HQL denial

marvelouzone said:

So I got a denial letter today from MSP on hql for a common law misdemeanor from 15 years ago, crazy part is, it’s in the expungement process already granted/approved by judge, I even received letter of of compliance from state police, states attorney, and one more agency. None from cjis yet though

I didn’t think the charge would matter because it’s not a disqualifying offense. Facts are it was a Common law misdemeanor that doesn’t carry a minimum or maximum sentence. I was sentenced to 1 year with all but 6 days suspended. The reason for denial stated statue 5-133 which specifically says a common law offense where sentenced to 2 or more years is a disqualifier.

What would happen if I went into MSP office and tried to speak with them about the denial and show documentation of the expungement?

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mxrider said:

What state did this originally occur in?



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GTOGUNNER said:

Are you under 30 years old?

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danb said:

Consult attorney. Sounds like the expungement was not done correctly.

MSP cannot do anything about this. They can only go by whats in the system. Only a judge and attorney can get the process fixed.

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Chem said:

As others have said , contact an attorney and make sure it was sorted out correctly because it sounds to me like it wasnt. Hope everything works out for you in the end.

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eruby said:

Y

Perhaps an MDS meet-up at your strip club will be re-visited.

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eruby said:

You went from almost a shoo-in for a carry permit, to a denial for an HQL?

Hmmmmmmm

Perhaps an MDS meet-up at your strip club will be re-visited.

Good luck you sir.

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rseymorejr said:

FWIW the actual sentence isn't what they go by, it's the maximum potential sentence. I don't know if this applies in your case or not?

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sxs said:

Sucks man. I know people who WERE able to buy firearms for many years after pleading a one time assault offense in exchange for a PBJ. One individual at age 19 went to aid of a buddy who was in a fight to break it up, but was arrested. Because of no previous record and the expense of court fight, he was advised to accept a plea in exchange for a PBJ since that wouldn't affect anything in the future as long as he kept himself clean for a year. That didn't used to be a disqualifier. Fast forward 30+ years FSA of 2013, he applied for and received his HQL only to be denied when he actually went to purchase a handgun. Not only that, but MDSP told him he had to give up all his firearms! He transferred them to an FFL friend (he could consign later if he couldn't get an expungment). Someone at MDSP Licensing even suggested pursuing an expungment and admitted the issue was a 'Cluster-F'. Nine months and a couple thousand dollars later, he was able to retrieve his 18 firearms....all purchased legally and through dealers.

I am also aware of someone else seeking an expungement for a bad check written over 30 years ago by his wife (they were very young at the time). The story as I heard it was the wife bounced a check for 18 bucks. When contacted by the merchant, he was willing to make the $18 plus bounce fee good but the merchant wanted what he thought was an excessive fee for a bounced check as per the store policy and wouldn't accept the 18 plus bank fee as it was a 'partial payment'. Anyway, it went to court, his wife and him were co-defendants, and they were found both guilty. The court accepted court costs and the merchant received payment in full....$18, late fee and the mechants fee for a bounced check. No jail time, but I think a probation period. Anyway 30 or 40 years later, after receiving his HQL, he went to buy a handgun (he already had a number of them and long guns as well) and was denied. Police came and confiscated ALL his firearms! So now he is jumping through hoops seeking an expungment plus having to face the embarassment of a minor charge that amounted to almost nothing in the scheme of things.

So how is it these laws aren't somehow considered Ex Post Facto application of Maryland law?

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sxs said:

Sucks man. I know people who WERE able to buy firearms for many years after pleading a one time assault offense in exchange for a PBJ. One individual at age 19 went to aid of a buddy who was in a fight to break it up, but was arrested. Because of no previous record and the expense of court fight, he was advised to accept a plea in exchange for a PBJ since that wouldn't affect anything in the future as long as he kept himself clean for a year. That didn't used to be a disqualifier. Fast forward 30+ years FSA of 2013, he applied for and received his HQL only to be denied when he actually went to purchase a handgun. Not only that, but MDSP told him he had to give up all his firearms! He transferred them to an FFL friend (he could consign later if he couldn't get an expungment). Someone at MDSP Licensing even suggested pursuing an expungment and admitted the issue was a 'Cluster-F'. Nine months and a couple thousand dollars later, he was able to retrieve his 18 firearms....all purchased legally and through dealers.

I am also aware of someone else seeking an expungement for a bad check written over 30 years ago by his wife (they were very young at the time). The story as I heard it was the wife bounced a check for 18 bucks. When contacted by the merchant, he was willing to make the $18 plus bounce fee good but the merchant wanted what he thought was an excessive fee for a bounced check as per the store policy and wouldn't accept the 18 plus bank fee as it was a 'partial payment'. Anyway, it went to court, his wife and him were co-defendants, and they were found both guilty. The court accepted court costs and the merchant received payment in full....$18, late fee and the mechants fee for a bounced check. No jail time, but I think a probation period. Anyway 30 or 40 years later, after receiving his HQL, he went to buy a handgun (he already had a number of them and long guns as well) and was denied. Police came and confiscated ALL his firearms! So now he is jumping through hoops seeking an expungment plus having to face the embarassment of a minor charge that amounted to almost nothing in the scheme of things.

So how is it these laws aren't somehow considered Ex Post Facto application of Maryland law?

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