Denied Handgun Purchase in MD. Giving it a shot in WV.

[XD9WVU]

Well, here goes:

I ordered a Springfield XD 9mm Service as a birthday present for myself earlier this month (first handgun). I had it shipped to my FFL in Maryland and it arrived very promptly (from TGSCOM of all places) on the 21st. Well, I made the hour drive to the FFL from Morgantown, WV, where I go to college, and filled in the novel-length packet of blank spaces that Maryland requires. Then, I found out yesterday that I had been denied, most likely for a juvenile charge for which I was adjudicated delinquent.

Obviously, I wasn't very happy when I found this out Monday, and I decided to change my residency to West Virginia. I am now having the XD shipped to a WV FFL today in hopes of picking it up Tomorrow or Friday. What started out as a bargain ($411 shipped brand new) now has me up to $490, which still isn't bad compared to local prices.

Now, I just have my fingers crossed that the NICS check comes back clean and I can finally take ownership of my first pistol! I have been researching the NICS process extensively, and it seems certain that neither WV, nor the Federal Govt hold juvenile offenses against applicants. However, as an adult, I have gotten two underage drinking citations (one about 3 years ago, and another about 2 years ago) as well as a misdemeanor possession charge 2 years ago, all of which have been dismissed.

I bought a shotgun when I was 19 (in WV while maintaining residence in MD) so it seems my juvenile record won't be influential, but my later-dismissed charges happened after the shotgun purchase. Does anyone think I will have a problem with the NICS check? I guess it doesn't really matter too much, seeing as how the process is going to happen regardless, but I'm hoping some of your words of wisdom will help reduce the amount of stress I'm currently experiencing.

To clear things up: I was a MD resident at first when trying to purchase the gun. I was denied, most likely due to juvenile offenses. I have since switched my residency to WV, where juvenile offenses are excluded from the disqualifying conditions. This post is mainly to gauge opinion on the effect of dismissed substance abuse charges that occurred between 2 and 3 years ago.

 

[taxiflyr]

sorry

I was no angel when i was young but you need to show a better track record for a few years to show you have matured before I would give you a handgun

 

[swinokur]

I don't think it's the state that is the problem. A NICS check in any state queries the same database AFAIK. You'll come back with a record and I think you'll get the same results. Even if WV is more lax, I think you'll be disapproved. You need to find out the reason the NICS check is problematic and try to get if fixed.

What state are you a legal resident of? Federal law determines where you can purchase, not state where you are going to school. If you are a legal resident of MD, you cannot purchase a handgun in WVA AFAIK

When I applied for my FL CCW permit there was a 20 year old misdemeanor that caused FL to ask for more info. I actually had to get a copy of the original adjudication and then FL issued the permit

Good luck in your efforts.

 

[Zoogster]

Under Maryland law:

If under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;

So it appears you are a prohibited person under Maryland law until the age of 30.

I decided to change my residency to West Virginia. I am now having the XD shipped to a WV FFL today in hopes of picking it up Tomorrow or Friday.

While you are free to change your state of residence, changing where you are a resident mid gun transaction to bypass a denial in another state may raise some red flags.
If your place of residency never actually changed during this time it could even be considered a crime.
You don't get to just declare yourself a resident of whatever state has what are the ideal firearm laws for you at the time.
Do you actually have a home in WV?
If you sleep and work in MD and declared WV your state of residence to bypass a prohibition...
Also I don't know the specifics of MD law, but clearly anyone adjudicated for what would have been a felony for an adult is a prohibited person as far as purchasing goes.
So even if you can legally own it in WV transporting or possessing it in MD may be a felony offense of a prohibited person in possession of a firearm.

 

[XD9WVU]

Swinokur, while I agree with you, there is a question on the Maryland application, but not the federal application (which is the one WV uses), regarding any instances of being adjudicated delinquent for a disqualifying crime if one is under the age of 30. I definitely fall into that category.

However, the fact that my background check went without a hitch for the shotgun I purchased in WV 3 years ago leads me to believe that my juvenile record shouldn't be a problem. I'm thinking the only possible thing that I could be held up on for my NICS check in WV are the dismissed alcohol and possession charges I got a couple years ago. The background checks for handguns and long guns in WV are the same, right? So if those dismissed charges are the only things that have happened in the meantime, I should be in the clear, right?

Edit: just saw your post Zoogster, yes that is right, which is why my MD application was probably denied. From what I can tell though, juvenile offenses aren't held against WV residents. Also, to Swinokur, I am now a legal WV resident since changing residency after the denial was handed down in MD.

 

[XD9WVU]

Zoogster: I have kept my parents' (my "permanent") address in Maryland as my residence up until this point because of my college student status. I am now a legal resident of WV, the state where I have lived during the school year for the past 4 years. Everything about the residence change is legal and legitimate. I'm not just maintaining a phony residence if that's what you were thinking. I agree that this could raise red flags, but at the end of the day, it was a fully legal and legitimate action.

Regarding the latter point, about possessing the gun in Maryland, that's a good point that I'll have to look into further, since I would probably want to take the gun with me when I go to my parents' house (for range purposes, etc).

 

[swinokur]

Federal law allows long gun purchases outside your state of residence IIRC. Handgun purchases must be made in your state of legal residence.

There is a NICS appeal process. You are issued a pin number as part of that process. Perhaps that might work. Check the FBI web page for info.

You need to find out exactly what caused the problem. As I said, FL held my CCW permit app up but three other states did not. Could be as simple as interpretation by each state.

 

[Bubbles]

NICS returns the same results nationwide when queried, so the particular state of residence isn't the issue. MD also queries other state criminal databases when doing background checks for purchasing a handgun, which is probably why the OP was flagged - they found his juvie record. http://www.fbi.gov/hq/cjisd/nics/poclist.htm

 

[Scuba Diver]

Your prior history with underage alcohol and a following possession charge have obviously added handgun purchase complications for you. As already mentioned the second NICS application may serve to flag you as someone attempting to manipulate or avoid a state law. If this second application is denied you will probably need to consult with an attorney familiar with firearm law.

While the details of your prior citations and their disposition including your actual legal residence is clear to your own thinking you have to appreciate they may not be as equally understood by someone else.

 

[NavyLCDR]

sorry

I was no angel when i was young but you need to show a better track record for a few years to show you have matured before I would give you a handgun

I don't believe the OP asked for our opinions as to whether or not he should be able to exercise his right to self protection.

 

[NavyLCDR]

Regarding residency and the prohibition to purchase the firearm in MD...

There are a lot of people in this country who would be perfectly legal to buy handguns in free states, who would be prohibited from doing so in not-so-free states such as CA, NY, NJ, MD. He passed a NICS check to purchase the shotgun. There are no Federal prohibitions in effect (that NICS knows about, anyway) for the purchase of the firearms. A NICS denial for a criminal record will deny him regardless of what type of firearm was attempted to be purchased. Dismissed charges, at the Federal level, do not prohibit a person from purchasing, only convictions do. So what happened after the shotgun purchase should not count against him at the Federal level, if the charges were actually dropped and there was no conviction.

As far as state of residency for college students, this is what the ATF says on page 126-127 of this document:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

27 CFR 178.11: MEANING OF TERMS

An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.

ATF Rul. 80-21

"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.

Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.

[ATFB 1980-4 25]

So, whatever state he is a current resident of (which could be WV due to living there to attend college), he can purchase a handgun there, regardless of past denials in other states of residence.

A question that comes to mind, though, is that to purchase a long gun (such as the shotgun) in another state, the state laws of both the buyer and the FFL must be met - so if it was illegal for him to purchase the shotgun in MD because of MD state law, it would also have been illegal for him to purchase the shotgun in WV - if he maintained that he was a MD resident at the time of the purchase.

 

[dogtown tom]

The OP's LEGAL state of residence is where he is actually living. As he has said he is living and going to school in West Virginia- guess what? West Virginia IS HIS STATE OF RESIDENCE as determined by the ATF for the purpose of buying a firearm.

There was no need for the OP to "switch his state of residence", but having a WV drivers license will make it easier on finding an FFL to do the transfer.

It is possible to have more than one state of residence.

Highly unlikely that he will be "flagged" by the FBI NICS system as all incoming purchaser data is suposedly wiped from the system each night.

 

[Cosmoline]

Sounds like a MD problem.

Solution: move out of Maryland and never go back. Then you'll be a resident of another state and once you have your residency you can purchase a handgun there with only the federal regs applicable.

I'd be more worried about having potentially committed a new crime under Maryland law. I would also be very nervous about trying to keep a foot in MD and a foot in WV. Even if that's acceptable under federal law, Maryland may have laws against it. Just cut your ties with that place.

 

[XD9WVU]

NavyLT: Thanks for posting that great information! Regarding the shotgun purchase, I'd be legal to purchase a long gun in MD, even today, since they are unregulated firearms. Maryland's questionable statutes regarding juvenile delinquency only apply to regulated firearms. For that reason, I was clear to buy my shotgun.

Dogtown Tom: I did decide to get the WV DL to make it easier to facilitate an FFL transfer

As a disclaimer to everyone reading this: On Monday, after I obtained my WV DL, I ran a "test purchase" (I know, this is questionable, but I was eager to see where I stood with WV law and somewhat impatient) and the NICS check came back delayed. This morning I got a call from the dealer saying that NICS had approved my application! So, turns out my juvenile record didn't influence my eligibility, nor did the charges I had dismissed a couple years back. Looks like my handgun transfer will go smoothly (may get delayed again, but I know where I stand).

Moral of the story: I should have researched my own background and the Maryland application process more thoroughly before trying to purchase a handgun in a semi-fascist state. Thank you to everyone for your input and especially to you, NavyLT, for taking the time to look up those statutes.

 

[NavyLCDR]

I'd be legal to purchase a long gun in MD, even today, since they are unregulated firearms.

Yes, you are correct - I forgot about the whole regulated firearms thing in MD!

If I were you, I would take Cosmoline's advice!

Solution: move out of Maryland and never go back.

 

[Wolfebyte]

good luck ! .. my brother in law lives in Morgantown and just purchased his first XD last week.

I'm not sure what he paid for it though.. but he's a permanent resident.

 

[XD9WVU]

If I were you, I would take Cosmoline's advice!

Yeah, definitely. I'm going to grad school after this year, and safe to say, U of MD is not showing up on my list anytime soon. Virginia and Florida are both up there on my list though, and from what I can tell, they're both pretty gun-friendly states.

 

[BP Hunter]

XD9,

First of all, welcome to THR. Sorry about the denial. The FFL should have given you the NTN (transacation number) where you can make an appeal. I was denied on my first purchase. After requesating the NTN from the FFL, I promptly made an appeal with NICS where I happily received the appeal in 1 week.

 

[NavyLCDR]

The FFL should have given you the NTN (transacation number) where you can make an appeal. I was denied on my first purchase. After requesating the NTN from the FFL, I promptly made an appeal with NICS where I happily received the appeal in 1 week.

Except that he was NOT denied by NICS. He was denied by the state of Maryland.

 

[bsctov]

Don't feel too bad about being denied by error. I have a friend whos actual name is "John Smith" and he gets crucified on NICS checks.

 

[NavyLCDR]

Don't feel too bad about being denied by error. I have a friend whos actual name is "John Smith" and he gets crucified on NICS checks.

Again, he was not denied by error.... He was denied by the STATE OF MARYLAND because of the restrictions placed upon handgun purchases by the STATE OF MARYLAND! It was not an error, and it was not NICS and it was not at the Federal level! HIS DENIAL WAS DUE TO CRAPPY LAWS AND ABUSES OF POWER BY THE STATE OF MARYLAND TO RESTRICT MARYLAND RESIDENTS FROM EXERCISING THEIR RIGHTS TO SELF PROTECTION!

 

[Zoogster]

Your prior history with underage alcohol and a following possession charge have obviously added handgun purchase complications for you.

No you are not reading between the lines. Those charges were dropped, and they happened after his 18th birthday (but before 21st birthday.)
The charges causing him trouble are at least one juvenile felony.

The felony charge(s) as a juvenile have resulted in him being a prohibited person under MD law until he reaches the age of 30.
These are not the charges he mentioned.

So if he possesses or transports a handgun in the state of MD before he is 30 years of age then he would be a prohibited person in illegal possession, an adult felony charge in the state of MD. That adult felony charge would then make him a nationally prohibited person for life.
So he needs to stay out of MD with handguns (which are "regulated" and other "regulated" firearms in general.)

 

[waterhouse]

Highly unlikely that he will be "flagged" by the FBI NICS system as all incoming purchaser data is suposedly wiped from the system each night.

I agree with everything else you stated, but I believe the NICS system wipe every 24 hours only applies to "proceed" inquiries. Not sure it would matter in this case since I don't know how MD runs their checks, but delays and denials have to stay in the system for more than 24 hours.