Firearms Confiscated Near Sharpsburg - Part II

[Not_an_outlaw]

I looked at the outcome of this action against the Sharpburg resident (Terry P) that was searched for having guns with a felony conviction. This was the massive police activity with a citizen complaint about his stability - or some such thing.

I hadn't seen a followup. I looked at the caselaw. It looks like there was a guilty plea on 5/23/13 for charge #8 "CJIS Code: 1 0692, Statute Code: CR.5.622 - Possession of firearms."

All remaiing charges were Nolle Prosequi. That was 13 other charges.

Does anyone have a summary of the outcome or that can explain what level of "illegal possiession of firearms" was actually plead?

 

[Not_an_outlaw]

Error - Also guilty as to charge 1 1CJIS Code: 1 1610Statute Code: PS.5.206

 

[fabsroman]

MD Code Crim. Law. 5-622 Firearm crimes (Maryland Code (2013 Edition))

(a) "Firearm" defined. -- In this section, "firearm" includes:

(1) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article;

(2) a machine gun, as defined in § 4-401 of this article; and

(3) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

(b) Prohibited. -- A person may not possess, own, carry, or transport a firearm if that person has been convicted of:

(1) a felony under this title;

(2) a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State;

(3) conspiracy to commit a crime referred to in paragraphs (1) and (2) of this subsection; or

(4) an attempt to commit a crime referred to in paragraphs (1) and (2) of this subsection.

(c) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both.

The above is from the drug crime section of the code, so it appears he had been previously convicted of a felony drug charge.

MD Code Pub. Safety. 5-206 Possession of rifle or shotgun prohibited (Maryland Code (2013 Edition))

(a) In general. -- A person may not possess a rifle or shotgun if the person was previously convicted of:

(1) a crime of violence;

(2) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article; or

(3) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (1) or (2) of this subsection if committed in this State.

(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.

(c) Violation is separate crime. -- Each violation of this subsection is a separate crime.

 

[Not_an_outlaw]

It's going to be interesting when, for example, the drug he was charged to have illegally possessed becomes legal. Maybe a pardon may be appropriate. I believe his possession and crime where from 20 years ago.

 

[Vile Shadow]

I doubt if that would make any difference. He'd still be a felon.

I have an uncle who's a felon under the Mann Act, for something he did nearly 50 years ago.

 

[fabsroman]

I doubt if that would make any difference. He'd still be a felon.

I have an uncle who's a felon under the Mann Act, for something he did nearly 50 years ago.

Yep, not the easiest thing to do to get a pardon.

Plus, if you broke the law when something was illegal, it tends to mean you have a propensity to break the law, especially when the law that was broken was a significant one. Quite a difference between a misdemeanor and a felony too.

 

[Shutterbug]

Well...considering Maryland is now letting out murderers because of improper jury instructions, it would be a crime not to get rid of a "little" drug charge for this guy.

 

[doug38s]

basically terry ended up with unsupervised probation for 12 months if I recall right. The state is just praying that this all goes away.

I was there when it happened and have known Terry for about 10 years. Terry Porter is one of the few people I will trust my kids lives with and is a good man, good father and in my eye's did nothing wrong. IIRC the guns in question were not even his.

There were so many things the state did unjustly you can even begin to write them all down in one sitting.