Do I have a Felony or Misdemeanor on my record?

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  • fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I'm to lazy to look it up. What is the charge?

    §4–203.
    (a) (1) Except as provided in subsection (b) of this section, a person may not:
    (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
    (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.


    Essentially, he had a handgun on him when he wasn't supposed to or he was transporting one and it was not for one of the allowed transport purposes.
     

    CR4203

    Member
    Dec 2, 2013
    2
    Much appreciation to all of the members who responded. I also laughed about the Rooster Sex, but I assure you that was not my offense (after all, it's only a crime if you get caught;) Yes, I will see a lawyer. In the meantime I couldn't help but to research on my own and I came up with is

    "176-1 Handguns—In General Handgun—unlawful wearing, carrying, etc., 1st weapon offense, generally 1-5212 1-0175 CR, §4- 203(c)(2)(i) Misd. 3Y 30D Person VII $250- $2,500"

    So apparently it's a misdemeanor but then I read this on another site regarding Maryland laws, felony vs. misdemeanor:

    "Strictly speaking, Maryland statues don’t use the terms misdemeanor and felony. However, in general use, felonies are always regarded as more serious charges than misdemeanors...In the broadest sense, so-called felony charges in Maryland include violent and very serious offenses, including murder, first degree assault and sexual assault, weapons charges, robbery, and selling drugs."

    I have nothing on my record before or since (this was 10 years ago) I didn't serve any jail time. I guess everything is set up so there are no definitive answers available to the public. Time to go break the piggy-bank and see if I can scrounge up the change for what should be a simple yes or no answer.
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,177
    Disqualifying misdemeanor, max sentence is beyond 2 years. Even if you didn't serve time, your still disqualified, state and federally. Hate to be the bearer of bad news.
     

    Mooseman

    R.I.P.- Hooligan #4
    Jan 3, 2012
    18,048
    Western Maryland
    §4–203.
    (a) (1) Except as provided in subsection (b) of this section, a person may not:
    (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
    (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.


    Essentially, he had a handgun on him when he wasn't supposed to or he was transporting one and it was not for one of the allowed transport purposes.
    Thank you.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Disqualifying misdemeanor, max sentence is beyond 2 years. Even if you didn't serve time, your still disqualified, state and federally. Hate to be the bearer of bad news.

    That's correct. The only thing that matters is the conviction, not the actual sentence, as conviction is "punishable" by a prison time in excess of two years. See 18 usc 921(a)(20):

    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include--


    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or


    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.


    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.


    18 U.S.C 922(g):

    (g) It shall be unlawful for any person--
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    * * * *
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

    "Receive" under 922(g) means the merest possession, no matter how temporary.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Disqualifying misdemeanor, max sentence is beyond 2 years. Even if you didn't serve time, your still disqualified, state and federally. Hate to be the bearer of bad news.

    Sooner or later this will be challenged post heller...

    Esp if a plea deal is involved... . Talk to an Atty. Anyway...

    I still think Saf may be platiff shopping.. I heard a whisper at the GRPC.
     

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