BIL was denied regulated purchase for Juvenile MH record

[PapiBarcelona]

In my opinion, and that is an opinion of a non legal matter, or legal advice, and Im not an attorney, I like Pizza with Cheese and Bacon only. This opinion doesn't establish a client to attorney relationship, because I am not an attorney.

 

[qajaq]

Talk to a lawyer...

Watch this video and learn....

http://www.youtube.com/watch?v=6wXkI4t7nuc

 

[Jason21237]

Lawyer up very quickly. Prepare for a State Police goon squad visit to the house. They will show up fairly soon.

 

[redeemed.man]

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

Regulated firearms transfers would most likely require a FFL if out of state. In state the transfer would have to be done according to MD law (7 day wait, paperwork w/ MSP, etc.). I am pretty sure transferring a regulated firearm out of state (transferring ownership to another) would require more than just drop off of the firearm to the other person.

 

[good guy 176]

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.

You won't find one in a million who would write that letter...not in light of the mass shootings that we've seen in the past few years. I do feel that there should be time limits for less serious mental issues and that one should not be banned for life.

 

[henn5849]

Regulated firearms transfers would most likely require a FFL if out of state. In state the transfer would have to be done according to MD law (7 day wait, paperwork w/ MSP, etc.). I am pretty sure transferring a regulated firearm out of state (transferring ownership to another) would require more than just drop off of the firearm to the other person.

Ok. I'll leave it at that. Thanks

 

[HVAC AK47]

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.

Dug a hole by pleading the 5th?
Your name wouldn't happen to be Jason would it?

 

[good guy 176]

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. Nest 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".

By Maryland law, firearms stored out of state must pass through an out of state FFL in order to be in compliance with that law. I can't quote the reference off the top of my head, but it was discussed on MD Shooters during the SB 281 hearings. MD has covered its bases and has the law in place to thwart us.

Edit: Some of us considered storing regulated firearms outside Maryland to avoid registration, which was eventually struck from SB 281, and that's when the outside FFL matter arose.

 

[marko]

"constructive possession" is a term in the old law.
Good to know to pass the stuff IN STATE, and not out of state.
What WOULD we do without mealy mouth politicians?

 

[amoebicmagician]

this is really crappy. Mayhap he can transfer the guns to someone else, a relative or something?

Can't confiscate guns he doesn't own any more. Better than having them destroyed.

I'm really sorry, guy. Hope things turn out okay for your BIL

 

[Seth]

If he transfers them out of state he can't bring them back once this is cleared up. He should loan them to a trusted third party and consult a reputable attorney with a background in firearms, criminal defense, and/or mental health issues.

 

[metalman3006]

By Maryland law, firearms stored out of state must pass through an out of state FFL in order to be in compliance with that law. I can't quote the reference off the top of my head, but it was discussed on MD Shooters during the SB 281 hearings. MD has covered its bases and has the law in place to thwart us.

I do not know for sure where they are.

 

[good guy 176]

this is really crappy. Mayhap he can transfer the guns to someone else, a relative or something?

Can't confiscate guns he doesn't own any more. Better than having them destroyed.

I'm really sorry, guy. Hope things turn out okay for your BIL

Transfer has to go through MSP and since he's flagged that won't happen.

 

[RoboRay]

He needs to transfer himself out of state immediately.

 

[fred2207]

By Maryland law, firearms stored out of state must pass through an out of state FFL in order to be in compliance with that law. I can't quote the reference off the top of my head, but it was discussed on MD Shooters during the SB 281 hearings. MD has covered its bases and has the law in place to thwart us.

You can't quote a reference because there is none. No one is restricted by MD or Federal law, when it comes to storing firearms in another state rather than the individual's state of residence. In particular, MD has no jurisdiction, once a firearm leaves this state for storage or any other reason...Now I could be wrong, but if so, provide a reference...If what you say is true, I'm in real trouble, as I have firearms stored in three different states, Kentucky, Illinois, and New Hampshire, not to mention MD.

 

[henn5849]

I really get sick in the stomach reading threads like this. This could happen to anyone...

 

[redeemed.man]

You can't quote a reference because there is none. No one is restricted by MD or Federal law, when it comes to storing firearms in another state rather than the individual's state of residence. In particular, MD has no jurisdiction, once a firearm leaves this state for storage or any other reason...Now I could be wrong, but if so, provide a reference...If what you say is true, I'm in real trouble, as I have firearms stored in three different states, Kentucky, Illinois, and New Hampshire, not to mention MD.

I think where things get tricky is if he is transferring ownership out of state of a regulated firearm.

 

[fred2207]

I think where things get tricky is if he is transferring ownership out of state of a regulated firearm.

Nothing tricky at all...As long as you do your transfer through an FFL located in the out of state location, the transfer is good to go and legal---been there done that.

 

[smokedog]

Get a lawyer the sooner the better.

 

[Squaregrouper]

Has the law related to juvenile records changed since SB281? If it did, I missed it.
Prior to SB281, juvenile records were disqualifying until age 30, at which time they became null and void for regulated firearms purchases. A crime/deliquency would disqualify someone between 21 and 29, but not 42. The OP mentioned his BIL was 42 years old.

IANAL, and didn't stay at a Holiday Inn Express last night.