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Maryland gun law question

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Old 06-01-2007, 04:30 PM
  #11  
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Default RE: Maryland gun law question

one more thought, bigbulls said question E reads "are you addicted....blah bla" but if at the time I am not using marijuana, i can say "no" and not be lieing,
Before it asks if you are "addicted to" it asks "are you an unlawful user of" which at least at this point you are.
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Old 06-01-2007, 06:08 PM
  #12  
 
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Default RE: Maryland gun law question

"Addiction" is a medical diagnosis and only a doctor can determine whether someone is addicted to a substance (i.e. drugs) or abehavior (i.e. compulsive gambling) or not. However, as bigbulls points out, the question is not limited to whether or not you have ever been diagnosed by a physicianas an addict. It also asks if you are an unlawfulluser of controlled substances. The fact that you have been cited for using marijuana is prima facia evidence that you do use illegal drugs and the burden of proof is probably going to be on you to somehow show that you are no longer a user of illegal controlled substances.

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Old 06-01-2007, 09:31 PM
  #13  
 
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Default RE: Maryland gun law question

Just FYI, even if you can legally own a firearm, if you are going to continue to keep a little marijuana around be advised that to possess a firearm and marijuana simultaneously is a federal offense. Federal court has no "back burner" and the time they sentence folks to is serious. Don't ever have them both on you or in your hoime at the same time.
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Old 06-02-2007, 05:11 AM
  #14  
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Default RE: Maryland gun law question

I don't know about Md. ,But in Va. you can't buy any firearm while you have "ANY" kind of charge pending.Yours is kinda like "Prayer for judgement " in N.C.After a year if you don't screw up it goes away.But you still have to pay the fine and court costs.Seems like you are going to be at least1 year before legal.
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Old 06-02-2007, 01:23 PM
  #15  
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Default RE: Maryland gun law question

ORIGINAL: bigcountry

One of the paperwork questions is, "are you currently under any sort of litegation for a felony". But possession is not exactly a felony. I would say you can get thru the paperwork on a small charge like that.
Big Country is right - if the offense charged is NOT a felony, you are not committing another offense by answering that you are not under felony charges. Exactly how IS that offense classified in MD? Is it a felony,misdemeanor, or merely a "violation". Basically, such classifications can be determined by the prescribed punishment. Generally, a misdemeanor can carry up to a one-year jail term, which is usually served locally(county jail). Felonies carry possible sentences of over one year, and generally involve the possibility of state-level incarceration. A violation is usually punishable by a short local jail term or just a fine.

Misdemeanor offenses and violations rarely result in the imposition ofcivil disabilities, including voting, firearms purchases, etc., as long as NO DOMESTIC VIOLENCE was involved in the offense......

BUT, "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other crontrolled substance?"

If you answer "YES", then it is likely that you are going to be precluded from purchasing ANY kind of a firearm! AND, should you answer NO, you are committing the federal felony of perjury. Perjury BAD! In all probability, you will be caught! Maybe not that day, but some time the Feds may come a'knockin' on yo' door! Most likely, it will be a SURPRISE!!


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Old 06-02-2007, 01:35 PM
  #16  
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Default RE: Maryland gun law question

ORIGINAL: eldeguello

ORIGINAL: bigcountry

One of the paperwork questions is, "are you currently under any sort of litegation for a felony". But possession is not exactly a felony. I would say you can get thru the paperwork on a small charge like that.
Big Country is right - if the offense charged is NOT a felony, you are not committing another offense by answering that you are not under felony charges. Exactly how IS that offense classified in MD? Is it a felony,misdemeanor, or merely a "violation". Basically, such classifications can be determined by the prescribed punishment. Generally, a misdemeanor can carry up to a one-year jail term, which is usually served locally(county jail). Felonies carry possible sentences of over one year, and generally involve the possibility of state-level incarceration. A violation is usually punishable by a short local jail term or just a fine.

Misdemeanor offenses and violations rarely result in the imposition ofcivil disabilities, including voting, firearms purchases, etc., as long as NO DOMESTIC VIOLENCE was involved in the offense......
up to 1 oz possession up to 1000 dollar fine and up to 90 days in the can depending on if this is first, second, so on offense. And is a misdemeanor.

In my opinion, he will be able to geta handgun. It will make it past the licencing board and State police.

Alot of those questions are asked based off the honor system. And tough for them to check out.
 
Old 06-02-2007, 04:10 PM
  #17  
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Default RE: Maryland gun law question

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other crontrolled substance?"
If say a year or 3 years from now, his record is clean, and he doesn't do drugs, he can truthfully answer 'no' to that question. The question is in the present sense, any two-bit lawyer could argue and win against the state on that one if no drugs are presently being used.

The actual questions on the purchase form are actually pretty rediculous. Only a few of them can be proven one way or the other with hard evidence, the rest are just subjective questions about a persons intent. That's what we get when we have socialist leaning lawmakers- a lot of feelgood bullsht and good intentions but no real plan to affect any outcomes in a positive way.
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Old 06-02-2007, 04:22 PM
  #18  
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Default RE: Maryland gun law question

"The actual questions on the purchase form are actually pretty rediculous. Only a few of them can be proven one way or the other with hard evidence, the rest are just subjective questions about a persons intent. That's what we get when we have socialist leaning lawmakers- a lot of feelgood bullsht and good intentions but no real plan to affect any outcomes in a positive way."

You're correct! Seems to me that the whole damn Federal beaurocracy for implementing theGun Control Act or 1968, and the law itself, are all pretty ridiculous. Seems to me that violent crime is a lot worse today before we got this dumb law, and the present law has done nothing except harass us.......


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Old 06-03-2007, 05:05 PM
  #19  
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You might want to stop smoking that !@#$
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Old 06-05-2007, 03:16 PM
  #20  
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Default RE: Maryland gun law question

ok all, im pretty confused lol. i have talked to atleast 10 different people, not including these forums, and have gotten exactly opposing answers lol. one gun store owner said the STET would prohibit me from buying one for the year until STET is cleared, another owner said that it has no bearing on me getting one b/c its not a felony or even a conviction. i called the state police handgun licensing division and they told me that the STET is not a conviction, so it wont prohibit me. im not sure if they know anything about the FEDS, but i would think they would tell me if it would stop me from buying one on any level.

i truly am confused, i feel the only way to get a answer is to wait til my bday (july 30) and see what happens after i apply. when they ask me "are you addicted to drugs" i can honestly/legally say no b/c at the time i wont be. this is so confusing. how can i gettwo exactly different answers from people who are all suppose to know the laws, a cop, and two store owners. and then on these forums i get completely different answers (which, dont get me wrong,i do appreciate your responses buti just want to get this sorted out lol).

also, i know marijuana is not good, but i do it here + there and i am not ashamed of it by any means. i got toa university and work almost every day of my life so i dont think it makes me a "bad" person. its not meth, or crack it aplant.i dont do it when it could become dangerous (driving, hunting, swimming lol) and i feel that noone is perfect and this is somethig i do now but will not forever.i dont do it alot and i appreciate your guys concern, but im just giving my opinion on the matter and how i feel about it. i am usually more smart abouthow i carry it, but i slipped once and they got me and it has made me realize that its not worth the charges on my record, especially when applying for jobs. but im glad there is a STETso i wont have the conviction.thanks alot for all the responses, i hopefully will have a solid answer soon.
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