should i defend myself based on background check info

[fabsroman]

OP - this is not the place to put forth everything you have been charged with, the outcome, etc. Isn't really the place you should be seeking legal advice from either.

Some people are completely wrong on what they were charged with, and nowhere close to what the final outcome was.

If you go to an attorney, the attorney will pull every case you have been involved in, determine what you were charged with, and determine what the final sentence was. From there, the attorney will be able to determine if you are prohibited or not, and if you are prohibited, whether there is anything you can do to get your 2nd Amendment Right back. Granted, this costs money.

The other option is to go and attempt to buy a gun. If you pass the background check, hooray. If not, then you can think about retaining an attorney to delve into the matter. If you are going to go this route, try to pick a seller that does not require a deposit on the firearm before running the background check. Maybe start small with a cheap .22lr or shotgun from Dicks.

Lastly, and most importantly, trying to make sense of the charges/facts was really tough to do. You need to be able to do a lot better job conveying to people exactly what happened, but I don't think an internet forum is the place for that.

 

[Name Taken]

The other option is to go and attempt to buy a gun. If you pass the background check, hooray.

Wouldn't this open him up to possible criminal charges? I guess he can claim he didn't know he was disqualified but at this point he at least has some reason to believe he's disqualified or wouldn't be posting here.

I'm not sure that's a prudent step to take at this point.

 

[fabsroman]

Wouldn't this open him up to possible criminal charges? I guess he can claim he didn't know he was disqualified but at this point he at least has some reason to believe he's disqualified or wouldn't be posting here.

I'm not sure that's a prudent step to take at this point.

Comes down to the entire risk/reward issue. He will have to evaluate the risk of being prosecuted, etc. should he answer a question incorrectly on the Form 4473. What are the chances of being prosecuted? What are the possible penalties? What are the elements of the crime? What is the chance he gets convicted? What is the chance he gets the max penalty if he gets convicted?

Probably questions best answered by an attorney, which brings us full circle.

 

[Name Taken]

Probably questions best answered by an attorney, which brings us full circle.

That was my suggestion instead of having to deal with the potential criminal charges he would be better off getting an attorney from the jump.

 

[ericoak]

THE PBJ WAS CONNECTED TO A LEGALLY OWNED/REGISTERED FIREARM.

expunged is a legal farce. it just means they put a cover over what occurred. yet, in reality any leo organization like MSP will be able to see it if they are the ones doing the background check.

You just made that up.

 

[Docster]

OP

Your best advice was given in post #3. You need a lawyer to figure out what you're telling us.....

 

[CZ TAIJI]

4 those that want to know

You just made that up.

that was funny. i hope u were joking lol. if not look online and find out for yourself. i found out years ago because of job readiness classes. expungement
was a big deal in our class.

No process expunges the records from all agencies.
http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf

 

[Blaster229]

Weird to read such very personal info.

 

[CZ TAIJI]

Wouldn't this open him up to possible criminal charges? I guess he can claim he didn't know he was disqualified but at this point he at least has some reason to believe he's disqualified or wouldn't be posting here.

I'm not sure that's a prudent step to take at this point.

no, i feel i don't have a reason to be disqualified. yet, i still played devils advocate simply because we are not always correct on these things.

no de facto admission to knowing anything is not in order legally in my mind.
yet, the fact that you bring that type of reasoning up is also why i, and everyone should be careful about what they put into print online at a site like this, or any site for that matter.

 

[Name Taken]

For your sake save the legal fee's and just take an English 101 class.

 

[rseymorejr]

I don't think you have to worry too much about anyone getting any usable evidence from your internet postings.

 

[CZ TAIJI]

Weird to read such very personal info.

yeah, i know right. yet, i have been known to tell the truth my whole life & to keep my word. even complete strangers usually realize i'm telling the truth when i talk to them/speak about xyz.

i have been loved and hated for telling the truth. yet mostly respected and believed & to me that is more important than the hate.

I care about being seen in a light that is not actually truthful. that's why i didn't want MSP to view me as a societal risk with a gun. It's easy to get a gun that's not legal in Maryland like most places. I don't want to do that. I want a legal gun for legal reasons plain, and simple

 

[clandestine]

...this thread gives me a headache.

 

[fabsroman]

...this thread gives me a headache.

Well, there you have it. You and I agree on something.

Reading what the OP has posted and attempting to make sense of it requires liquor, and not the weak stuff.

 

[Schipperke]

Reading what the OP has posted and attempting to make sense of it requires liquor, and not the weak stuff.

"If you don't know where you are going, you'll wind up somewhere else"

 

[outrider58]

Hi folks,
ok my background check came in today and was completed.

i want t know if you qualify for a gun can they deny you based on your background check.

1st. case information is as follows.i have had charges that were levied against me, and i went to court to face them.

None of these charges/crime were something i did or could have done. i didn't even know the crimes had been committed until an early sunday morning when county cops came to my house to take me into custody via a warrant.

to be clear the police and the states attorney already knew i didn't do any of those crimes before they came an arrested me. i would go into more detail, but a book might be written based on my case. my case was so absurd that it was written up in "the daily record" which thankfully supports my total and complete innocence.

the states attorney intervened before the 2nd. part of the trial could continue. she said she didn't want me to get convicted of crimes that she didn't think i committed. in reality she should have said that she knew i didn't commit nor could have committed. yet to say it like that would have made her office look worse than it already did for having me on trila in the 1st, place.
_________________________________________

i had a cds charge that was for possession of marijuana. the amt was = to 1/2 a small joint max. _______________________________________________

last charge carrying my gun without a permit. the officer in the case asked if he could speak on my behalf before the case was even heard. yup, that was a surprise to my attorney and me to say the least. my attorney's friend & fellow attorney advised us to go to trial and we would easily beat the case no problem.

this would mean i would get to keep my CZ PISTOL. i elected to accept a PBJ because i didn't want to risk court and have my animals be screwed over for what i had done. so i forfeited my gun and actually paid them probation fees for a year or so as outlined in the deal.

this was all 10 years ago, and prior to the items mentioned above i had never been in trouble with the law.

Ok, that is all. the issue is all the details i gave here don't show on the background check. will they deny me based on not looking into my situation details. as far as i know I'm legally able to own a gun still and have my range fantasies fulfilled.

Anyone with experience/knowledge in this area please chime in and share your thoughts. thank you kindly

no

 

[fabsroman]

"If you don't know where you are going, you'll wind up somewhere else"

Luckily, I am headed to bed and there are no stairs between here and the bed. If I get lost, I need some serious help. lol

Guessing the quote is about something specific, but I suck at this kind of stuff.

 

[ericoak]

that was funny. i hope u were joking lol. if not look online and find out for yourself. i found out years ago because of job readiness classes. expungement
was a big deal in our class.

No process expunges the records from all agencies.
http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf

That is completely different from what you said. The situations in which that information can be accessed is extremely limited and definitely not something that can be accessed by your average LEO.

I know for a fact they don't show up in the FBI database used for NICS. My friend got delayed every time for an arrest for a disqualifying crime, he got it expunged, and now his NICS checks go right through.

 

[CZ TAIJI]

That is completely different from what you said. The situations in which that information can be accessed is extremely limited and definitely not something that can be accessed by your average LEO.

I know for a fact they don't show up in the FBI database used for NICS. My friend got delayed every time for an arrest for a disqualifying crime, he got it expunged, and now his NICS checks go right through.

dude I said what i did based on a memory. But i obviously wanted to deal with it and find out so i looked up more relevant info. so that extra info still supports the essence of what i said. before. which is not completely different.

What is in the quote though is correct. the idea of avg. leo isn't quite right either is it. leo is a single person, not the whole agency that leo is employed by. at least that's how i use leo and how it has been used to my understanding.

the information about your friend is quite a boon imho. that lets us know that expungement can be effective for the issue you pointed out with your buddy.

thanks for sharing that inof. it's important imho

 

[Blacksmith101]

Capitalization and double spacing between sentences is a boon to the reader.