2011 Disqualifying crime changes are being enforced retroactively

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  • I think I’m writing this as a warning. If everyone else knows this I apologize for taking up so much space.

    Here’s the background story. In the process of a 2004 divorce from hell, I was convicted of a nonviolent misdemeanor that carried a maximum sentence of one year in jail, but it was still legal for me to own firearms, the “Conviction carrying a maximum of less than one year sentence” being the limit for gun ownership.
    About 3 month ago, I bought a pistol from a private seller, and did the transfer at a MSP barracks

    Last week I got a call from a MSP C.I,. saying my permit had been denied and he was sending an officer to my house to pick up the gun. There were also questions asking about if I owned any other guns. That question included the implied threat that I had committed perjury on my gun application. Totally confused and sure this was a mistake I asked for 24 hours to find out what the error was and correct it. A very quick no was the answer, so I turned in my pistol to a MSP officer who showed up at my house an hour later.
    Here’s what I found. In 2010 Maryland passed laws which made a more misdemeanors justification for MSP to deny applications for gun ownership, or to own firearms at all. The kicker is that the law is being applied retroactively to all sgun owners who were convicted years before the new law was passed. The retroactive law was challenged in court (MSP v McLearn, 197 MD. APP 403) and upheld.. The Maryland supreme court refused to hear the appeal and as I understand it, the appeal was never moved up to a federal appeals court.
    This effects thousands of Maryland gun owners (including police officers) who have made small mistakes in their past. I’ve never heard a thing about it in the news. Maybe it’s because I’m not a member of the NRA - for political reasons. Not joining is even more justified since they have supplied the NSA hackers, and any other government agency, with the names and addresses of every member/ gun owner in the country.
    My only options are to ask the judge who sentenced me to retroactively change my sentence to PBJ, and I’m not sure about that one, or get a pardon from the governor (for a misdemeanor?). The odds on either of those things happening are just about zero.
    Unless anyone knows a better way to deal with this, I’m continuing to shop around for reproduction cap & ball revolvers, and black powder rifles, the only type firearms I’m still able to own.
     

    wvuguy88

    Active Member
    Sep 11, 2013
    108
    garrett
    Same things happened to my BIL about 2 weeks ago with a new XD he purchased before the OCT 1 deadline with a larger cap mag. About 2 weeks after he got the gun he got the same call. His was from something that happened when he was 17 and he is 26 now.
     

    jsm7977

    Member
    Nov 2, 2013
    67
    this is ********. are you SURE about this? i thought i read ON THIS FORUM where someone posted the new gun laws that a non violent misdemeanor with a stautory sentence under 2 years wasnt grounds to not own a gun...
     

    blindnoodle

    Livin' the dream!
    Apr 21, 2009
    1,416
    it dosent matter.

    Actually it does.

    It matters a lot.

    Misdemeanor driving offense and misdemeanor DV are two different ball games.

    Since you link it to a divorce case in your narrative, I point you to form 4473 question 11i. http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
    Have you ever been convicted in any court of a misdemeanor crime of domestic violence?

    So like I said, the charge makes a world of difference.

    You want help with your situation? Tell us what your situation IS.
     

    rrrrrrkevin

    Its comin right for me!
    Jul 18, 2008
    2,603
    North Beach
    Would this effect someone who was arresting for racing in 2004 and has bought a ton of handguns since, and even NFA stuff?

    ....Not that this is anybody I know, just curious. :innocent0
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    it dosent matter.

    Yes, it does.

    Was it any of the following?
    Convicted of disqualifying crime(b-1)(1) “Convicted of a disqualifying crime” includes:(i) a case in which a person received probation before judgment for a crime of violence; and(ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6-233 of the Criminal Procedure Article.(2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:(i) for assault in the second degree; or(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

    Crime of violence(c) “Crime of violence” means:(1) abduction;(2) arson in the first degree;(3) assault in the first or second degree;(4) burglary in the first, second, or third degree;(5) carjacking and armed carjacking;(6) escape in the first degree;(7) kidnapping;(8) voluntary manslaughter;(9) maiming as previously proscribed under former Article 27, § 386 of the Code;(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;(11) murder in the first or second degree;(12) rape in the first or second degree;(13) robbery;(14) robbery with a dangerous weapon;(15) sexual offense in the first, second, or third degree;(16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or(17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

    MD PUBLIC SAFETY § 5-101
     
    OK Beleive it or not.

    Wife put some nasty child porn on my work notebook computer and took it to the police. She owned a computer repair co and got the shit off of some of her customers computers. Besides doing 6 months in BCDC, It cost me my $90k a year job-lost my TS clearance. lost my house, lost everything I value. My daughter turns 18 next month. I haven'y seen her in 3 years. She was 12 when this happened. I'm now refured to as "the perv". That is the worst of all.
    IM not looking for any boo-hoos here. You asked, thats the answer,
     

    blindnoodle

    Livin' the dream!
    Apr 21, 2009
    1,416
    OK Beleive it or not.

    Wife put some nasty child porn on my work notebook computer and took it to the police. She owned a computer repair co and got the shit off of some of her customers computers. Besides doing 6 months in BCDC, It cost me my $90k a year job-lost my TS clearance. lost my house, lost everything I value. My daughter turns 18 next month. I haven'y seen her in 3 years. She was 12 when this happened. I'm now refured to as "the perv". That is the worst of all.
    IM not looking for any boo-hoos here. You asked, thats the answer,

    I'd contact Rusty Shackelford here on the board. http://www.mdshooters.com/forumdisplay.php?f=190
     
    It got real quiet here once I stated the charge. It brings up a lot of angry emotions in most people, including me. I get that a lot.
    It was no good being in jail (first time at age 55) with that charge on me. Learned a couple of new ways to fight. A bic pen and knowing to stand in your cell's doorway keeps it one on one most times.
     

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