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Thread: Denied the ability to buy gun in MD

  1. #1
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    I went to purchase a gun in MD and was denied because I had a charge on my record from 1991 (From a fight I got into) Nothing serious (To me) I have a top secret clearance from the Federal government and the charge was not a felony or domestic violence. Gurrrrr!

    But I have a couple of questions. I paid for the gun in MD and I really like it and want to get it.

    1. Is the appeals process in MD worth the time?

    2. I have a home in VA, VA license etc so I qualify to buy a gun in VA, would I be able to transfer this gun since it's paid for even though I can't gain possession in MD, to a VA gun dealer and then keep it in my house in VA while I go through the MD appeals process?

    Thanks everyone for your help!

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    Maryland has many crimes (including certain non-domestic assaults) that are "misdemeanors" but, unlike the traditional concept of misdemeanor crimes in most states, carry jail sentences in excess of one year (I am aware of some MD "misdemeanors" that carry up to 5 years in jail). If the misdemeanor carries more than 2 years in jail as the maximum possible sentence (regardless of the sentence actually imposed), it creates a federal firearm disability under 18 U.S.C. § 922(g)(1). See also 18 U.S.C. § 921(a)(20) (definitions).

    You may have few options other than to contact a lawyer and determine whether your conviction triggered this federal disability. If so, you may have no option other than to seek a gubernatorial pardon,
    James M. "Jim" Mullins, Jr., Esq.
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    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
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    So does this mean that I am forever bared from the right to protect my home and family? Or only in MD?

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    My prior post related to federal law. Thus you would be affected in any state.

    However, I do not know whether the crime for which you were convicted necessarily triggered the disability. If the crime was a misdemeanor punishable by more than 2 years in jail, you are prohibited by federal law from possessing a firearm. But if the crime was a misdemeanor and the maximum jail sentence that could have been imposed was 2 years or less, there is no federal disability.

    Also, I do not know whether Maryland might have additional disqualifying factors that would prohibit you from purchasing or possessing a gun in MD but which do not create a federal firearms disability. This is another possibility.

    In either case, I would recommend consulting an attorney to determine whether you are under a firearms disability (and if so, whether it is federal or state only) or whether you are entitled to a reversal of the purchase denial on appeal. However, there are time limits for doing this, so you should not delay.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Thanks for the info.

    Yeah you are right. I finally got through to the MD state police. I am not sure what time the charge carried but they told me its State and Federal. And the only way I could get it expunged in MD is to get a pardon (O' Malley doesn't seem to like doing that much)

    Wow, the fact that I got in a fight at 21 and now I am 38 and still paying for it sucks. Esp since its not a felony!

    Oh well I guess I will try a lawyer but I am not sure I feel like spending several thousand dollars to get my rights back! This sucks.

    I will see what my chances look like. Thanks for your help. :-)

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    Quote Originally Posted by tymiles View Post
    Thanks for the info.

    Yeah you are right. I finally got through to the MD state police. I am not sure what time the charge carried but they told me its State and Federal. And the only way I could get it expunged in MD is to get a pardon (O' Malley doesn't seem to like doing that much)

    Wow, the fact that I got in a fight at 21 and now I am 38 and still paying for it sucks. Esp since its not a felony!

    Oh well I guess I will try a lawyer but I am not sure I feel like spending several thousand dollars to get my rights back! This sucks.

    I will see what my chances look like. Thanks for your help. :-)
    How did everything work out? Did you have any luck with getting your rights back? Do you have any recommendations on lawyer to contact who specialize in this sort of thing? I'm pretty much in the same boat as you, but I waited to long to file an appeal (I live in MD).

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    We're in a sad state here in AmeriKa. We have the 2nd amendment protection to keep and bear arms yet in almost every state we are forced to BEG, "May I?".


    Buy the stinking gun in VA. and carry where ever the hell you wish. It's time to have a "conversation" on gun control laws alright. And it's time to END THEM, because of their outright blatant illegality.
    Last edited by Jeff. State; 01-03-2013 at 07:53 PM.

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    Quote Originally Posted by Jeff. State View Post
    We're in a sad state here in AmeriKa. We have the 2nd amendment protection to keep and bear arms yet in almost every state we are forced to BEG, "May I?".


    Buy the stinking gun in VA. and carry where ever the hell you wish. It's time to have a "conversation" on gun control laws alright. And it's time to END THEM, because of their outright blatant illegality.
    Can a Maryland resident purchase a firearm in another state? I was under the assumption that I could not do this..

  9. #9
    Regular Member Sig229's Avatar
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    Quote Originally Posted by xknucklezx View Post
    Can a Maryland resident purchase a firearm in another state? I was under the assumption that I could not do this..
    A person cannot purchase handguns in any state except for their own.

    However, most states allow the purchase of rifles/long-guns outside of their home state. But each state is different.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

  10. #10
    Activist Member swinokur's Avatar
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    It's perfectly legal to buy a gun in another state. You must have it shipped to a MD FFL for transfer to you. I do this with Gun Broker purchases all the time.

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