This happened today, 03/27/2014....CONFISCATION

[Crab Bait]

This is a genuinely honest question. I've been trying to follow all of the MD law, but it's hard to follow...especially since I live in NC now and the rigamarole does not apply to me.

Can the State of MD confiscate something that was legally purchased after they discover the owner is no longer eligible to own it due to NEWLY ESTABLISHED criteria? Are they going through every single record just to find a reason to confiscate?

I know it sounds like a goofy question, but I simply do not understand anything when it comes to guns and the state of Maryland anymore.

I think there was a thread saying the MSP would like to be able to do this... but they don't have a system in place to do it. But I think that may have been more focused on gun owners who have made themselves ineligible through their own actions, not changes in the law.

Beyond that, they do what they want... This isn't America after all, it's Maryland.

 

[Mr H]

There were several bills submitted this session that would have granted MSP near-blanket authority to do indefinite lookbacks for this sort of thing.

Apparently, the bills weren't needed.....................

 

[Name Taken]

You are. Judge, Jury and Executioner.

Sounds to me like his legal processed already played out...in front of a judge or jury.

 

[DaemonAssassin]

Wow. This stinks to high heaven.

 

[rseymorejr]

Sounds to me like his legal processed already played out...in front of a judge or jury.

PBJ is NOT the same as guilty.

 

[iH8DemLibz]

PBJ is NOT the same as guilty.

I don't think the State of Maryland got that memo.

 

[Name Taken]

PBJ is NOT the same as guilty.

Who promised these folks that taking a PBJ would not have any affect on their life down the road? I've sat through many of court cases and never heard that.

Here's a novel idea...if you are INNOCENT don't take a plea deal.

 

[Inigoes]

PBJ is NOT the same as guilty.

It's not the same as innocent either.

The state has a lot of fancy names for all the in between verdicts.

 

[Mr H]

I don't think the State of Maryland got that memo.

Oh, they got it... and promptly tossed it into File 13

This issue was argued extensively last year... and completely ignored.

All the more reason to not just upset the electoral apple cart this year... but make applesauce.

The overreach is epic... and not in a good way.

 

[pbharvey]

Most likely. PBJ wasn't a disqualifier before SB281, now it is.....

Do the new forms ask if you ever got a PBJ?

If he had as pbj and that disqualifies him, the story here is not that MSP "confiscated" his guns. The story is that MSP's system of weeding out those with a pbj is too slow.

 

[rseymorejr]

Who promised these folks that taking a PBJ would not have any affect on their life down the road? I've sat through many of court cases and never heard that.

Here's a novel idea...if you are INNOCENT don't take a plea deal.

It's not the same as innocent either.

The state has a lot of fancy names for all the in between verdicts.

Sorry but I think the state should set the bar a little bit higher than PBJ before they strip away someone's constitutional rights.

 

[DaemonAssassin]

Sorry but I think the state should set the bar a little bit higher than PBJ before they strip away someone's constitutional rights.

Why should they? Their end goal is banning all firearm ownership within the state, and this is how they are making an end run around the 2A. Make everything a disqualifying offense and soon, nobody will be eligible to buy or own a firearm in MD.

 

[Mr H]

Sorry but I think the state should set the bar a little bit higher than PBJ before they strip away someone's constitutional rights.

Well.......

The attempt was made last year to prevent that. They chose to follow marching orders, instead.

Now, we hold them accountable for their votes. They don't think we can do it.

Whose side are you standing with?

 

[Name Taken]

Sorry but I think the state should set the bar a little bit higher than PBJ before they strip away someone's constitutional rights.

99% of PBJ's are given out to guilty folks from what I've seen. The state either does not have the resources to deal with them since the system is already over loaded and it's a relatively minor law OR the judges who have zero self control and accountability simply do not want to alter someones life with a guilty finding.

If you are innocent you shouldn't accept anything other then a Not Guilty or Nolle Pros finding from the state.

To think that because you got a PBJ you weren't guilty of the crime is doesn't work for me. Sorry for living in reality.

 

[Inigoes]

Sorry but I think the state should set the bar a little bit higher than PBJ before they strip away someone's constitutional rights.

I agree

Due process, isnt JBTs showing up at one's door, saying cough em up.

 

[GUNSnROTORS]

99% of PBJ's are given out to guilty folks from what I've seen. The state either does not have the resources to deal with them since the system is already over loaded and it's a relatively minor law OR the judges who have zero self control and accountability simply do not want to alter someones life with a guilty finding.

If you are innocent you shouldn't accept anything other then a Not Guilty or Nolle Pros finding from the state.

To think that because you got a PBJ you weren't guilty of the crime is doesn't work for me. Sorry for living in reality.

Figure your job dictates that you must interact with some truly evil people, possibly impacting your posts on this thread ... and that I'm naive on the ins-and-outs of the PBJ topic - but isn't "innocent until proven guilty" the intrinsic and fundamental principle of our legal system??

 

[zoostation]

A lot of defendants in domestic violence cases will accept a PBJ plea bargain whether they are guilty or innocent, rather than roll the dice with a judge or jury. I still think most people who get PBJ's for DV assaults are guilty, but I do think there is a very significant minority who are not. The bottom line is even innocent people know a domestic violence conviction will ruin their lives when they have to make a decision to fight for a not guilty verdict or just plea out.

Most Assistant State's Attorneys I have met seem afraid to cast doubt on even the shakiest of domestic violence accusations, and will almost always take it to trial if the defendant doesn't take a plea. I'm not saying domestic violence isn't a problem and that the (truly) guilty shouldn't be seriously punished, of course they should. But I also think there are a lot of guys in this state with PBJ records for domestic assault who were probably falsely accused and still agreed to a PBJ, because they were told, "after all, it's not really a conviction."

Besides, for me the bottom line is the PBJ should be exactly that. Probation Before Judgment. If the state wants a conviction disposition that will affect someone's rights for the rest of their life, then it should have to get one. Even if it means going to trial. Justice shouldn't bastardized because the district courts are set up to be case backlog clearinghouses.

 

[iH8DemLibz]

Why should they? Their end goal is banning all firearm ownership within the state, and this is how they are making an end run around the 2A. Make everything a disqualifying offense and soon, nobody will be eligible to buy or own a firearm in MD.

And it's the very definition of dirty pool.

 

[Mark75H]

Figure your job dictates that you must interact with some truly evil people, possibly impacting your posts on this thread ... and that I'm naive on the ins-and-outs of the PBJ topic - but isn't "innocent until proven guilty" the intrinsic and fundamental principle of our legal system??

Not in MD

 

[rseymorejr]

99% of PBJ's are given out to guilty folks from what I've seen. The state either does not have the resources to deal with them since the system is already over loaded and it's a relatively minor law OR the judges who have zero self control and accountability simply do not want to alter someones life with a guilty finding.

If you are innocent you shouldn't accept anything other then a Not Guilty or Nolle Pros finding from the state.

To think that because you got a PBJ you weren't guilty of the crime is doesn't work for me. Sorry for living in reality.

What's next? Being charged with a crime? Because, you know, if the police go to all that trouble to arrest you and the DA goes to all that trouble to file charges than you must be guilty of something.
If the State can't prove you did it or you don't admit to doing it you are not guilty of the crime in the eyes of the law. What the hell happened to "innocent until proven guilty"?