Gun friendly lawyer on the shore?

[murphyw]

I am wondering if anyone knows of a gun friendly lawyer on the eastern shore.
YOU NEVER KNOW WHEN YOU MAY NEED ONE. I would like to have their number in my pocket just in case. Thanks

 

[Overboost44]

I don't have experience with this guy, but he posted this on a local forum. You could give their office a call or see if anyone else has experience with them.
http://www.davidhalllaw.com/ M Donohue made the following post:

Most people know that a felony conviction disqualifies you from owning a firearm. Many people are not aware that a misdemeanor conviction can disqualify you as well. Even fewer people know that an out-of-state misdemeanor conviction can serve as a disqualifying crime.

In Maryland, in order to possess any firearm, regulated or non-regulated (“antique firearms” excluded) a person cannot have been convicted of a “disqualifying crime.” Maryland Code, Public Safety § 5-101 defines a disqualifying crime as “a misdemeanor in the State that carries a statutory penalty of more than two years.” Despite the wording, Maryland Courts have held that this includes out-of-state offenses. See McCloud v. Dep’t of State Police, 426 Md. 473, (Md., 2012). However, it is the sentence for the “comparable” Maryland crime that matters, not the out-of-state sentence. (As interpreted by the Court, the sentence would read "a misdemeanor that carries a statutory penalty of more than two years in this State.")

As an example, let’s use a relatively minor, non-marijuana Controlled Dangerous Substance offense committed in Pennsylvania. While the CDS offense in PA only carries a maximum sentence of 1 year, in Maryland, the “equivalent” offense carries a maximum penalty of 4 years. Therefore, the 4-year maximum sentence in Maryland makes this a "disqualifying crime." Because of the extensive application process and background investigation required to purchase a regulated firearm, an applicant will be informed of their prohibition.

However, Maryland allows the private transfer of non-regulated firearms. In a case where a person purchased their non-regulated firearm from another person, and not from a retail store, they may be prohibited from owning such a firearm and not even know it. Owning a non-regulated firearm in violation of this prohibition is a misdemeanor that carries a 3-year maximum sentence and/or a $1,000 fine. The state does not have to prove that you violated this prohibition knowingly in order to find you guilty.

To compound the problem, it is not always clear what the nature of the out-of-state offense was. In Maryland, a CDS offense is labeled either “Marijuana” or “Non-Marijuana.” A marijuana offense is not a “disqualifying crime,” but a non-marijuana offense is. However, many other states do not make this marijuana/non-marijuana distinction. Let’s go back to the Pennsylvania example. There, it doesn’t matter what drug was involved, since the penalty would be the same for any CDS, but here in Maryland, it does.

A Maryland State Trooper has to look at the out-of-state conviction, and make the decision as to which “equivalent” Maryland offense applies. As an attorney, I am skeptical about a State Trooper making a legal decision that should really be made by an attorney or a judge, but that issue aside, the simple fact is that the Troopers do not always have all of the relevant information at hand. They may not even request the case file from the out-of-state jurisdictions to verify the nature of the original conviction. Without all of the relevant information, they may incorrectly decide that an offenses is a “disqualifying crime” when it should not be.This means that Maryland is exposing otherwise law-abiding firearm owners to a misdemeanor with a 3-year maximum sentence and a $1,000 fine based on an administrative oversight by State employees. Even worse, the firearm owner has almost no way to find out about their "disqualified" status, other than attempting to purchase a firearm from a retailer. It is conceivable that the first time the firearm owner finds out about the problem is when an officer arrests them for possessing a firearm in violation of the statute.

Maryland’s gun laws are complicated and sometimes counter-intuitive. Don’t leave your rights in the hands of the Maryland State Police. If you have any question about your rights, it is best to seek the guidance of an attorney.

 

[Blacksmith101]

Our Office
8156 Main Street
Ellicott City, MD 21043

Ellicott City is not on the Eastern Shore!

 

[Yellowhand]

If you need a lawyer for anything other than traffic tickets, steer away from Denton; we have two worthless lawyers residing here that I know of...

 

[larr]

If you need a lawyer for anything other than traffic tickets, steer away from Denton; we have two worthless lawyers residing here that I know of...

LOL I wouldn't want them for traffic tickets either

 

[Overboost44]

Ellicott City is not on the Eastern Shore!

You are right. I said I had no experience with them. I just posted a question to them and will report back on their reply. They post topics and help to a local website, but I guess they are trying to cover everywhere.

 

[murphyw]

Thank you I will check into it.

 

[murphyw]

Thanks i will stear clear of denton.

 

[303_enfield]

J Harrison Phillips III
115-72nd St Ocean City,MD 21842
(410) 524-1944

NOT CHEAP but he is good.

 

[Chris]

If the local Attorney at Law can't help you try Stouffer Legal in Towson. She is a shooter and understands both Federal & State firearm laws. She can do trusts and her staff is ready to take on any problem. They even have a young man who has been in front of the "Wear Carry Permit" review board to address permit restrictions and "violations". "Stoufferlegal.com" Chris

 

[murphyw]

Thanks Chris they sound like the team i want.Very helpful