misdemeanor wear/carry violation

[compmoto]

does this render me unable to buy guns in the "Free State" ?
I realize advice given is not actual legally written in stone...
I may have hired a better lawyer... he still says he can have the judges decision changed from "guilty" to "PBJ" ... under certain circumstances...
thank you

 

[Boom Boom]

Was maximum jail time more than one year? Your sentence doesn't necessarily matter.

 

[Name Taken]

Max. penalty is 3 years so I believe you would be prohibited.

 

[swinokur]

It's the possible penalty, not what the sentence is. A conviction is all that is required to make you a prohibited person.

IANAL or a LEO..

 

[Boom Boom]

Doesn't PBJ also prohibit if maximum penalty is more than one year?

 

[SRD]

Charged,with PBJ or conviction? Wouldn't that be determining factor since PBJ isnt guilty unless they violate?

 

[Boom Boom]

As I understand it, PBJ or conviction prohibits for >1yr max penalty, with only option being expungement (or maybe moving elsewhere).

 

[compmoto]

penalty was max 1 year... I did no jail time... and no one (MSP) has asked for my other handguns which are legally registered to me... the gun I had holstered, w no round chambered, was not used in a crime... just found to be in the vehicle upon a traffic stop.
I tried, apparently unsuccessfully, to buy a Beretta shotgun in October, but never heard back from the retailer... I would think they'd have wanted to make the sale, if I'd have been "approved" by MSP ...

 

[zoostation]

I believe it is prohibiting since the max penalty is three years, not one for that violation. Unlike many states Maryland has a number of different misdemeanors that exceed a one year maximum sentence.

I do not think a PBJ for that offense would be prohibiting, though your conditions of probation might prohibit you from owning a gun while on it. Still beats a lifetime ban though. I would do whatever I could to get a PBJ, but I don't know the particulars of your situation.

I am not a lawyer.

 

[SRD]

MSP would have no knowledge of a shotgun purchase only Feds.Did you call the retailer to see if NICS was delayed/denied?

 

[Schipperke]

I would think they'd have wanted to make the sale, if I'd have been "approved" by MSP ...

I've never been approved. Only "not disapproved". Not busting chops, just noting the remarkable semantics they use. Must be lawyer stuff..

 

[Jerry M]

Call a lawyer, as MSP will be on there way after reading your post.

Good luck

Jerry

 

[compmoto]

thanx Jerry ! I feel sooo much more "Free" now ..;-)
zoostation, I will do that...
SRD, I need to follow up on that...
thank you, all

 

[mac1_131]

I think the PBJ has to be for a crime of violence to be part of what was added to FSA2013 IIRC. Not sure if a wear/carry violation would trigger that so definately go for that if you can. IANAL too.

 

[BradMacc82]

OP, no offense meant - but the only person you should be discussing this with, is an/your attorney.

 

[StantonCree]

Call a lawyer, as MSP will be on there way after reading your post.

Good luck

Jerry

I pray your not serious.......

 

[amoebicmagician]

Call a lawyer, as MSP will be on there way after reading your post.

Good luck

Jerry

seriously?

Look, I understand people can get mad at the police. I get it. I do.

But it boggles my mind as to how people can fail to ascribe the most common human actions and behavior to police officers.

Cops are not bogeymen just waiting to screw you, they are people with a shitty shitty SHITTY job that most of them love who have almost certainly exhausted their patience after the 234th
"naw yo, why you be on my nuts about an open container, B?! You steppin?"

No one is so important that a police officer is going to take time out of his life to be 'out to get you'

 

[swinokur]

I'm hoping it was sarcasm.

 

[GTOGUNNER]

does this render me unable to buy guns in the "Free State" ?
I realize advice given is not actual legally written in stone...
I may have hired a better lawyer... he still says he can have the judges decision changed from "guilty" to "PBJ" ... under certain circumstances...
thank you

Wear Carry violation outside of a Permit Restriction???

 

[compmoto]

OP, no offense meant - but the only person you should be discussing this with, is an/your attorney.

I understand this.. but as I implied previously, I may have hired a more gun law knowledgeable lawyer... some of th things he said, and asked me pertaining to this.. led me to this conclusion.
Now, I have consulted w other lawyers, and they are not willing to get involved because of the 1st attorney's being on the case...
I'm all about making things better for my record...and to buy a couple more guns too