Civil Citation

[cameron8917]

Hey Guys!

I recently applied for my HQL and I'm currently taking a MD conceal carry class and plan to get the permit. I was wondering if anyone could give me any insight into if I'll run into trouble with my applications. In 2020, I received a civil citation for smoking marijuana in a public place. Yes, I know this is profoundly stupid. I haven't smoked marijuana in years. I paid the fine and thought nothing of it until recently with me wanting to exercise my right. I don't even have a speeding ticket other than this. Will I run into any problems with my applications because of this?

Appreciate any help! Thanks!

 

[Brychan]

Doubt it.

 

[Bullfrog]

Not a criminal conviction,
One citation 2 years ago isn't evidence of 'habitual use'...

I would also say no.

 

[DC-W]

MD Code, Public Safety, § 5-306

In general
(a) Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:
(1) is an adult;
(2)(i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or
(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);
(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
(4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;
(5) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that includes:
(i) 1. for an initial application, a minimum of 16 hours of instruction by a qualified handgun instructor; or
2. for a renewal application, 8 hours of instruction by a qualified handgun instructor;
(ii) classroom instruction on:
1. State firearm law;
2. home firearm safety; and
3. handgun mechanisms and operation; and
(iii) a firearms qualification component that demonstrates the applicant's proficiency and use of the firearm; and
(6) based on an investigation:
(i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and

Message - Maryland Code and Court Rules

govt.westlaw.com

 

[teratos]

Let us know what happens, Mr. Spicoli.

 

[Moonlighter]

Let us know what happens, Mr. Spicoli.

 

[welder516]

But did you inhale?

 

[Jimgoespewpew]

(Cameron points to his gun's receiver)
"A lot of people don't know this, but you can put your weed in there"

 

[jrumann59]

you didn't smoke it this way did you...

 

[Applehd]

MD Code, Public Safety, § 5-306

Message - Maryland Code and Court Rules

govt.westlaw.com

You may have an issue with (3)... let us know...

 

[Allen65]

You may have an issue with (3)... let us know...

The key wording in (3) is "convicted of a crime"
IIRC civil citation is not a criminal conviction.
https://www.rasmussen.edu/degrees/justice-studies/blog/civil-law-versus-criminal-law/

 

[Applehd]

Ok... IANAL... but wouldn't paying the fine be admitting guilt...? We are talking CDS here.

ETA... Remember, Md. Gen. Ass. likes "backdoor prohibiting"...
"Sure... we'll give you that MJ card... wait... what...? you want a gun...? Oh no... you can't have those now..."

 

[Allen65]

Ok... IANAL... but wouldn't paying the fine be admitting guilt...? We are talking CDS here.

ETA... Remember, Md. Gen. Ass. likes "backdoor prohibiting"...
"Sure... we'll give you that MJ card... wait... what...? you want a gun...? Oh no... you can't have those now..."

IIRC you're admitting civil liability, if even that. Not the same as a criminal conviction or admission of guilt to a criminal charge.

 

[Applehd]

As I do not have much, if any... I will defer to your legal knowledge...

 

[Solodolo]

Hey Guys!

I recently applied for my HQL and I'm currently taking a MD conceal carry class and plan to get the permit. I was wondering if anyone could give me any insight into if I'll run into trouble with my applications. In 2020, I received a civil citation for smoking marijuana in a public place. Yes, I know this is profoundly stupid. I haven't smoked marijuana in years. I paid the fine and thought nothing of it until recently with me wanting to exercise my right. I don't even have a speeding ticket other than this. Will I run into any problems with my applications because of this?

Appreciate any help! Thanks!

I had the same question bro. I got a ticket out Ocean City in 2017. I even called a MSP trooper and asked if this would be a problem. His response, “If it was not possession over 10 grams, it is not a criminal violation. Therefore, mark “NO” on all those questions.” My CCW should get approved either today or tomorrow so I can let you know for sure

 

[No.4buck]

Hey Guys!

I recently applied for my HQL and I'm currently taking a MD conceal carry class and plan to get the permit. I was wondering if anyone could give me any insight into if I'll run into trouble with my applications. In 2020, I received a civil citation for smoking marijuana in a public place. Yes, I know this is profoundly stupid. I haven't smoked marijuana in years. I paid the fine and thought nothing of it until recently with me wanting to exercise my right. I don't even have a speeding ticket other than this. Will I run into any problems with my applications because of this?

Appreciate any help! Thanks!

I received one of those back in 2017. I emailed MDSP back in July of this year about the citation before I submitted my HGP application. The response,

"Please understand we can not conduct background checks vis email. That being said, a civil citation is not a criminal offense. To be disqualified from a permit, it would need to be a criminal conviction for CDS."

Note, I did not ask for a background check to be conducted over email lol, I'm sure that is sort of an auto or reflex response since so many people probably do ask for that. Anyways, from this, I think you are good to go. If you were to get a 2nd citation and pay it (therefore essentially plead guilty), I believe that would make you a habitual user in the eyes of the law, and you'd have to wait five years? from the 2nd citation to apply.

Barring that you don't have a 2nd citation, and also no other convictions or run-ins with the law, I would answer "no" to all of the questions in the app about being arrested, or charged, or whatever, since again, you got a civil citation, WHICH IS NOT a crime, so you haven't been even charged with a crime off of that. This is simply my own advice however. Heed to it as you do.

Hope this helps.

 

[Inigoes]

Ok... IANAL... but wouldn't paying the fine be admitting guilt...? We are talking CDS here.

ETA... Remember, Md. Gen. Ass. likes "backdoor prohibiting"...
"Sure... we'll give you that MJ card... wait... what...? you want a gun...? Oh no... you can't have those now..."

It's been over a year, which is usually the cutoff for marijuana convictions/arrests as a prohibiting factor.

 

[welder516]

I am in the Weeds on this thread

 

[Huckleberry]

 

[Bullfrog]

I never heard that version on the radio.