Denied a gun for a misdemeanor?


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jak
February 12, 2007, 02:55 PM
I was talking to my uncle yesterday, when the subject of guns came up. He told me that he's tried buying a handgun here before, but they turned him down based on a record showing "violent behavior." The case cited was a misdemeanor charge for participation in a street brawl, about 10 years ago. I know many of you might be turning away at the thought of giving a "violent" man a gun. While he has had his anger issues in the past, he has melowed out considerably. He is now in his late 30's, his fighting days were back in his 20's.

Now to put things in perspective, my uncle lives in Baltimore City, Maryland. Being the antigun hell hole it is, the rules are likely a little different here. Even so, I've never heard of something like this. My uncle was told he would have to have his record expunged.

One thing that has crossed my mind is that he may have been accidentaly applying for a CCW, believing he needed a permit to own a gun. Which would make much more sense, given the story...

So, after my lengthy explanation, what do you good fellows know about this? If anyone has any knowledge to offer on the subject, I'd love to hear it.

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Libertylover
February 12, 2007, 04:37 PM
Well, clarify the story, first of all. Was he applying for a CCW? Was this the federal background check they do for the 4473? Was this a state check done at the time of purchase?

If it's state law, than have him talk to a lawyer about either having his record expunged, or suing whomever is infringing on his rights if there's no state law that prevents people w/ misdemeanors from buying guns. If it's federal, you might not even need to get a lawyer involved, because they seem decent at clearing up issues and the dealer should be able to point him in the right direction as it pertains to clearing up non-felony, non-domestic violence issues with the 4473.

VARifleman
February 12, 2007, 04:38 PM
http://www.mcsm.org/mdlaw.html

No permit is required to possess a rifle or shotgun.
Possession of a handgun is prohibited by any person who:

a. Has been convicted for a crime of violence.

http://www.lcav.org/states/Maryland.asp
Yeah, they're anti, but they have the correct information on this.

the Secretary shall deny a regulated firearm transfer where the prospective purchaser, lessee or transferee:

*

Has been convicted of a crime of violence, (crimes listed under section 5-101(c)), any Maryland-classified felony, conspiracy to commit a felony, a common law crime for which the person received a term of imprisonment for more than two years, or any Maryland-classified misdemeanor that carries a statutory penalty of more than two years;


http://mlis.state.md.us/cgi-win/web_statutes.exe?gps&5-101

(c) "Crime of violence" means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or

(17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

bubbygator
February 12, 2007, 05:08 PM
I was once denied at a gunshow phone-in check. I asked why & was told that they never say why... but another worker said he could find out & phoned somebody. Turned out somebody with my same name had a current restraining order in the next county. The guy said - put in your SS# (I had deliberately left it out) & he would resubmit. It came back OK right away.

Actually, I was impressed by the experience.

geekWithA.45
February 12, 2007, 05:21 PM
Interesting.

Note that the law cites REGULATED firearms, which in MD are "assault weapons" and handguns.

Not long guns.

Expungement is a highly technical area of the law, best left to experts.

VARifleman
February 12, 2007, 05:34 PM
He told me that he's tried buying a handgun here before,

jak
February 12, 2007, 07:48 PM
Thanks for the help everyone. VA rifleman, that'd definately do it, thank you for pulling up the law on the issue.

I'll mention expungement to my uncle, although I doubt he'll bother. He's planning on moving to California this summer, so it really wouldn't do him much good...

langenc
February 12, 2007, 09:50 PM
He will probably fair better in **********.

Molon Labe
February 13, 2007, 06:43 AM
Some states have some stupid laws with regard to gun ownership.

In Ohio, a citizen is prohibited from owning a firearm if they have been convicted of any drug crime, even if it was a misdemeanor that occurred 20 years ago in Iowa. Crazy.

Zoogster
February 13, 2007, 07:15 AM
Someone with a misdemeanor conviction for assault or battery in CA cannot possess a firearm for 10 years. So getting into a fight in CA is a 10 year ban on gun possession, unless of course it was with a family member, and then it is domestic violence and a lifetime ban.

You need not even be a felon, or guilty of a misdemeanor to be prohibited. Even restraining orders which are often issued with no evidence and require no proof of anything except fear by the person seeking one, can ban firearm ownership or ability to purchase firearms for the duration of the restraining order, which are usualy a minimum of six months and can be for many years.

Interesting when you consider the fact that before 1968 even prior felons were considered entitled to the right to keep and bear arms after they had served thier time.

At this rate I wonder what "law abiding" gun owner will mean in ~20 years.

Of course this also creates more people opposed to RKBA. If they cannot legaly have a firearm, then they sure don't want anyone else to be allowed to, and are at the very least not going to stand up for gun rights, if not out right oppose and vote against them.

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