't 2013 change where you can't get 2nd assault expunged in Maryland? I know in one of the "crimes of violence" definition they added 2nd Degree Assault to it as well...not sure which one.

I have no clue which is why I told him to contact an attorney.

 

[Doctor_M]

My guess is that at some point MSP will probably knock on your door asking you to turn over any other firearms. I'd get a lawyer... not sure what if anything you can do, though. Good luck.

 

[John from MD]

Probably to late for an attorney. The Firearms Retrieval Task Force is one of our many viewers.

 

[Blacksmith101]

Better sell all your guns cheap to unload them fast. So what have you got? Just kidding I would not want to be on either end of a deal with a prohibited person.

Get yourself a good lawyer quick. Check the industry partners section for lawyers who are familiar with firearms laws.

And yes we seem to be getting an increase in the number of questions from prohibited persons. We have nine pilots but only two this year one July and one August.

 

[GTOGUNNER]

I'm a new member to the site and wanted to see if anyone might be able to help me out. I've been able to purchase firearms in the past, but my most recent time I was denied. After speaking the FBI, the reason it was flagged was I was convicted of a misdemeanor over 3 years ago, which carried a term longer than 2 year. Yes, while that sounds bad it really wasn't, all of sentence was suspended beside 2 weekends, 4-days total. The charge wasn't anything too crazy, 2-degree assault, basically too much alcohol and a fight broke out at a party. With MD being so tough with gun laws wasn't sure if there were any suggestions or steps I could take to have this issue corrected? I appreciate all the help and thanks again!

Makes you ineligible to purchase a firearm and means you lied if you were convicted prior to purchasing the firearms you speak of. SELL them now.
All is not lost, well maybe for you, A recent court decision in another Circuit may someday help you...
No one but you knows of your prior illegal purchase... YET.
IANAL

 

[Shemp]

A friend of mine just went through this. Swat officers showed up at his home. He had to turn over all his guns. Luckily they let him turn them over to a local FFL who held them for him. A couple months later after legal fees and aggravation his record was expunged. All guns returned.

 

[rob]

Sorry fir going off topic....

I also noted in the quoted federal statute that Prohibited persons includes illegal users of Marijuana. I guess that makes all the pot smokers in the "legal" states, prohibited persons too, since it's still a federal crime.

Just a thought... I bet the dems fight to keep pot illegal at the federal level as a back door defacto gun ban.

Sent from my SAMSUNG-SGH-I527 using Tapatalk

 

[krucam]

The Binderup ruling in the 3rd Circuit knocked down the prohibition "As Applied" to an individual with a 2-year misdemeanor on his record, essentially saying the disqualifying event was not serious enough.

After discussing these events with your lawyer, provide him with the Binderup ruling as well.

https://www.mdshooters.com/showthread.php?t=199151