can prohibited persons inherit regulated firearms?

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  • BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,172
    I think the law states that it IS illegal to knowingly give or sell a firearm to such person. To make it worse would to be out somewhere with this gun and get a "routine" check for licenses or a traffic stop only to find to be in possession of an illegal firearm. Jail time gets higher, especially if it is a handgun. JM2cents

    Quoted for truth, have a friend that is facing Federal charges for just that reason, felon in possesion, he thought he was ok, turns out he wasn't. :lol2:


    (I laugh cause the guy always did kinda annoy me.) - I know, I sound like a dick saying that - but I'm ok with that.
     

    dajudge

    Member
    Feb 22, 2011
    79
    western md.
    Just more food for thought. What if your buddie does get hold of a firearm and you are with him when he gets caught. Are you going to be in some kind of violation too? He may convince someone that you knew all along that he wasn't supposed to have one. I'm not trying to beat a dead horse, just trying to see what path might be laying ahead.
     

    MDMOUNTAINEER

    Glock, AR, Savage Junkie
    Mar 4, 2009
    5,739
    West Virginia
    Just more food for thought. What if your buddie does get hold of a firearm and you are with him when he gets caught. Are you going to be in some kind of violation too? He may convince someone that you knew all along that he wasn't supposed to have one. I'm not trying to beat a dead horse, just trying to see what path might be laying ahead.

    Yes, you could get into trouble. You've provided a prohibited person with a firearm. He can't have 'em and you can't allow him to "hold" yours knowing that he is prohibited.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,358
    Harford County
    Just more food for thought. What if your buddie does get hold of a firearm and you are with him when he gets caught. Are you going to be in some kind of violation too? He may convince someone that you knew all along that he wasn't supposed to have one. I'm not trying to beat a dead horse, just trying to see what path might be laying ahead.

    I guess the easy answer to that is to be more careful who you associate with.:innocent0
    In my experience it is not a good thing to be around someone, who is breaking the law, when they get caught.
     

    gsrcrxsi

    Active Member
    Jan 15, 2012
    176
    Baltimore, MD
    let me see if i have this straight. ill use hypotheticals to make this easier.

    person 1: convicted of misdemeanor carrying maximum sentence LESS than 1 year
    prohibited from possessing regulated firearms IN MD ONLY
    may be able to possess "regulated" firearms if person moves to another state (and becomes a resident of that state) allowing it
    not prohibited from possessing "un-regulated" firearms such as long rifles, HBAR AR-15s, and shotguns.

    person 2: convicted of felony or misdemeanor carrying maximum sentence GREATER than one year
    prohibited from possessing ANY firearm, in ANY state. (unless pardoned) since the restriction is on the federal level.
     

    tech24

    HP rifle shooter
    Dec 15, 2011
    895
    Frederick, MD
    person 1: is maximum sentence of NO less than 1 year

    person 2 can have a misdemeanor as long as max sentence is not 2 or more years for non-regulated in MD (I believe)
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    person 2: convicted of felony or misdemeanor carrying maximum sentence GREATER than one year


    I don't believe the second part of that is true about the misdemeanor. The only misdemeanor that would federally ban is domestic violence.

    EDIT: just went and looked up the law because i was curious, we were both right, misdemeanors and felonies that are punishable by more than 1 year in prison are prohibited federally from owning/possessing ANY firearms. Domestic violence convictions of any type no matter punishment also prohibit ownership/possession.
     

    gsrcrxsi

    Active Member
    Jan 15, 2012
    176
    Baltimore, MD
    person 2 can have a misdemeanor as long as max sentence is not 2 or more years for non-regulated in MD (I believe)

    I don't believe the second part of that is true about the misdemeanor. The only misdemeanor that would federally ban is domestic violence.

    this is where im getting confused. the ATF website linked earlier does not distinguish between felony and misdemeanor

    Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who —

    Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year

    if you are banned federally from possessing ANY gun with a conviction of a crime carrying sentence of greater than 1yr, how is it ok to do so in MD if you fall between that 1-2yrs ?
     

    Jester1341

    Pro Judge
    Apr 22, 2010
    661
    Clear Spring, MD
    without knowing this prohibited person, it kind of sounds ike he plans to aquire one anyway, i would plan on not being around his residence in that case.

    john
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,777
    whats the difference? are there no crimes carrying max sentence less than a year? no less implies it has to be at least a year. that would make the dividing line 1 yr and >1yr.

    Yeah I think you can have things like 90 day sentences.

    Simply put; prohibited persons cannot touch regulated weapons. If they are caught with them, it's a felony and they will loose their rights for live.
     

    tech24

    HP rifle shooter
    Dec 15, 2011
    895
    Frederick, MD
    whats the difference? are there no crimes carrying max sentence less than a year? no less implies it has to be at least a year. that would make the dividing line 1 yr and >1yr.

    a lot of people do dumb stuff when they are young and get small convictions. So they put the limit as a conviction with a possible sentence of at least 1 year. If this wasn't the case I wouldn't have any regulated firearms and the worst part is I got charged for what my passanger did I wasn't even involved.
     

    straightsilver3

    Banned
    BANNED!!!
    Mar 2, 2011
    973
    everywhere
    a lot of people do dumb stuff when they are young and get small convictions. So they put the limit as a conviction with a possible sentence of at least 1 year. If this wasn't the case I wouldn't have any regulated firearms and the worst part is I got charged for what my passanger did I wasn't even involved.
    EXACTLY It's a B.S. law It was just felonies now misdemeanors because The Fed and states can not take away the 2nd amendment They found another way to strip away our rights. Most misdemeanors max sentence can be more than 1 yr Like you stated When your young and dumb or with the wrong person s%^$ happens and you pay the price I thought The rights of the people SHALL NOT BE INFRINGED. All the Boy Scouts are O.K. with this I'm not.A felony crime is one thing A misdemeanor, come on I get in a bar fight because some jerk gropes my wife and that a D.V. charge That's a little over the top Why isn't any gun group trying to change this
     

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