Handgun permit denied

tc617 · Jul 20, 2016

It looks like Jaybeez is correct...

The Petition for Expungement of Records CC-DC-CR-072 would cover a Second Degree Assault since it is not listed under §14–101 as a Crime of Violence, but only after you receive an unconditional pardon from the Governor.

§14–101.
(a) In this section, “crime of violence” means:
(1) abduction;
(2) arson in the first degree;
(3) kidnapping;
(4) manslaughter, except involuntary manslaughter;
(5) mayhem;
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code;
(7) murder;
(8) rape;
(9) robbery under § 3–402 or § 3–403 of this article;
(10) carjacking;
(11) armed carjacking;
(12) sexual offense in the first degree;
(13) sexual offense in the second degree;
(14) use of a handgun in the commission of a felony or other crime of violence;
(15) child abuse in the first degree under § 3–601 of this article;
(16) sexual abuse of a minor under § 3–602 of this article if:
(i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and
(ii) the offense involved:
1. vaginal intercourse, as defined in § 3–301 of this article;
2. a sexual act, as defined in § 3–301 of this article;
3. an act in which a part of the offender’s body penetrates, however slightly, into the victim’s genital opening or anus; or
4. the intentional touching, not through the clothing, of the victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, gratification, or abuse;
(17) an attempt to commit any of the crimes described in items (1) through (16) of this subsection;
(18) continuing course of conduct with a child under § 3–315 of this article;
(19) assault in the first degree;
(20) assault with intent to murder;
(21) assault with intent to rape;
(22) assault with intent to rob;
(23) assault with intent to commit a sexual offense in the first degree; and
(24) assault with intent to commit a sexual offense in the second degree.

cotman68 · Jul 20, 2016

Jaybeez said:
Case search. As posted above. PBJ will show up, expungements will not. But law enforcement can see expungements, but in most cases they must ignore them.

To the OP. If your friend was convicted, he is prohibited unless PARDONED. Sadly, he probably took a plea after the prosecutor told him a fine and a plea would make it "go away".

That's exactly what happened !

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cotman68 · Jul 20, 2016

Since he is not allowed to own a firearm. Is it ok to allow him to use my firearms in my presence at the gun range ?

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swinokur · Jul 20, 2016

IANAL but he he prohibited from possessing

mxrider · Jul 20, 2016

cotman68 said:
Since he is not allowed to own a firearm. Is it ok to allow him to use my firearms in my presence at the gun range ?

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Absolutely not!

cotman68 · Jul 20, 2016

Got it. Glad I asked Thanks

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travistheone · Jul 20, 2016

Make sure he doesnt go to the gun range. he will get a visit from MSP and charged with a crime.

ironpony · Jul 20, 2016

Even if expunged there is the question of have you ever been arrested before (CCW) so I am thinking he would have to explain the arrest. Yes/No arrest question that I have heard you may answer no if expunged, which made no sense to me.

swinokur · Jul 20, 2016

travistheone said:
Make sure he doesnt go to the gun range. he will get a visit from MSP and charged with a crime.

why? as long as he doesn't touch a firearm, he has broken no law.

swinokur · Jul 20, 2016

ironpony said:
Even if expunged there is the question of have you ever been arrested before (CCW) so I am thinking he would have to explain the arrest. Yes/No arrest question that I have heard you may answer no if expunged, which made no sense to me.

just because you've been arrested doesn't necessarily make him a prohibited person.

ironpony · Jul 20, 2016

swinokur said:
just because you've been arrested doesn't necessarily make him a prohibited person.

I didn't mean to infer he was prohibited because I was arrested, more that the subject would come up and MDP like to deny ... from what I hear.

swinokur · Jul 20, 2016

Well unless he was CONVICTED of a prohibiting crime, he can be arrested 10 times with no legal prohibitions. I do agree MSP would try to make it as difficult as possible, as if they could make it worse

ironpony · Jul 20, 2016

makes sense and yeeup.

Biggfoot44 · Jul 20, 2016

Nah, he could go to the range to shoot his muzzleloader.

protegeV · Jul 20, 2016

Wow, these are some f'd up laws.

swinokur · Jul 21, 2016

says the guy who escaped MD.

protegeV · Jul 21, 2016

swinokur said:
says the guy who escaped MD.

Yeah but I'd imagine you could end up being prohibited in a number of states for singular mistakes that happened umpteen years ago...

Jaybeez · Jul 21, 2016

swinokur said:
why? as long as he doesn't touch a firearm, he has broken no law.

Baltimore atf just busted a guy (gang leader) for posting instagram pictures from a gun range.

swinokur · Jul 21, 2016

was it because he was at a gun range or because of something else. attendance at a range is not possession IMO.

Jaybeez · Jul 21, 2016

ironpony said:
Even if expunged there is the question of have you ever been arrested before (CCW) so I am thinking he would have to explain the arrest. Yes/No arrest question that I have heard you may answer no if expunged, which made no sense to me.

swinokur said:
why? as long as he doesn't touch a firearm, he has broken no law.

You guys are talking about 2 seperate things. The op wrote handgun permit, but is actually talking about a HQL.

Non-convictions aren't really counted for hql apps, except pbj's for crimes of violence.

Handgun carry permits look at "propensity to violence", msp counts non convictions towards those. Multiple arrests without convictions can get you a denial.

Handgun permit denied

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