HQL chances with misdemeanor -- pbj

RoadDawg · Feb 21, 2020

Virgil Co.C said:
Had a nolle prosequi when I got my hql. Was worried because it was some bs but key word , wasn’t convicted . No pbj involved but way it sounds you weren’t convicted of anything and having the nolle prosequi your case was dismissed / not prosecuted, tried. Think your fine . But there again I’m not a lawyer. Jmo.

Nolle Prosequi is simply a term meaning they chose not to prosecute your case. It’s like you were never charged. No verdict was chosen.

Not the same as a PBJ where the person plead guilty to the charge. And was then placed on probation without a judgement of penalty applied so long as they complete the requirements of the probation.

robmints · Feb 21, 2020

pleez said:
Yeah I entered in the tracking number from the finger print paper work I got. When I mean “mail” in the website it says something like “if your application has been denied, you will be emailed or mailed within 2-3 days a letter stating the denied app” or something like that.

Cool. If you are denied. It will say denied and then you can wait for the mail explaining why.

Park ranger · Feb 22, 2020

GrimReaper said:
A PBJ is not a conviction but receiving a PBJ for demostic violence or 2nd degree assault still makes you a prohibited person.

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Not sure that's true. Wasn't there a bill recently that was trying to make 2nd degree assault PBJ a prohibiting factor but didn't pass? I think one is still gtg with this.

roadking · Feb 22, 2020

My guess is, with the PBJ done successfully, you’ll be fine for the HQL. But if you want to buy a handgun, you’ll need to answer the questions on the 77R honestly. They specifically say to disclose PBJ’s. It may be wise to get the expungement before doing the 77R.

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danb · Feb 22, 2020

roadking said:
My guess is, with the PBJ done successfully, you’ll be fine for the HQL. But if you want to buy a handgun, you’ll need to answer the questions on the 77R honestly. They specifically say to disclose PBJ’s. It may be wise to get the expungement before doing the 77R.

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IIRC, certain ones.... not all.

roadking · Feb 22, 2020

danb said:
IIRC, certain ones.... not all.

True. Depends on the charge. The disqualifying charges for the 77R are pretty well spelled out in the questions and associated explanations. I don’t recall if they were similarly described in the HQL application.

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outrider58 · Feb 23, 2020

roadking said:
My guess is, with the PBJ done successfully, you’ll be fine for the HQL. But if you want to buy a handgun, you’ll need to answer the questions on the 77R honestly. They specifically say to disclose PBJ’s. It may be wise to get the expungement before doing the 77R.

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^^^This...or someone like me may become the benefactor of all your long guns you've acquired to date.

boatman5 · Feb 26, 2020

Best thing to do is have u r lawyer get u an exspongement off u r record as completed u r ppl.

lemmdus · Feb 26, 2020

I believe, non-violent, misdemeanor with max penalty less than 1 year, I think you will be fine. Unless you have a word like assault or something like that on your record you're fine.

ralph.mclean · Feb 26, 2020

Call the MSP licensing office. They are very helpful lately...

AmateurBuilder · Feb 26, 2020

You should be fine. I have a PBJ on a misdemeanor reckless endangerment, prior to receiving my HQL and purchasing pistols since.

DaemonAssassin · Feb 26, 2020

boatman5 said:
Best thing to do is have u r lawyer get u an exspongement off u r record as completed u r ppl.

Whut?

OLM-Medic · Feb 26, 2020

Just checked the 2nd amendment. Says you should be good to go.

thomfantomas · Feb 27, 2020

DaemonAssassin said:
Whut?

THier · Feb 27, 2020

willtill said:
So the Judge renders the verdict "Guilty" and then removes it? Like using an eraser? Due to the PBJ rendered thereafter as the solution to the charge?

Fabs? Where R U?

This is EXACTLY what the judge did to the stoner that threatened my life at gunpoint. After 2 years of probation. He changed "guilty" to PBJ.

pleez · Mar 6, 2020

Here's an update if anyone in the future has the same situation as me. Everyone on here who said as long as it's not a violent offense or anything was spot on in my opinion.

Here is what I was charged, the nolle charge wasn't looked at, PBJ for disorderly, and as of this morning my HQL went active

sxs · Mar 6, 2020

roadking said:
My guess is, with the PBJ done successfully, you’ll be fine for the HQL. But if you want to buy a handgun, you’ll need to answer the questions on the 77R honestly. They specifically say to disclose PBJ’s. It may be wise to get the expungement before doing the 77R.

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This!!! I am aware of at least 2 persons who actually received their HQLs then we're denied on the 77R. One brought his firearms to the shop when a State Trooper told him he was going to have to surrender them. And, FYI, they had given him his HQL! He wasn't denied until he tried to buy a new handgun. He had also purchased at least 20 firearms, 10 of them regulated in the intervening years. A few months and, presumably a few thousand dollars later, he was expunged and eligible to receive his firearms back. All from a 35+ yr old change for assault ( 18 yr olds fighting and he got in the middle - he was by time of denial in his 50s). He was told by his Attorney at the time of charges, that if he pled guilty, he would receive a PBJ with no long term effects on his record. That appeared to be true until the law changed in 2013. Anyway, in the end all was, as far as could be determined, well except his wallet was quite a bit lighter.

pleez · Mar 6, 2020

sxs said:
This!!! I am aware of at least 2 persons who actually received their HQLs then we're denied on the 77R.

My case, I was disorderly (too loud) in public area. No physical harm or violent act against anyone. You think my 77R will be denied?
From what I am reading and seeing on the forms, everyone who has been denied is for assault, second degree assault, some type of violent act etc.

Sundazes · Mar 6, 2020

As people have said, contact a 2A attorney before you buy anything requiring a 77R. The couple go hundred up front may save you thousands later...

pleez · Mar 6, 2020

CJIS code: 2-0050

Disturbing the Peace, Disorderly Conduct, and Related Crimes Disturbing the peace, disorderly conduct in public place
2-0050
CR, §10-201 - Misd. (Max term) 60 Days - Max fine $500

CR10-201 (c)(2) - (2) A person may not willfully act in a disorderly manner that disturbs the public peace.

Nothing violent, nothing that exceeds over 2 years, or even 1 year.

--

this is in reference to submitting my 77R now

HQL chances with misdemeanor -- pbj

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