Yes. I have my HQL.
Are you guys speaking with knowledge? Or just your thoughts? Serious question.
I'll speak to a lawyer. Any referrals would be appreciated.
CCW with misdemeanors--probability?
- Thread starter Shogunade
- Start date
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Yes. I have my HQL.
Are you guys speaking with knowledge? Or just your thoughts? Serious question.
I'll speak to a lawyer. Any referrals would be appreciated.
- Nov 11, 2009
- 30,971
I like Ed Hershon, who does 2A stuff, but all the legal services threads have disappeared from the IP section. I dunno why.
*****Several people on this site, including in this thread are NRA instructors who teach CCW classes and are familiar with the interview process, the laws regarding G&S, and have guided people through the process in Maryland, up to and including getting people their CCW in Maryland as late as last week, for classes that ended a week before last Christmas. I am not aware of any classes at the moment due to class size restrictions and risks, etc.. associated with being in a live classroom situation for so many hours.
Many of the CCW instructors are either current or former law enforcement, and have a working knowledge of the laws with respect to obtaining a CCW. I am aware of some who do the actual interview, and they may or may not chime in.
Others may have more to say, but IME, given your self reported record, you are unlikely to get a CCW in Maryland. Perhaps speaking with an attorney familiar with this facet of the law may be helpful to you, but finding a class or program to get you there may be problematic at the moment.
Good luck to you.
Lots of money and a lawyer , maybe all the convictions were while drinking . You will be hard pressed to get a CCW , but lawyers know more about such things .
More than 2 years on a misdemeanor. It’s more than 1 year in a felony.
PowPow
Where's the beef?
Okay, so if something has a misdemeanor max sentence of 2 years, that would be equal to 2 years, not more than? 2 years and one day would be disqualifying, or do they use "more than" as "equal to"?
GrimReaper
Ultimate Member
I believe the max sentence for a misdemeanor has to be over 2 years for it to make you a prohibited person. If the charges didn't disqualify you from buying a firearm they won't prohibit you from getting a carry permit.
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Even if the charges aren't technically an issue, remember that the process is inherently subjective and designed to assume that nobody should have a permit. Everything about it is built around denial as the defacto outcome, including - and very importantly - the investigator's judgement about the applicant's sobriety, and everyday commitment to being level-headed, peaceful, and never rash in the face of provocation. There's the problem. And in the absence of the HPRB to at least conceivably approach with an "I'm a changed man" narrative, that's a very, very steep hill to climb.
ohen cepel
Ultimate Member
I would talk with a lawyer. If he/she says your odds are bad I would NOT try it as you will then have a denial on your record and if/when things change here or you go to get a permit in another state that denial will come up.
I have no issues and have permits in other states now but haven't gone in to lick the boots here as I don't want to risk it and then have to explain md's moronic denial the rest of my life once I escape here.
I have no issues and have permits in other states now but haven't gone in to lick the boots here as I don't want to risk it and then have to explain md's moronic denial the rest of my life once I escape here.
I think this is the pertinent question on 4473, Q.11, c:
Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year,
even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)
Instructions: blah, blah (this does
not include State misdemeanors punishable by imprisonment of two years or less);
Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year,
even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)
Instructions: blah, blah (this does
not include State misdemeanors punishable by imprisonment of two years or less);
Move to a less restrictive state.
There are thousands of law abiding citizens in Maryland that cannot get a CCW.
Almost impossible for someone with a record.
PowPow
Where's the beef?
So, a state misdemeanor with maximum prison time of 2 years and 1 day would be disqualifying on a 4473.
Kman
Blah, blah, blah
There wouldn't have been a great chance if you were clean as the preacher's sheets to start with.
travistheone
Usual Suspect
No, it's any crime that carries a penalty of 1 year or more. Maryland does not technically specify what is a misdemeanor and what is a felony, at least at the state level.
Any crime, regardless of what it is and how it is classified, that carries a possible sentence of 1 year and 1 day or more, makes you a prohibited person.
if you ever are convicted of any crime, punishable for a term of longer than 1 year, forget about it.
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PowPow
Where's the beef?
That's the way I was reading it.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
That's actually incorrect. See State law, MD Code Public Safety 5-101(g):
(g) “Disqualifying crime” means:
(1) a crime of violence;
(2) a violation classified as a felony in the State; or
(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.
Under federal law, 18 USC 922(g), conviction of any State or federal felony is disqualifying. Also under federal law 18 USC 921(a)(20), a misdemeanor conviction is not disqualifying if the State offense is "classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less."
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PowPow
Where's the beef?
I'm glad to be a law-abiding citizen (so far). Navigating these gun laws is a real exercise in literacy, research, logic, and sanity. If they keep passing gun laws, everyone will be prohibited. That is their goal.
Thanks. Much more eloquent than I could have put it.
If you look at MD Statute, the various punishments for law breaking does list if it is a felony or a misdemeanor. Of course you can have misdemeanors with 5 year prison sentences...
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