HEY LAWYERS

[mopar92]

Need some help. Last weekend I was volunteering with Lou and Shooters Discount. Several people approached me wondering if they where disqualified for prior crimes. I gave them the best advice I could. Consult a lawyer and get a legal opinion. And then get it expunged. But, is there a naughty list of crimes that automatically say "F off and don't ask any more about firearms"?

 

[fabsroman]

Need some help. Last weekend I was volunteering with Lou and Shooters Discount. Several people approached me wondering if they where disqualified for prior crimes. I gave them the best advice I could. Consult a lawyer and get a legal opinion. And then get it expunged. But, is there a naughty list of crimes that automatically say "F off and don't ask any more about firearms"?

This is the list of crimes of violence. Get convicted of one of these and kiss your 2nd Amendment Right goobye.

(c) “Crime of violence” means:
(1) abduction;
(2) arson in the first degree;
(3) assault in the first or second degree;
(4) burglary in the first, second, or third degree;
(5) carjacking and armed carjacking;
(6) escape in the first degree;
(7) kidnapping;
(8) voluntary manslaughter;
(9) maiming as previously proscribed under former Article 27, § 386 of
the Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of
the Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) an attempt to commit any of the crimes listed in items (1) through
(15) of this subsection; or
(17) assault with intent to commit any of the crimes listed in items (1)
through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

A PBJ for any of the above, except assault in the 2nd degree, will make them prohibited come October 1, 2013. Right now, having a PBJ does NOT make them prohibited.

Then, if they are found guilty of a crime that carries a sentence of more than 2 years, they are prohibited. Does not matter what sentence they received. Thing is, most people have absolutely no clue what the maximum sentence was that they could have received when they received a suspended sentence, 30 day sentence, etc.

This is a quick list of a bunch of the crimes that will prohibit a person from owning a firearm. It is NOT an exhaustive list.

End of the day, you should refer these people to an attorney to have an attorney advise them and research their record. Answering the questions incorrectly on the Form 77r is perjury at the minimum if they decide to prosecute over an incorrectly answered Form 77r.

 

[-Z/28-]

Always remember MR & MRS LAMB.

 

[mopar92]

This is a quick list of a bunch of the crimes that will prohibit a person from owning a firearm. It is NOT an exhaustive list.

End of the day, you should refer these people to an attorney to have an attorney advise them and research their record. Answering the questions incorrectly on the Form 77r is perjury at the minimum if they decide to prosecute over an incorrectly answered Form 77r.

Thank you.
And the second paragraph is exactly what I told them to do. I told them I'm just a gun shop employee and know nothing about legal stuff. So I directed them to a lawyer and to here to get a more concise and realistic answer.

 

[ShallNotInfringe]

I hear calling someone Barbara qualifies.

 

[fabsroman]

I hear calling someone Barbara qualifies.

I just read the other thread on vehicular manslaughter, saw the BARBARA reference, and have no idea whatsoever what the heck you guys are talking about. That thread was a complete mess.

 

[mopar92]

Fabrosman PM me and I'll let you in on the secret.

As for SNI, take it easy Barbara!

 

[6-Pack]

Always remember MR & MRS LAMB.

It has been a long time since I've seen that reference! Isn't it MR & MRS K LAMB though?

 

[KingGeorge]

What is this lamb and babara inside joke? Put me on

 

[daNattyFatty]

A PBJ for any of the above, except assault in the 2nd degree, will make them prohibited come October 1, 2013. Right now, having a PBJ does NOT make them prohibited.

Why is 2nd Degree Assault exempted? It carries a max of 10 years.

 

[l730dc]

Why is 2nd Degree Assault exempted? It carries a max of 10 years.

My buddy thought he could get a gun and he had a 2nd degree assault.. he got it in wv years ago.. atf came to his house and confiscated it..

 

[yellowsled]

This is the list of crimes of violence. Get convicted of one of these and kiss your 2nd Amendment Right goobye.

(c) “Crime of violence” means:
(1) abduction;
(2) arson in the first degree;
(3) assault in the first or second degree;
(4) burglary in the first, second, or third degree;
(5) carjacking and armed carjacking;
(6) escape in the first degree;
(7) kidnapping;
(8) voluntary manslaughter;
(9) maiming as previously proscribed under former Article 27, § 386 of
the Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of
the Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) an attempt to commit any of the crimes listed in items (1) through
(15) of this subsection; or
(17) assault with intent to commit any of the crimes listed in items (1)
through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

A PBJ for any of the above, except assault in the 2nd degree, will make them prohibited come October 1, 2013. Right now, having a PBJ does NOT make them prohibited.

Then, if they are found guilty of a crime that carries a sentence of more than 2 years, they are prohibited. Does not matter what sentence they received. Thing is, most people have absolutely no clue what the maximum sentence was that they could have received when they received a suspended sentence, 30 day sentence, etc.

This is a quick list of a bunch of the crimes that will prohibit a person from owning a firearm. It is NOT an exhaustive list.

End of the day, you should refer these people to an attorney to have an attorney advise them and research their record. Answering the questions incorrectly on the Form 77r is perjury at the minimum if they decide to prosecute over an incorrectly answered Form 77r.

Someone stayed in a Holiday Inn Express last night...

 

[rockstarr]

is 2nd degree assault pretty much getting into a bar fight?

 

[daNattyFatty]

is 2nd degree assault pretty much getting into a bar fight?

It can be as little as "unwarranted touching"

 

[fabsroman]

Why is 2nd Degree Assault exempted? It carries a max of 10 years.

I am guessing that 2nd degree assault is exempted because most people will get a PBJ for something as simple as a fist fight. Most LEO's charge both disorderly conduct when they charge somebody with 2nd degree assault because it gives the court and the Assistant State Attorney a lesser charge to plea the person out to. To me, it is insane for a person to become prohibited because they got into a fist fight. Heck, I would prefer fist fights over guns to settle disputes.

End of the day, a possible 10 year sentence for 2nd degree assault is insane. They should make it 2 years max.

Also, something to note is that a PBJ cannot be expunged if it is related to another crime that cannot be expunged. So, being found guilty on a disorderly conduct that occurred in the same instance of a 2nd degree assault, makes it impossible to expunge the 2nd degree assault.

 

[anderson76]

is 2nd degree assault pretty much getting into a bar fight?

A 2nd degree assault charge can run the gambit from something minor, light a light push or shove, to something major, like knocking someone out in a fight. In each case the maximum jail term is 10 years. Incidents falling on the minor end of the spectrum are generally resolved without a conviction. The state may drop it, drop it conditioned on doing community service & restitution, stet it, or allow the defendant to plead to something like disorderly conduct. Finally, the judge, would most likely grant a PBJ for minor incidences.

 

[Biggfoot44]

And the other double trick question is not just the maxium penalty where convicted , but the maximum penalty if the same offense had hypothetically taken place in Md.

So if you plead guilty to * conspiracy to pass gas * in say WV , where maximum penalty was 1day , but in Md the max penalty is 3yrs , then in Md you are a prohibited person. But not in WV or by Federal standards.

 

[fabsroman]

And the other double trick question is not just the maxium penalty where convicted , but the maximum penalty if the same offense had hypothetically taken place in Md.

So if you plead guilty to * conspiracy to pass gas * in say WV , where maximum penalty was 1day , but in Md the max penalty is 3yrs , then in Md you are a prohibited person. But not in WV or by Federal standards.

Yep. So, you can unknowingly kiss your MD 2nd Amendment Right goodbye while living in another state. Move to MD with your hunting shotgun, and be in violation of the law as soon as you cross into MD with said shotguns. This stuff really is mind boggling. Way too hard for the everyday Joe to keep up with all this stuff across state lines, etc. The Feds really should have exempted all other firearms law at the state and local levels, but the state probably would have been pissed.

 

[shaddydan]

It has been a long time since I've seen that reference! Isn't it MR & MRS K LAMB though?

Wow! Common law felonies....have we actually fixed the system when every felony law comes back to these?

 

[fabsroman]

Wow! Common law felonies....have we actually fixed the system when every felony law comes back to these?

Damn, I was wondering what the reference to Mr & Mrs Lamb was. Thanks for the "hint" and jogging my memory.