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9/22/2017 12:11:25 AM
Posted: 7/23/2005 12:11:59 PM EDT
I hope someone on here can help me or point me in the right direction. In 1995, I pled guilty to misdemeanor assault. I got a 2 year suspended sentence and a year probation. Back then assault and battery was a COMMON LAW offense. Federally, I am unable to purchase weapons. What I would like to know is if Maryland offers any relief to my situation. I have already applied for a pardon but that will take years (I applied in 2004 and they have just started work on 2003 applications) Any suggestions???
Link Posted: 7/23/2005 3:11:11 PM EDT
Even if Maryland offered relief for such things (which they wouldn't, because Maryland is probably in the top 5 for most anti-gun states in the country), how would it change your Federal disability? Just because the state says it would be legal for you to own weapons, wouldn't you still be committing a federal offense if you were in posession of weapons? I'm not saying I agree with the law or that what the government is doing is right, but there's not much you can do to change federal law.
Link Posted: 7/23/2005 7:24:31 PM EDT
Ok..does MD offer restoration of rights priviliges? If so, I can apply to have them restored and thus apply to the feds to amend my record.
Link Posted: 7/23/2005 7:44:15 PM EDT
In MD a former citizen of the year, good guy etc got all his guns taken away because he had a misdemeanor from like the 60s that COULD have resulted in a > 1 year sentence, or something like that. Guy was a vet who was spit on by some hippies. He got no break.
Link Posted: 7/23/2005 10:54:52 PM EDT
Originally Posted By The4thHorseman:
Ok..does MD offer restoration of rights priviliges? If so, I can apply to have them restored and thus apply to the feds to amend my record.[/quote

So if you can find a state that is willing to restore your rights, the Feds will restore them as well? And it doesn't have to be the same state in which your conviction occurred? Sounds too good to be true. I recommend looking into Virginia...I recall they just passed some new laws this past legislative session dealing with restoration of firearm rights. Not sure if its applicable to your case, but worth a shot. As for Maryland, there's no hope. Maryland would take away your gun rights for the rest of your life if you got a fine for jaywalking.
Link Posted: 8/1/2005 7:42:02 PM EDT
heres is some info you may find helpful...........even though common law assault (now reffered to as 2nd degree assault) is and was a misdemeanor, any sentence that carries a STATUTORY sentence (read poss. max.) in excess of ONE YEAR is considered a prohibiting conviction as far as the feds go................however...........its is possible (note I didnt say probable) to rec. a full pardon and have it expunged from your record AND have your firearms privliges restored. It sounds like the only legal way is to go the long way..............................
Link Posted: 8/2/2005 8:22:08 AM EDT

Originally Posted By The4thHorseman:
Ok..does MD offer restoration of rights priviliges? If so, I can apply to have them restored and thus apply to the feds to amend my record.



If your rights are removed Federally then it takes the Feds to restore them. As the BATFE is prohibited - BY LAW I should add- from using it's funds to restore firearms rights, your chances of getting a restoration are ZERO.
Link Posted: 8/2/2005 8:59:24 AM EDT
read, alot of money & lawyers........inprobable but poss.........there are prob. a bunch of lawyers that specialize in this stuff.............
Link Posted: 8/4/2005 12:46:57 AM EDT

Originally Posted By beware1gun:
heres is some info you may find helpful...........even though common law assault (now reffered to as 2nd degree assault) is and was a misdemeanor, any sentence that carries a STATUTORY sentence (read poss. max.) in excess of ONE YEAR is considered a prohibiting conviction as far as the feds go................however...........its is possible (note I didnt say probable) to rec. a full pardon and have it expunged from your record AND have your firearms privliges restored. It sounds like the only legal way is to go the long way..............................



Yes beware1gun..what I was told was the only way to get the record expunged and thus have the Feds recognize me as eligible again is to apply for and receive a pardon. After receiving said pardon I can then have my records expunged. THEN the federal law prohibiting me now would not apply. Only thing is Maryland just started on 2003s applications for pardons. I applied in March 2004! I was just exploring any and all avenues that I may not know of or considered. As for Forest's comment...I must beg to differ..my research in this matter (VERY EXTENSIVE AND INTENSIVE) shows that if you are found ineligible at the state level you can GENERALLY have your rights restored at the state level and thus GENERALLY be recognized as eligible at the federal level. Of course laws, regs and procedures differ from state to state!
Link Posted: 8/4/2005 11:06:12 AM EDT
And this is what the BATFE says (http://www.atf.gov/firearms/faq/faq2.htm#17)


(A10) Q. How can a person convicted of a felony apply for relief from firearms disabilities? [Back]

A. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. section 922(g).) The GCA provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See 18 U.S.C. section 925(c).) The Secretary delegated this authority to ATF.

Since October 1992, however, ATF's annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 107-67, 115 Stat. 514, which contains ATF appropriations for fiscal year 2002. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. Consequently, we cannot entertain any individual's request for firearms restoration while this prohibition on the processing of such applications remains in place.

Furthermore, the restriction contained in Pub. L. No. 107-67 does not change the status of prohibited persons. They are still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law.



(A11) Q. Are there any alternatives for relief from firearms disabilities?[Back]

A. Current alternatives as follows:

Persons convicted of a Federal offense may apply for a Presidential pardon. Sections 1.1 through 1.10 of the Code of Federal Regulations, Title 28, specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, NW., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside for information concerning any alternatives that may be available.




Like I said if you need Federal relief you're SOL.
Link Posted: 8/4/2005 10:27:09 PM EDT
And like I said Forest....you are wrong! You should really stop disseminating wrong information. I was not convicted of a felony, so I have no reason to interact with the BATF:


Department of Legislative Services
Maryland General Assembly
2002 Session
FISCAL NOTE


Senate Bill 892


(Senator Hafer, et al.)

Judicial Proceedings






Criminal Convictions - Restoration of Civil Rights





This bill restores the right to possess or receive certain firearms to individuals who have been convicted of a common law misdemeanor under State law and sentenced to serve a term of confinement of: (1) 30 days or fewer; or (2) more than 30 days and fewer than 6 months, if more than 10 years have passed since the expiration of the sentence, including any term of parole or probation.

The bill is effective July 1, 2002.

Fiscal Summary


State Effect: Restoration of the civil rights of certain convicted individuals would not by itself significantly affect State operations or finances.

Local Effect: None.

Small Business Effect: None.


Analysis


Current Law: 18 U.S.C. § 921 (20) prohibits individuals who have been convicted in any court of a misdemeanor punishable by a term greater than two years from possessing or receiving firearms or ammunition. However, any conviction which has been expunged, pardoned, or for which an individual’s civil rights have been restored, is not considered a conviction.

Background: Under Maryland law, there is no maximum penalty for common law crimes; the only cap on imprisonment is the constitutional prohibition on cruel and unusual punishment. Therefore, under federal law, a conviction for a common law misdemeanor is considered a misdemeanor punishable by more than two years’ imprisonment, which disqualifies an individual from purchasing or possessing a firearm. Under Maryland law, a person convicted of a common law offense is disqualified from purchasing or possessing a firearm only if the sentence actually imposed exceeds two years.

Before 1996, assault and battery were common law crimes in Maryland. Therefore, under Maryland law a person convicted of common law assault and battery could legally possess a regulated firearm if the person received a sentence of imprisonment of two years or less. Under federal law, however, a conviction for common law assault and battery disqualifies a person from purchasing or possessing a firearm because a term of imprisonment of more than two years was possible. In 1996, Chapter 632 enacted the current statutory crimes of first and second degree assault. Both of these offenses disqualify an individual from purchasing or possessing a regulated firearm under both State and federal law.

Some examples of current common law misdemeanors are resisting arrest, solicitation to commit a crime, attempts to commit crimes (unless an attempt crime has been codified, such as for murder, rape and sexual offense, and robbery), false imprisonment, hindering a law enforcement officer, and riot.

State Fiscal Effect: The bill is not expected to materially affect the number of firearms licenses issued by the Maryland State Police.


So you see it is quite possible to regain yourfirearms rights at the state and federal level. You do not need to apply to the BATF for relief. The only federal contact that is needed is to contact the FBI-NCIC to update their records once a pardon and expungement are obtained.
Link Posted: 8/5/2005 7:00:19 AM EDT
Originally Posted By The4thHorseman:
So you see it is quite possible to regain yourfirearms rights at the state and federal level./quote]

Yes and that would explain why the Attorney General is removing firearms rights from solid productive citizens who had minor scuffles 30+ years ago..
Link Posted: 8/13/2005 10:21:38 AM EDT
In MD under the Public Saftey section of the Criminal Record ( used to be called Anootated Code of Maryland) A "prohibited person" from possessing firearms includes even second degree assault which is a misdemeanor. It states any crime of violence.

Horseman. Unless you can get your NCIC record expunged, then I don't think you would be able to own and purchase firearms in MD.
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