BIL was denied regulated purchase for Juvenile MH record

[metalman3006]

One more update: He still has not gotten his official letter reinstating his rights (there was a problem with the paperwork the state has no idea what it is doing) but his dealer did just get a not disapproved on a pistol he bought at the same time as the lower.


Update: He went to his hearing today, supposedly the 1st one for the state, He had a letter from a shrink saying he was sane, had 2 character witnesses, and didn't take a lawyer. They found in his favor and reinstated his gun rights. He will be able to even get his AK back but I am not sure about the lower that stated this mess.




My BIL was denied a pre October 1st ar reciever that was PO'ed.

Here is the story.

Call my sister yesterday and in conversation she told me he was denied. I ask if he called the State Police because it is very bad to be denied. She said no and the FFL dealer said that an investigator would call him, this happened a week ago. I told her he better call in the morning.

He call's today and get a lady, she ask if he has ever been hospitalized, he says "no". She stops the conversation and tells him he will be getting a call from an officer.

He gets a call latter from the officer. Officer tells him they know about the hospital stay when he was 14 and that he needed to turn over his other regulated guns.

BIL tells him no and pleads the 5th. Conversation ends with officer stating they will be back in touch soon.

My BIL was hooked on drugs and did some things he should not of done while he was a juvenile. Judge sent him to Crownsville for a while, longer than 30 days, he is now 42.

He has bought an AK and a handgun with no problems in the past.

Does anyone know what is coming next, what law did he break, is this part of the new law?
Anyone know the name of a good lawyer?

All guns are removed from the home and are no longer even in this state.

 

[Gmercury2000]

While I can't give advice, that's all pretty f---ed up and I hope all works out for him!

 

[boatbod]

Time to consult a skilled lawyer rather than discuss it in an open forum.

 

[Engine4]

All guns are removed from the home and are no longer even in this state.

This is the most important thing he could've done at this point in time.

 

[good guy 176]

This is not going to end well. Expect MSP to confiscate the AK and handgun, even if they approved their purchase in the past. Moving the firearms out of state will only delay confiscation, and could lead to a felony charge. The more comprehensive background checks, seventeen data bases, appears to be working. Your BIL needs qualified legal help immediately. It sounds like MSP errored when they approved the AK and handgun purchases and now must determine how to rectify those mistakes.

 

[Half-cocked]

I hope there are no dogs living in the house.

 

[Dogmeat]

Time to consult a skilled lawyer rather than discuss it in an open forum.

+1,000,000!

 

[Mobile]

This is not going to end well. Expect MSP to confiscate the AK and handgun, even if they approved their purchase in the past. Moving the firearms out of state will only delay confiscation, and could lead to a felony charge. The more comprehensive background checks, seventeen data bases, appears to be working. Your BIL needs qualified legal help immediately.

If they're transferred to someone else's possession, isn't that the equivalent of surrendering them? It's not as if they're evidence of a crime, they're just items he can no longer possess.

 

[metalman3006]

Time to consult a skilled lawyer rather than discuss it in an open forum.

While I agree with you I have not said anything they do not already know, and I believe that what this state is doing needs to be brought to light.

 

[metalman3006]

This is not going to end well. Expect MSP to confiscate the AK and handgun, even if they approved their purchase in the past. Moving the firearms out of state will only delay confiscation, and could lead to a felony charge. The more comprehensive background checks, seventeen data bases, appears to be working. Your BIL needs qualified legal help immediately.

I only know what I have been told 2nd hand, I partially started this thread to hopefully get him to seek out the advice of a layer, I believe it has and he will try to contact one tomorrow.

 

[good guy 176]

If they're transferred to someone else's possession, isn't that the equivalent of surrendering them? It's not as if they're evidence of a crime, they're just items he can no longer possess.

It sounds as though the BIL still owns the firearms, and that he is attempting to avoid confiscation. That sounds like a chargeable offense to me. IANAL.

 

[metalman3006]

It sounds as though the BIL still owns the firearms, and that he is attempting to evade confiscation. That sounds like a chargeable offense to me. IANAL.

As stated that is his problem and I believe if push came to shove he will turn them over, I do believe it is best for everyone concerned that the guns are out of the home at this time.

The Officer did state that the guns only needed to be made "safe", that they were not necessarily confiscating them. Yeh, right.

 

[MadCat0911]

It sounds simple enough to me, can't he just get a Psychiatrist willing to risk his career and just write a letter saying your BIL is no longer needing any mental care and is mentally fit to own firearms?

I mean, the legislature this past go round made it sound so simple for anyone a case similar to his.

 

[redeemed.man]

This is a very sad example of an over reaching government. I too would advise contacting an attorney and NOT talking to MSP or ANY law enforcement agency without the advice and only in the presence of a good lawyer. Clearly his rights are being violated. Unless he provides the information to MSP or other agencies I think they will have a hard time determining when and how he transferred his firearms to someone/someplace else. Best not to give them that info. let the attorney get to the bottom of it. Just another reminder of why MD sucks and is in no way "the Free State".

 

[good guy 176]

I only know what I have been told 2nd hand, I partially started this thread to hopefully get him to seek out the advice of a layer, I believe it has and he will try to contact one tomorrow.

This site is monitored and sensitive, personal matters should not be disussed on any public forum. Your BIL is digging himself a major hole by pleading the 5th with the LEO today and by sending the regulated guns out of state. IANAL.

Edit: Add lying to the lady to the list.

 

[PapiBarcelona]

Who here likes Pizza? IANAL.

 

[metalman3006]

This site is monitored and sensitive, personal matters should not be disussed on any public forum. Your BIL is digging himself a major hole by pleading the 5th with the LEO today and by sending the regulated guns out of state. IANAL.

I know all too well that this sight and all others are monitored by our benevolent masters. I have pretty much said all I was going to.

 

[henn5849]

I dont understand how it can be a problem if he legally transfers firearms out of state.

 

[tsmith1499]

Had some tonight for dinner. IANAL

 

[redeemed.man]

In ANY event he needs a lawyer. He may have already committed acts considered to be criminal. He should not dig himself into a hole anymore than he already may have. Talk to no one except a lawyer. Very simple.