Recently denied a firearm purchase

GTOGUNNER · Sep 14, 2016

rob said:
Sorry fir going off topic....

I also noted in the quoted federal statute that Prohibited persons includes illegal users of Marijuana. I guess that makes all the pot smokers in the "legal" states, prohibited persons too, since it's still a federal crime.

Just a thought... I bet the dems fight to keep pot illegal at the federal level as a back door defacto gun ban.

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This is true, story elsewhere on the forum.

Doctor_M · Sep 14, 2016

Yep, weed use = no guns. I won't pretend that I'm saddened by that.

ToolAA · Sep 14, 2016

Shemp said:
A friend of mine just went through this. Swat officers showed up at his home. He had to turn over all his guns. Luckily they let him turn them over to a local FFL who held them for him. A couple months later after legal fees and aggravation his record was expunged. All guns returned.

A poker buddy had the same thing happen about 8 months ago. He had about 10 rifles and pistols purchased over 15 yrs from MD gun shops. Then in late 2015 he was denied a pistol purchase. The reason cited was related to a crime back in the 70's. He had broken the antenna off some neighbors car during an argument. Neighbor pressed charges and he pleaded to get it over-with.

No previous purchases over the previous 10ys had ever been denied or questioned. He explained that he served no time and simply had to pay restitution for the damages so he didn't realize that was considered a conviction.

Fast forward 2016 swat van shows up one day in his suburban neighborhood that he has lived in for 20ys enters his home heavily armed. He and his wife were forced to lay prone in the floor with guns pointed at them while they recovered all of his weapons.

Case is going through court now.

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Doctor_M · Sep 14, 2016

We are going to see more and more things like that. There is a dedicated effort in MD to get as many people as possible classified as prohibited. Soon it will be prescription meds... then thought crimes.

eruby · Sep 14, 2016

Doctor_M said:
We are going to see more and more things like that. There is a dedicated effort in MD to get as many people as possible classified as prohibited. Soon it will be prescription meds... then thought crimes.

I'll be doing a triple life stretch for those.

SkyWalker · Sep 14, 2016

I, to also have a 2nd degree assault charge, but was converted to a PBJ which is not a prohibitor, and have no problems

SkyWalker · Sep 14, 2016

See if you can get it converted to a PBJ ?

mvee · Sep 14, 2016

SkyWalker said:
I, to also have a 2nd degree assault charge, but was converted to a PBJ which is not a prohibitor, and have no problems

I believe PBJ counts as a conviction now

SkyWalker · Sep 14, 2016

mvee said:
I believe PBJ counts as a conviction now

Reference?

swinokur · Sep 14, 2016

PBJ is also not available if the crime has a mandatory minimum sentence.

IF you complete probation, it is not a conviction.

IANAL.

see below:

Not_an_outlaw · Sep 14, 2016

If you can't be trusted with a gun for a second degree assault, should you be entrusted with an airplane?

SkyWalker · Sep 14, 2016

Don't know about all that. I know I had a 2nd deg asst. Was converted to a PBJ by the judge after 1 year. And have a writing email from a supervisor at the MD FLD stating that a 2nd degree asst is not a prohibitor as long as it's a PBJ and you are not on supervised probation

mvee · Sep 14, 2016

SkyWalker said:
Reference?

I stand corrected. Pbj for 2nd degree assault is not prohibiting. Since the OP was convicted and completed the sentence, wouldn't he have to have his record expunged now?

http://mgaleg.maryland.gov/webmga/f...on=5-101&ext=html&session=2016RS&tab=subject5

swinokur · Sep 14, 2016

not possible.if he plead guilty, no matter how light the actual sentence IANAL.

see below

https://www.dpscs.state.md.us/publicservs/expung.shtml
.
.

SkyWalker · Sep 14, 2016

mvee said:
I stand corrected. Pbj for 2nd degree assault is not prohibiting. Since the OP was convicted and completed the sentence, wouldn't he have to have his record expunged now?

http://mgaleg.maryland.gov/webmga/f...on=5-101&ext=html&session=2016RS&tab=subject5

I'm not sure if that can even be expunged. He should have ask for a plea at the time.

newmuzzleloader · Sep 14, 2016

swinokur said:
not possible.if he plead guilty, no matter how light the actual sentence IANAL.

see below

https://www.dpscs.state.md.us/publicservs/expung.shtml
.
.

It looks like PBJ for DWI is not eligible for expungement. I wonder how long before some jackboot at .Gov starts using that as a reason to deny 2A rights.

swinokur · Sep 14, 2016

habitual drunkard
.

eruby · Sep 14, 2016

swinokur said:
habitual drunkard
.

New Years Eve (after midnight), St Patrick's Day, Cinco De Mayo.

NO guns for you!!!

Brooklyn · Sep 14, 2016

ToolAA said:
A poker buddy had the same thing happen about 8 months ago. He had about 10 rifles and pistols purchased over 15 yrs from MD gun shops. Then in late 2015 he was denied a pistol purchase. The reason cited was related to a crime back in the 70's. He had broken the antenna off some neighbors car during an argument. Neighbor pressed charges and he pleaded to get it over-with.

No previous purchases over the previous 10ys had ever been denied or questioned. He explained that he served no time and simply had to pay restitution for the damages so he didn't realize that was considered a conviction.

Fast forward 2016 swat van shows up one day in his suburban neighborhood that he has lived in for 20ys enters his home heavily armed. He and his wife were forced to lay prone in the floor with guns pointed at them while they recovered all of his weapons.

Case is going through court now.

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Baltimore county ?

Anyway they all get credit for a high risk entry ...that's the main thing..

ToolAA · Sep 14, 2016

Brooklyn said:
Baltimore county ?

Anyway they all get credit for a high risk entry ...that's the main thing..

AACO. He actually knew some if the county police guys who were there with MSP. So he explained they probably went a little easier on him for that reason.

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