traffic stop leads to arrest

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    Blackstar65

    Blackstar65

    Ultimate Member
    Jun 27, 2010
    1,002
    I though FOPA dealt with the firearms and not the person. I would be interested to know what made him a prohibited person under Maryland law.
     
    D

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    FOPA requires that the firearms be stored a certain way. The story claims that they were in view.

    Damn a 5 minute search of this forum could have saved him the trouble.
     
    MigraineMan

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,309
    Frederick County
    What Cpl. T. Bean found was a vehicle loaded with more than a dozen guns and a New Hampshire driver prohibited from buying or possessing them in the state of Maryland.
    Click to expand...

    Considering that Mr. Seik wasn't purchasing said firearms, the above quote from TFA looks a lot like text pinched from SB-281.
    Darren Paul Seik, 29, was taken into Maryland State Police custody and charged with possession of regulated firearms, a rifle and shotguns by a person prohibited, as well as related offenses.
    Click to expand...

    Possession of regulated firearms ... yep, SB-281. The "by a person prohibited" part is ambiguous.
    Seik appeared before a District Court commissioner late Saturday. He was not in jail Sunday afternoon, and the circumstances of his release were unclear.
    Click to expand...

    But, but, but ... he had teh gunz. And guns are bad, m'kay? Why isn't he in jail?
     
    Blackstar65

    Blackstar65

    Ultimate Member
    Jun 27, 2010
    1,002
    I don't think this related to HB281. I think this has to with what his criminal convictions are. He wasn't arrested for having prohibited weapons he was arrested for being a prohibited person. I think you guys may be defending a criminal.
     
    zoostation

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    Remember that any charges against him by state or local police will be state, not federal, charges. Don't assume he was only prohibited in MD because it's regulated firearms charges. I don't know if he is or not, just saying don't assume.
     
    lx1x

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Blackstar65 said:
    I don't think this related to HB281. I think this has to with what his criminal convictions are. He wasn't arrested for having prohibited weapons he was arrested for being a prohibited person. I think you guys may be defending a criminal.
    Click to expand...
    What came first..chicken or the egg.

    Per article.. He was charged on possession of regulated firearm by a prohibited person per MD code.

    Now.. If he is prohibited by the feds.. Sure.. Lock him up.
     
    adit

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,715
    DE
    Nothing in case search on him.

    It's a little hard to "hide" firearms in a Toyota Tundra.
     
    adit

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,715
    DE
    lx1x said:
    He's not MD resident.. Plus.. He was released.
    Click to expand...

    Understand that.

    Darren Paul Seik, 29, was taken into Maryland State Police custody and charged with possession of regulated firearms, a rifle and shotguns by a person prohibited, as well as related offenses.
    Click to expand...

    My thought was it was related to SB281.

    He wouldn't have been released if NCIC came back and said he was prohibited federally. There is nothing on him in MD, at least public.

    I wonder if he got his firearms back?
     
    lx1x

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    adit said:
    Understand that.



    My thought was it was related to SB281.

    He wouldn't have been released if NCIC came back and said he was prohibited federally. There is nothing on him in MD, at least public.

    I wonder if he got his firearms back?
    Click to expand...
    Remember.. Msp can use other database not just md.
     
    D

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    adit said:
    I wonder if he got his firearms back?
    Click to expand...

    No. If he was charged with a crime, then the firearms are held as evidence, pending adjudication of the case. Though, seeing as how he's allegedly prohibited in MD, I don't see any way that he gets the firearms released back to him, by the MSP in Maryland. Unless we're talking about a juvenile offense that makes him prohibited until age 30.

    Edit: What I want to know is, if he is considered prohibited due to a juvenile offense, what lengths did MSP go to to find that out? It must be from a Maryland case, because they'd probably have to move mountains to get an out of state juvenile record. And during a traffic stop? Doesn't add up.
     
    M

    mdram

    Banned
    BANNED!!!
    Nov 2, 2011
    2,014
    Eastern Shore of Maryland
    daNattyFatty said:
    No. If he was charged with a crime, then the firearms are held as evidence, pending adjudication of the case. Though, seeing as how he's allegedly prohibited in MD, I don't see any way that he gets the firearms released back to him, by the MSP in Maryland.
    Click to expand...

    federal law trumps maryland if hes passing through via FOPA.
    he may be prohibited in md, but legal in nh and va
     
    D

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    mdram said:
    federal law trumps maryland if hes passing through via FOPA.
    he may be prohibited in md, but legal in nh and va
    Click to expand...

    Then he shall prepare for a lengthy civil process too, in order to get them back! I'm sure MD will surely see the light of the pre-empting federal law and return them too him in a timely fashion, should he be found not guilty because of FOPA. :mad54:
     
    Biggfoot44

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,309
    FOPA provides an affirmative defense, it doesn't prevent state charges from being filed.

    That said , it is a NJ, MA like attitude to harass people by bringing harrasment charges they know will eventually be aquited. Not the direction we were hoping to see from MSP.


    And of course, we await further details on the exact charges, and nature if any of alleged prohibitted status.
     
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