2011 Disqualifying crime changes are being enforced retroactively

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  • Second Amendment

    Ultimate Member
    May 11, 2011
    8,665
    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.


    I don't think it's that. I guess no one knows if that's a disqualifying conviction. And I have to ask, why would your wife do that? That's a life runing thing she did.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    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,

    Was it actually §11–207. Child pornography you were convicted of? If so, that's now a felony, and that is why they state you are disqualified from ownership.
     

    gaueri

    Member
    Jul 25, 2013
    37
    baltimore,md
    also there is a new law of oct 2013 if you had a conviction or pbj that has an punishment of more than 2years jail time you can not get a hand gun today
     

    airsporter

    Active Member
    Apr 28, 2011
    388
    Western MD
    Sadly, the courts all too often allow "ex post facto" laws to stand. Classic form of tyranny. As I approach retirement, moving out of Md is looking better all the time.
     

    shaddydan

    ADHD chicken fighter
    Oct 22, 2010
    4,676
    Hydes
    That's a tough charge OP. I'm sorry to read your ex was so malicious. IANAL, so I can't offer any advice, just feel rough for you.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Or was it 11-208? That states that a person possessing pornography of a person under 16 is:

    guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years

    What was your year of charge/conviction, and what was the maximum penalty then?
     

    rwbow1969

    Get Wiffit
    Dec 10, 2011
    4,154
    Clearspring
    A violation classified as a misdemeanor in this state that carries a statutory penalty of more than two years if committed by an adult.

    Do you have an exact charge? As in look on your paperwork from court for CJIS 7-3550 which in this case is CDS and paraphernalia and carries a max. of 8 yrs. Not that that's what you were charged with, just an example. Look for the CJIS number and then you can find out what the max. sentence would be.

    I have a feeling your offense carried the possibility of over 2 years.

    I'm also not going to judge you for what you've stated. I don't know you and don't know the situation that was involved.

    I am also not a Lawyer. I just seem to be looking at a lot of these cases lately for some FFL's I know.
     

    Second Amendment

    Ultimate Member
    May 11, 2011
    8,665
    OK, I started this as a warning to the members, so let me end it with this:

    If you have had any convictions or spent time (20 days I think, including "drying out") in any mental hospital in your past, and plan to buy a legal new gun. Check with someone first who would know about this.
    Regards, 2dogs


    What does this have to do with your aforementioned conviction?
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    I appreciate you posting this. Not an easy thing to do as it sounds like it (literally) tore your world apart.

    Basically, this state sucks ballz, they will do ANYTHING to deter legal gun ownership.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    What can be expected to com of all this? each misdemeanor carries a max possible sentence of a $2500 fine and 3yrs in jail. Reading this thread has made me question the commisioners word on the matter...

    You on the other hand are screwed..... :tdown:
     
    I don't know what the law was about "handgun on person, handgun in vehicle" charges in 2004, and maybe he can keep his guns until he's convicted, and I hope he won't be. But the 3 year sentence is now both a state and fed. no firearms forever situation without a pardon, which the MD A.G. and MSP will fight tooth and nail.
     

    jsm7977

    Member
    Nov 2, 2013
    67
    i posted this on a new thread under MD 2A as to not hijack yours and added a tid bit. let me know what you think...
     

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,510
    Somewhere on the James River, VA
    Year of charge was 04. Year of conviction was 06. Charge was "possess child porn. under
    CR.11.208.(a)(1)(2)(3) CJIS 2 0242.
    BTW I am not on the sex offender list.

    As I understand it, they look at what the maximum sentence could be today, not what it was back in 2004 or whenever the alleged crime occurred. So the possibility exists that the maximum sentence has increased since then. Someone correct me if I'm wrong.
     
    Talk to a devorce lawer about what some people will do. He will have a carload of horror stories. You have no idea. How about a guy who filmed his wife being served her devorce paper- just to enjoy watching it again and again. That not a bad one compaired to others things people. My wife intent was to ruin me. As soon as she dropped off the computer to the police, she called my employer and told them the news. The thought of running into anyone I used to work with - I can't even discribe it.
     

    Second Amendment

    Ultimate Member
    May 11, 2011
    8,665
    Talk to a devorce lawer about what some people will do. He will have a carload of horror stories. You have no idea. How about a guy who filmed his wife being served her devorce paper- just to enjoy watching it again and again. That not a bad one compaired to others things people. My wife intent was to ruin me. As soon as she dropped off the computer to the police, she called my employer and told them the news. The thought of running into anyone I used to work with - I can't even discribe it.


    Didn't the police even consider that mabye she did it?
     

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