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  • xknucklezx

    Member
    May 18, 2012
    2
    Hello All,

    I was denied a firearm purchase by my local dealer after the NCIS check came back. I called the Maryland State Police Department to find out the reason behind my denial, and it turned out that the state of Maryland barred me from purchasing a firearm until I am at the age of 30, because of an Assault charge I caught back in high school. This incident was over 6 years ago and since then I have had no run in with the law besides of a couple of speeding tickets. I'm told that I can appeal this decision and have also heard that my chances of overturning that decision is slim. Has anyone dealt with a similar issue before? Would it be worth my effort to submit an appeal? Any comments/opinions are appreciated. Thanks
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,849
    Somewhere in MD
    I would suggest talking to an attorney (there are several members here that are attorneys familiar with both MD and firearms rules/regulations - one name that comes to mind would be Rusty Shackleford). They will know the options for dealing with your older case issues and how it would affect your 2A rights; it will, however, cost you some money.
     

    gmhowell

    Not Banned Yet
    Nov 28, 2011
    3,406
    Monkey County
    What was the disposition of the court? Guilty, not guilty, PBJ, etc? I know you can get some charges expunged which should help. Provide a little more info, might help those who know about these things. Also do a thread search. This comes up every so often.
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    unfortunatly they way Maryland laws are wrote you were rightfully denied the purchase of a regulated firearm. Not saying I agree with it, but they followed the law.


    Unless an attorney can get it overturned . expunged or pardoned there isn't much you can do.

    What you can do is use your circumstances to complain to your local delegates and testify at 2A hearings in the legislature about how unfair the law is and getting into a fight in High School shouldn't bar you from getting firearms. I would argue that when this law was put into place it wasn't common for cops to be called to high schools when students got into fights unless there were some other factors involved (weapons,drugs) but the times have changed and now students get arrested all the time for assault for pretty much any fight.

    Without knowing your situation, what I said may or may not be helpful to you. If it was more than a simple fight in high school between two people you might be better off just keeping your mouth shut about it.
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,177
    Talk to one of our member lawyer's - we (the general membership) don't need any more details on the specifics of your past charge.

    That's best left between you and a lawyer.
     

    Auckland

    Get On My Horse
    Apr 6, 2008
    1,540
    The Dena
    I would spend the time until you turn 30 buying unregulated guns and lots of ammo for the handgun calibers you want to own instead of paying a lawyer to possibly help you.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    It's based on the idea that people age of out of crime.

    I understand the theory behind it, and it's not a terrible idea. If Joe Gang Banger has a 5 page rap sheet by the time he's 18; he's probably not changing any time soon.

    It is unfortunate that people like the OP who make one bad decision get caught up in this as well.

    Actually with our messed up pro-bully school system, it's possible he was defending himself too...
     

    Brychan

    Ultimate Member
    Apr 24, 2009
    8,391
    Baltimore
    If you feel that your rights are being infringed, contact a lawyer you might get famous like Heller or Woolard. Of couse with the speed of the courts you maybe well past 30 by the time it is settled.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    If you feel that your rights are being infringed, contact a lawyer you might get famous like Heller or Woolard. Of couse with the speed of the courts you maybe well past 30 by the time it is settled.

    Maybe but I'm sure Heller and Woollard have spotless records :(
     

    JMangle

    Handsome Engineer
    May 11, 2008
    816
    Mississippi
    I would suggest talking to an attorney (there are several members here that are attorneys familiar with both MD and firearms rules/regulations - one name that comes to mind would be Rusty Shackleford). They will know the options for dealing with your older case issues and how it would affect your 2A rights; it will, however, cost you some money.



    Rusty Shackleford?
     

    Brychan

    Ultimate Member
    Apr 24, 2009
    8,391
    Baltimore
    Who knows they may have had a bout or two of fistacuffs in high school. It didn't use to be any big deal unless someone used a weapon or maimed someone. Back when I was in school (when rocks were still soft) I don't think you could have gotten a elementery priciple or teacher to call the police on a 7-9 year old or even a high school student unless it were very serious. They would have been embaressed to not have been able to take care of it in house. Now adays if a 6 year old throws a tantrum the police are called and the kid gets tazed.
     

    boatbod

    Ultimate Member
    Nov 30, 2007
    3,827
    Talbot Co
    I would spend the time until you turn 30 buying unregulated guns and lots of ammo for the handgun calibers you want to own instead of paying a lawyer to possibly help you.

    Don't think that's going to work if the OP failed the NICS check.
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,816
    I would spend the time until you turn 30 buying unregulated guns and lots of ammo for the handgun calibers you want to own instead of paying a lawyer to possibly help you.
    Isn't it technically illegal to purchase ammo if you're a prohibited person?
     

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