Go Back   Maryland Shooters > Gun Rights and Legislation > Maryland 2A Issues

Notices


Reply
 
Thread Tools Display Modes
Old January 11th, 2013, 03:55 PM #41
scottp999's Avatar
scottp999 scottp999 is offline
Member
 
Join Date: Feb 2008
Posts: 215
scottp999 scottp999 is offline
Member
scottp999's Avatar
 
Join Date: Feb 2008
Posts: 215
Quote:
Originally Posted by Crab Bait View Post
There is no question about arrest, BTW.
Right from the form I filled out in 2008, there is only a question: Are you under indictment for or are you presently charged with a crime punishable by imprisonment for a term exceeding one year, or are you a fugitive from justice? Are you wanted by law enforcement for the commission of a crime?

I believe that is question 8.
__________________
NRA, SAF, MSI, and JPFO Member
scottp999 is offline   Reply With Quote
Old January 11th, 2013, 03:56 PM #42
amoebicmagician's Avatar
amoebicmagician amoebicmagician is offline
Samopal Goblin
 
Join Date: Dec 2012
Location: Columbia, MD
Posts: 4,097
amoebicmagician amoebicmagician is offline
Samopal Goblin
amoebicmagician's Avatar
 
Join Date: Dec 2012
Location: Columbia, MD
Posts: 4,097
Quote:
Originally Posted by clandestine View Post
You are disqualified in MD for anything REGULATED till you get it expunged.
this is blatantly false. My brother was arrested because his girlfriend had a marijuana pipe on her and they both were arrested. Since the penalty was a fine, he pled guilty so as not to have to hire a lawyer for 2600 bucks, instead paying the 100 dollar fine and having done with it.

Turns out a guilty plea can NEVER be expunged, and he's had a hell of a time getting a job because of this, but he has more guns than I do, many of them bought after his so called conviction.
__________________
It was my privlege
amoebicmagician is offline   Reply With Quote
Old January 11th, 2013, 03:57 PM #43
clandestine's Avatar
clandestine clandestine is offline
AR15 Technical Instructor
 
Join Date: Oct 2008
Location: Glen Burnie, MD
Posts: 33,107
clandestine clandestine is offline
AR15 Technical Instructor
clandestine's Avatar
 
Join Date: Oct 2008
Location: Glen Burnie, MD
Posts: 33,107
Quote:
Originally Posted by SRD View Post
That's a 4473 not 77R.
And an old one too.
clandestine is offline   Reply With Quote
Old January 11th, 2013, 03:58 PM #44
amoebicmagician's Avatar
amoebicmagician amoebicmagician is offline
Samopal Goblin
 
Join Date: Dec 2012
Location: Columbia, MD
Posts: 4,097
amoebicmagician amoebicmagician is offline
Samopal Goblin
amoebicmagician's Avatar
 
Join Date: Dec 2012
Location: Columbia, MD
Posts: 4,097
oh and for the record, my brother is not a drug guy, that girl was trouble in a big way
__________________
It was my privlege
amoebicmagician is offline   Reply With Quote
Old January 11th, 2013, 04:00 PM #45
Rickman's Avatar
Rickman Rickman is offline
Senior Member
 
Join Date: Dec 2012
Location: Port Deposit, MD
Posts: 3,157
Rickman Rickman is offline
Senior Member
Rickman's Avatar
 
Join Date: Dec 2012
Location: Port Deposit, MD
Posts: 3,157
From a Google search, came off of a Law Office page. Hope it helps.

Is a PBJ a conviction?
Can a PBJ be a conviction? In Maryland, there are more dispositions than just “guilty” or “not guilty”. We also have “probation before judgment”, known as “PBJ”. Because it allows a defendant to resolve a case without a trial and without a conviction, many lawyers, particularly those interested in a “quick plea”, consider this disposition to be the grease that oils the wheels of the criminal justice system. The disposition of PBJ is created by a statute found in Section 6-220 of the Criminal Procedure Article of the Annotated Code of Maryland. This statute specifically states that “Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.” Lawyers routinely tell their clients who receive a PBJ that they can legally state that they have not been convicted of a crime.
__________________
God, Family and Country

Gen 1:1 "In the beginning GOD......"

MSG, US Army (Ret)

NRA Endowment Member
MSI Member
MSRPA Member
SAF Member
Utah Non-Res CFP
FL Non-Res CFL

A New Day Has Dawned - Things Look Far Better Already


"And.....Hillary is still not President and Merrick Garland is not a Justice".
Rickman is offline   Reply With Quote
Old January 11th, 2013, 04:06 PM #46
scottp999's Avatar
scottp999 scottp999 is offline
Member
 
Join Date: Feb 2008
Posts: 215
scottp999 scottp999 is offline
Member
scottp999's Avatar
 
Join Date: Feb 2008
Posts: 215
Questions about convictions and current charges or wanted by the police:

Question 2: Have you ever been convicted of a crime of violence.

Lots of stuff in parenthesis with examples

Question 3: Have you ever been convicted of any violation classified as a felony in this State; any misdemeanor in this state that carries a statutory penalty of more than 2 years; any violation classified as a common law offense where you received a term of imprisonment of more than 2 years; or any violation classified as a common law offense regardless of sentence imposed? (Examples of common law offenses included but are not limited to: assault, battery, resisting arrest, obstruction or hindering a police officer, and false imprisonment.)

Question 4: Have you ever been convicted in any court of a misdemeanor crime of domestic violence?

Lots of stuff in parenthesis giving examples and a reference to the ATF form 4473 definition.

Question 6: If you are less than 30 years of age at the time of completing this application, have you ever been adjudicated delinquent by a juvenile court for: a crime of violence; any violation classified as a felony in this State; or any violation classified as a misdemeanor in this State the carries a statutory penalty of more than 2 years.

Question 8: Are you under indictment for or are you presently charged with a crime punishable by imprisonment for a term exceeding one year, or are you a fugitive from justice? Are you wanted by law enforcement for the commission of a crime?

Of course, just typed these in for discussion purposes from a form I filled out in 2008 (MSP 77-R1 (01/07)), check the forms out personally and consult the MSP or an attorney.
__________________
NRA, SAF, MSI, and JPFO Member
scottp999 is offline   Reply With Quote
Old January 11th, 2013, 04:07 PM #47
madness3120 madness3120 is offline
Banned
 
Join Date: Apr 2012
Posts: 828
madness3120 madness3120 is offline
Banned
 
Join Date: Apr 2012
Posts: 828
Quote:
Originally Posted by lx1x View Post
thats an old form..
Oops, are there additonal questions on the newer forms
madness3120 is offline   Reply With Quote
Old January 11th, 2013, 04:09 PM #48
lx1x's Avatar
lx1x lx1x is offline
Peanut Gallery
 
Join Date: Apr 2009
Location: Calvert Co. Maryland
Posts: 25,097
lx1x lx1x is offline
Peanut Gallery
lx1x's Avatar
 
Join Date: Apr 2009
Location: Calvert Co. Maryland
Posts: 25,097
Quote:
Originally Posted by madness3120 View Post
Oops, are there additonal questions on the newer forms
the only give away.... top question about nationality.. and hispanic origin
__________________
"The greatest danger to American freedom is a government that ignores the Constitution."
Thomas Jefferson.
lx1x is offline   Reply With Quote
Old January 11th, 2013, 04:17 PM #49
BenL's Avatar
BenL BenL is offline
John Galt Speaking.
 
Join Date: Feb 2007
Location: Pelham, New Hampshire, Thank God
Posts: 9,314
BenL BenL is offline
John Galt Speaking.
BenL's Avatar
 
Join Date: Feb 2007
Location: Pelham, New Hampshire, Thank God
Posts: 9,314
Quote:
Originally Posted by Crab Bait View Post
There is no question about arrest, BTW.
I could have swore there was, down there with, "are you a habitual drunkard?" (Personally, my favorite question, right in front of, "are you a fugitive from justice?")
__________________
"Never attribute to malice that which is adequately explained by stupidity."

..........................................-Hanlon's Razor

"No one Is bound to obey an unconstitutional law and no courts are bound to enforce it."

..........................................-16 Am Jur 2d, Sec 177 late 2d, Sec 256
BenL is offline   Reply With Quote
Old January 11th, 2013, 04:21 PM #50
Crownroyal79 Crownroyal79 is offline
Member
 
Join Date: Dec 2012
Posts: 269
Crownroyal79 Crownroyal79 is offline
Member
 
Join Date: Dec 2012
Posts: 269
Quote:
Originally Posted by Rickman View Post
From a Google search, came off of a Law Office page. Hope it helps.

Is a PBJ a conviction?
Can a PBJ be a conviction? In Maryland, there are more dispositions than just “guilty” or “not guilty”. We also have “probation before judgment”, known as “PBJ”. Because it allows a defendant to resolve a case without a trial and without a conviction, many lawyers, particularly those interested in a “quick plea”, consider this disposition to be the grease that oils the wheels of the criminal justice system. The disposition of PBJ is created by a statute found in Section 6-220 of the Criminal Procedure Article of the Annotated Code of Maryland. This statute specifically states that “Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.” Lawyers routinely tell their clients who receive a PBJ that they can legally state that they have not been convicted of a crime.
This seems to sum up the OP question. I understand the FFL's position as if he is dissaproved, then the dealer is stuck with gun. Albeit that he could just charge a restocking fee.

Crownroyal79 is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > Maryland 2A Issues

Tags
disqualfied, msp, msp application


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 06:17 AM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
© 2017, Congregate Media, LP Privacy Policy Terms of Service