The Brady Law got me.. (long)

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Old Dec 26, 2005 | 10:15 AM
  #256  
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From: Md
Originally Posted by WaWaTuSi
Bad idea to write it off. You do that then the state can file for the confiscation and your permanent prohibition from owning any gun and could come sieze any other weapon you have. Citing this case as justification.


Maryland is a pretty screwy state.
That's the same way I am looking at it. As soon as the papers arrive with a court date, I am going straight to my lawyer, with instructions for him to do whatever must be done to clear this up. If it takes, telling the court, that he is going to file to get the charge expunged(if that will do it),get the hearing postponed until that happens, I will go that way. I am hoping just by showing up, with my lawyer, with proof on the kind of person I have been in the last 64 years, letters of recommendations, plus my past history, will resolved the case. In addition, it is on record that they returned one gun to me about 10 years ago. So, I can't be that bad!

Will post the results just as soon as I can.. In the meantime, I just renewed my gun club membership, and will be going to the range during the holidays.

Straight shooting and happy holidays to ya,
 
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Old Dec 26, 2005 | 12:31 PM
  #257  
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MD is my home state, but it's over run with Democrats and other nosensical individuals who are patently anti-gun. It's a shame too because MD is a gorgeous state.
 
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Old Dec 26, 2005 | 01:12 PM
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From: Texas in the heart
Maryland Code Of Criminal Law- Title 4 weapons Crimes

Maryland Code of Criminal Procedure-Title 12 Forfeiture – Controlled Dangerous

Maryland Code of Criminal Procedure Title 13 Other Forfeitures

Federal Firearms Regulations
These are the codes for authorizing the seizure of the weapon. What was the original charge?
 
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Old Dec 26, 2005 | 01:37 PM
  #259  
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From: Texas in the heart
Maryland Code of Criminal Procedure-Title 12 Forfeiture – Controlled Dangerous
At the time of the original arrest, where you in posession of a dangerous drug? If so, it makes a big difference.
 
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Old Dec 26, 2005 | 01:47 PM
  #260  
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From: Nebraska
Yea,

Its been almost month and we still dont know exactly why they think you cant get guns?

I cant tell if he is just as clueless as we are, or if hes beating around the bush....


If you got arrested for a misdeamenor assault " not Domestic " then I dont actually see why they black listed you????

?????
 
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Old Dec 26, 2005 | 01:55 PM
  #261  
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At the time of the original arrest, where you in posession of a dangerous drug? If so, it makes a big difference.
or; was the person charged with posession of a dangerous drug at the time the weapon was seized? If so, you will have a tough time getting that weapon back. Unless that person is willing to testify that you did not sell the weapon to him, and that he had received it from one of your relatives and that you were not responsible for the weapon at the time of his arrest.
 
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Old Dec 26, 2005 | 03:34 PM
  #262  
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From: Md
Originally Posted by expy03
or; was the person charged with posession of a dangerous drug at the time the weapon was seized? If so, you will have a tough time getting that weapon back. Unless that person is willing to testify that you did not sell the weapon to him, and that he had received it from one of your relatives and that you were not responsible for the weapon at the time of his arrest.
None of those come into play. The only problem the police have with giving me my gun back, is the fight I had in the pool room in 1980 or 81.
 
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Old Dec 26, 2005 | 03:39 PM
  #263  
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From: Md
Originally Posted by expy03
These are the codes for authorizing the seizure of the weapon. What was the original charge?
The word I got and this was verbally, that the ONLY PROBLEM in getting my gun back, is the Brady Law. The mark on my record, under the Brady Law makes me not qualified to have the gun. However, and this is from the police themselves. If it is explained to the judge, that the fight was a one time thing, and that the fight happened way before the Brady Law was introduced, I stand a good chance the judge relents and the case goes in my favor. I was going to try to go with it by myself, but now, there is no question, I am getting a lawyer, and tell him to go all the way with this.

The list of codes are the standard on the refusal lettter. It states, that by one or more of the codes is the reason for the refusal.
 
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Old Dec 26, 2005 | 03:41 PM
  #264  
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From: Md
Originally Posted by PONY_DRIVER
MD is my home state, but it's over run with Democrats and other nosensical individuals who are patently anti-gun. It's a shame too because MD is a gorgeous state.
We got a Republican Governor..
 
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Old Dec 26, 2005 | 03:42 PM
  #265  
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From: Md
Originally Posted by expy03
At the time of the original arrest, where you in posession of a dangerous drug? If so, it makes a big difference.
It said at the top of the official letter that one or more of these codes, and then it list those 4 or 5 codes. Didn't state which specific one.
 
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Old Dec 26, 2005 | 03:59 PM
  #266  
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From: Lost some where in the middle of the Ozark Mountains!
I can't find anything with a full description of these codes but according to http://mlis.state.md.us/2002rs/fnote...001/hb0011.doc

Department of Legislative Services
Maryland General Assembly
2002 Session

Title 4. Weapon Crimes.
Title 4 covers prohibited acts involving weapons and firearms. It includes concealed weapons, as well as crimes involving handguns, assault pistols, machine guns, and destructive devices. Regulation of firearms, however, remains in Article 27 pending later revision in the Public Safety Article.

If someone from Maryland could decipher these claims for us. It'd be interesting to hear exactly what they are charging him with.
 

Last edited by PSS-Mag; Dec 26, 2005 at 04:04 PM.
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Old Dec 26, 2005 | 04:12 PM
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I looked up the codes and they are all pertaining to the actual authority to seize the weapon. Not the original charge. Each covers all of the circumstances to which the state can seize. What the Police are saying, (I assume) is that he is a Prohibitive possessor according to the Brady law. That would have shown up on his criminal history at the time of the recovery of the weapon and the search for ownership. If the fight in the pool hall is the only documented crime, then he has a good chance of getting the weapon back. Unless a weapon was present during that crime. If so, Oh well, chalk that one up as a loss.
 
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Old Dec 26, 2005 | 07:11 PM
  #268  
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From: Md
Originally Posted by expy03
I looked up the codes and they are all pertaining to the actual authority to seize the weapon. Not the original charge. Each covers all of the circumstances to which the state can seize. What the Police are saying, (I assume) is that he is a Prohibitive possessor according to the Brady law. That would have shown up on his criminal history at the time of the recovery of the weapon and the search for ownership. If the fight in the pool hall is the only documented crime, then he has a good chance of getting the weapon back. Unless a weapon was present during that crime. If so, Oh well, chalk that one up as a loss.
The fight in the pool hall is my only crime in 64 years. But, some have me labeled as the Public Enemy #1..

It is going to be interesting to see the outcome. In the meantime, I am going to start going to the range at least one a week. Sooths my nerves. Can't hit the broadside of a barn these days. Old age is catching up with me..
 
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Old Dec 26, 2005 | 07:20 PM
  #269  
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Originally Posted by cehowardf150
We got a Republican Governor..

I know, I voted for him when I was on Active Duty and still a MD resident.
 
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Old Dec 29, 2005 | 12:18 AM
  #270  
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From: Angleton, Tx
cehowardf150

You give'em hell

Newt
NRA, LIFE MEMBER TSRA, GREENWOOD GUN CLUB

 
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