I've often wondered about this. What if you tell the leos at the door that the firearms in question are not on the premises. Do they have the right to tear your house apart looking, or will they just haul you in?
That is what warrants are for
I've often wondered about this. What if you tell the leos at the door that the firearms in question are not on the premises. Do they have the right to tear your house apart looking, or will they just haul you in?
That is what warrants are for
Doesn't a person sign an agreement with the State when they take a PBJ plea? If they were not informed at the time that they would lose their 2A rights, they should be able to sue because the state has changed the terms of the agreement. They weren't found guilty, for heaven's sakes.
What if they don't find anything after executing the warrant?
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.
Sounds to me like his legal processed already played out...in front of a judge or jury.
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.
PBJ is NOT the same as guilty.
But it is the same a Probation, and under the standard conditions of probation firearms possession is prohibited. As long as the PBJ is in effect, the person may not legally possess a firearm.
Here is the real kicker, under a standard probation, a person will have a probation officer they can petition to have the conditions changed. Under a PBJ the Office of Parole and Probation doesn't handle the case so there is no one (except maybe the judge) to petition to strike that standard condition.
Without understanding what he did I won't pass judgment on him as quickly as you. Although I very seriously doubt they PBJed a serious crime.
Just some food for thought.
But it is the same a Probation, and under the standard conditions of probation firearms possession is prohibited. As long as the PBJ is in effect, the person may not legally possess a firearm.
Here is the real kicker, under a standard probation, a person will have a probation officer they can petition to have the conditions changed. Under a PBJ the Office of Parole and Probation doesn't handle the case so there is no one (except maybe the judge) to petition to strike that standard condition.
From my understanding of MD Probation, if it's supervised probation - firearms are usually verboten.
Unsupervised probation - ok, as long as it's not specified otherwise by the court/judge.
It's specified in the paperwork the defendant signs but they're usually so happy to get the pbj they'll sign anything to get out of thay court house.
Check into it and you'll find I'm correct. At least that's how it was until I retired last year.
The supervised probation is more formal and conditions are spelled out more clearly, but the standard conditions are, well, standars. Obey all laws, abstain from use of illegal drugs, blah blah blah.
It's got me curious.
Person I know only had 2 conditions listed on their paperwork -
Obey all laws.
Forfeit some property rights to an item.
Judge actually ordered some items (firearms) be returned from 'safe-keeping' to the person after the PBJ was issued.
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.