misdemeanor wear/carry violation

[Joe Blow]

Trying to buy a firearm as a prohibited person, I believe is another charge in itself. Lawyer!

 

[rseymorejr]

If you have already hired an attorney he probably won't be too happy about you discussing this on the internet.

 

[Schipperke]

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'

FIFY

Cops are not bogeymen just waiting to screw you, unless they want a confession.

 

[Jerry M]

My post was not anti-police, only pointing out to the op that IF he is disqualified asking the question in a open forum instead of contacting an attorney was not smart.

good luck

Jerry

 

[WeaponsCollector]

"Shall not be infringed" = BS
At least in most states!

 

[adit]

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 ...

How were you "buying" it? MSP has nothing to do with long gun approvals, FBI NICS check only.

You had to fill out the 4473 yourself. Did you not wait for them to call it in?

It just doesn't make sense.

 

[amoebicmagician]

this does not make sense

And what do you mean they found it holstered in the car?

Like on your person, or just in the car?

Because I have been stopped on my way to/from the range before and there's been no problem.

 

[Bald Fat Guy]

"Just in the car" is the same offense, unless it meets a suitable 4-203 Exception.

 

[kgain673]

He is serious

 

[Abacab]

ATF is waiting to screw you.

 

[j_h_smith]

I don't understand why people log on to MDS and ask these types of questions. Call the MD State Police. Get a lawyer. Would you really want to trust your future to what someone on the interweb says? Or, if you are the adventurous type, go out and buy a handgun. See what the MSP have to say then.

In cases like this, don't even ask the question.
Jim Smith

 

[danb]

I don't understand why people log on to MDS and ask these types of questions. Call the MD State Police. Get a lawyer. Would you really want to trust your future to what someone on the interweb says? Or, if you are the adventurous type, go out and buy a handgun. See what the MSP have to say then.

In cases like this, don't even ask the question.
Jim Smith

If you go back a few posts, OP says (s)he asked a lawyer, then asked other lawyers, then asked the internet. I believe the term is fishing.

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

Get a lawyer, trust the lawyer, or fire the lawyer and get another lawyer, and STFU.

Now we have alerted the internet that a potentially prohibited person may own regulated firearms. Or someone has admitted guilt over the not-so-anonymous internet that can be used against them.

 

[j_h_smith]

I don't understand them. But hey, it's their story, I'm just a character...

Jim Smith

 

[Abulg1972]

"Shall not be infringed" = BS
At least in most states!

Unless you do something stupid.

 

[CharlieFoxtrot]

You need to talk to a lawyer who understands the nuances of your situation. This offense carries a maximum penalty (in MD) of up to three years. That means a conviction (but not a PBJ) would make you a prohibited person under MD law to possess any kind of firearm, let alone buy one.

 

[Biff_N]

penalty was max 1 year... I did no jail time....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 ...

Forgive me if I missed something, were you initially charged for transporting an unloaded holstered handgun in a vehicle?
If this was the situation I wonder why you were charged at all based on Jack McCauley's comment at the MSI meeting in January when he stated it was legal to transport an unloaded holstered handgun in a vehicle. Unfortunately I do not have the code section to reference.

 

[Name Taken]

Forgive me if I missed something, were you initially charged for transporting an unloaded holstered handgun in a vehicle?
If this was the situation I wonder why you were charged at all based on Jack McCauley's comment at the MSI meeting in January when he stated it was legal to transport an unloaded holstered handgun in a vehicle. Unfortunately I do not have the code section to reference.

You have to be going to or from one of the specific places listed in the law. Like a range, gunsmith, exhibition, etc.

So yes while he did state he carried in in the prescribed manner if he wasn't going to a specific location allowed in the law he's in violation.

 

[swinokur]

Jack also said FOPA applied when your origin and destination are both in MD. That completely contradicts an AG opinion that said if your origin and destination are both in MD, 4-203 applies.

I think Jack got it wrong but iANAL or a MSP

I'm attaching the opinions for perusal by others. I don't agree with the FOPA opinion either but I don't count.

 

[esqappellate]

Jack also said FOPA applied when your origin and destination are both in MD. That completely contradicts an AG opinion that said if your origin and destination are both in MD, 4-203 applies.

I think Jack got it wrong but iANAL or a MSP

I'm attaching the opinions for perusal by others. I don't agree with the FOPA opinion either but I don't count.

I am not giving legal advice here, but as I read the law for my own travel, FOPA does not apply to travel that starts and ends in Maryland. 4-203 applies. Only 4-203. I proceed accordingly.

 

[swinokur]

I understand that. I was sitting in the front row of the MSI meeting and heard Jack say FOPA applied in MD.

I am on record as disagreeing with his opinion, and I agree with your view completely.

IANAL