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Posted: 3/14/2015 10:37:13 PM EDT
| hey all.im new here.i was just denied a purchase of a windham i ordered online for a transfer at lgs.i apealede .i am ashamed but i have a dui 22 yrs ago and one 9 yrs ago.is that the reason?in maryland 2nd dui is punishable of 2 yrs jail.meanwhile i have a paid for unreturnable ar sitting at a gun shop.the goverment certainly didnt mind when i was a paratrooper in the 82nd drawing everything we had to offer.whaat are my options? |
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they just gave me a heartbreaking phone call.i appealed with nics.i dont know what else to do Talk to a lawyer. Honestly, most of us won't know Maryland's specific laws especially considering they tend to be rather anti-gun and confusing. Call your local bar association and ask them to recommend someone. |
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they just gave me a heartbreaking phone call.i appealed with nics.i dont know what else to do I'm not sure at all if this is legal, and you should definitely check first. But if you're not a felon, you could buy your upper and mill out an 80 percent lower. As long as you're not a felon, I don't think you'd be breaking any laws.... |
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Was your last conviction alchohol or drug related? "Addicted to a controlled substance" was the reason for my denial while on probation for dwi in Texas. However, alchohol is not a controlled substance and I never underwent mandatory treatment for such. I kindly but firmly explained this in my appeal letter along with a printed out cfr that explained it in black and white. I still get delays every time. But no more denials. Unfortunately if they can "proove" that you are an addict to a cs as outlined. You "answered the transfer untruthfully" and will be denied. Only an attorney can undo that. And at great expense I'm afraid. If your a felon. Do not pursue the matter any further.
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| As for the paid for ar, no gun shop can legally take your property. Find a friend to sell it too at a loss if you have to. or stike a deal with the owner in trade for a high end scope or something and sell it to offset your cost. I'm truley empathetic to you. Some mistake last a lifetime. |
| My chl was revoked for 5 years. The punishable for up to 2 was kicker in Texas, even for a misdemeanor it s the sentance time that federally changes your gun rights. I was very suprised talking to my lawyer about this. His advice was pursue the admin appeal process then the legal process. My appeal took two weeks |
| No, a dwi in Texas is a class b misdemeanor. However over a certain bac makes it "enhanced" with much harder punishment. I served no jail time save the night of arrest. But it was punishable for up to 2 years max . As for Maryland, I have no idea but can only assume everything is worse |
| think about that. If some one has multiple offenses in x ammount of time the jail sentence could be quite a long time. Weather probated or served it can't automatically be a felony if the offenses were minor Or misdemeanor. A probation violation or similar can stack against a misdemeanor offense landing you in jail for a bit. But your not a felon. The statue under your charge determines that. |
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As for the paid for ar, no gun shop can legally take your property. Find a friend to sell it too at a loss if you have to. or stike a deal with the owner in trade for a high end scope or something and sell it to offset your cost. I'm truley empathetic to you. Some mistake last a lifetime. That would be a straw purchase and very, very illegal. |
| Don't want to pull you from this forum since there is a lot of good info here, but maybe you need to ask this question on MDShooters. There are a lot of Maryland lawyers on there just waiting to help folks out with questions like yours. Plus the forum is MD dedicated so a lot of the guys on there know MD laws, and gun dealers pretty well. Hope everything works out for you.. |
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No, a dwi in Texas is a class b misdemeanor. However over a certain bac makes it "enhanced" with much harder punishment. I served no jail time save the night of arrest. But it was punishable for up to 2 years max . As for Maryland, I have no idea but can only assume everything is worse In Texas a high BAC (0.15 or more) only enhances a Class B misdemeanor DWI to a Class A misdemeanor. In Texas the only offenses punishable by up to two years in jail are state jail felonies. The only DWI related offense that is a state jail felony is DWI with a child passenger. The child passenger is the enhancement, not the BAC. |
| I'm not going to dig out paperwork I wish I could forget to prove a point, I never committed a felony, but was punished as though I raped the first lady. To the original poster, finish your appeal first, then explore your legal options. Hopefully there is a solution for you. |
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That would be a straw purchase and very, very illegal. Quoted:
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As for the paid for ar, no gun shop can legally take your property. Find a friend to sell it too at a loss if you have to. or stike a deal with the owner in trade for a high end scope or something and sell it to offset your cost. I'm truley empathetic to you. Some mistake last a lifetime. That would be a straw purchase and very, very illegal. You totally misread that. The friend or whoever would fill out the paperwork and keep the weapon, but would give skymortar the money. |
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I'm not saying you can't petition for a reversal, but I also am not sure where the confusion is coming from.
Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you a shorter sentence including probation? Yes, I have been convicted of two DUIs, one of which entailed a possible two year sentence. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substances? Yes, I have been convicted of two DUIs. That means I was engaging in unlawful use of a depressant, and since it happened twice, It indicates I am addicted to alcohol. Also, if you had answered yes to these questions at the shop, the dealer probably would have declined to send your paperwork in. If you answered No, you also falsified information on the 4473. Once they found contradictory information, that is an automatic denial. Probably with no recourse. In that case, you are lucky they didn't decide to arrest you. Maybe they are/will. |
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Personally I don't think someone who has TWO DUIs should own a firearm. Call me what you will but it shows A) you have an alcohol problem and B) make bad decisions when intoxicated. Are you going to get drunk and decide its a good idea to let off a mag..."just for fun". Don't do the crime if you can't do the time...
Plus, let's be honest, you have TWO DUIs. How many dozens or hundreds of times did you drive drunk and not get caught? You are not a responsible person. FYI, two good friends of mine were killed by drunk drivers. I have zero sympathy for people who couldn't care less about everyone else on the streets because they can't control themselves. Thank you for your service though and I hope it's not what led you to drink. |
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Personally I don't think someone who has TWO DUIs should own a firearm. Call me what you will but it shows A) you have an alcohol problem and B) make bad decisions when intoxicated. Are you going to get drunk and decide its a good idea to let off a mag..."just for fun". Don't do the crime if you can't do the time... Plus, let's be honest, you have TWO DUIs. How many dozens or hundreds of times did you drive drunk and not get caught? You are not a responsible person. I think that is going a bit overboard on the matter. I am willing to bet the majority of DUIs are caught and convicted due to LE fishing expeditions, not because the driver was a danger to himself or anyone else. And how do you know he didn't stop drinking completely after that second DUI? |
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Thank you for your service though and I hope it's not what led you to drink. Like a tacked on "Fuck you very much, and have a nice day." 
It's hypocrisy. I hate hypocrisy. 
"Rights aren't Rights if someone can take them away from you." -George Carlin No one's rights should be revoked for stupidity; that defeats the purpose of fundamental rights, because everyone's stupid in some way. It's apart of being human. Now here's where that comes into play; is stupidity a crime? Should a momentary lapse in judgment cost someone their fundamental, unalienable Rights? I believe not. Aside from that, it's a DUI. Not a "SUI," assault, manslaughter, murder, etc. If he cannot be trusted to not drink and drive, he cannot be trusted with one of those two aforementioned items. It has nothing to do with firearms, and there has been no evidence presented that would prove otherwise.(Again, a former Paratrooper. Seriously? Can't be trusted with a gun, oh no, but you've no issues with him driving? Double hypocrisy) Now which is easier to remove from his reach? Driving, as one needs a license and registration to drive without the risk of going straight to jail. Frankly, I believe those with multiple DUI's over a short period of time should have their licenses permanently revoked, but that's me, as it makes more sense than revoking all of one's Rights for something unrelated to said Rights. And just so you know, a good friend of mine, Eric Eiler, was killed by a drunk driver. His friend, who I'll refrain from naming, threw a few back before trying to drive them both to the store and then home again in the middle of the night. Moving on, a felony is any crime punishable by 1 year or more in a state or federal penitentiary. Last I checked, DUI is still a misdemeanor in Maryland; it's pertinent to the Transportation Article, so it's not actually a criminal offense, though the punishment of jail time makes the distinction rather muddy.(An actual lawyer specializing in Maryland's DUI laws would be necessary to fully explain it) And since the OP did not serve over a year in prison, I'm fairly sure it wouldn't be considered a felony conviction, so an appeal should work things out. If you've got issues with the sauce, signing up for some AA meetings will help with more than just the legal proceedings. Best of luck to you, OP. And thank you for your service. |
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Moving on, a felony is any crime punishable by 1 year or more in a state or federal penitentiary. Last I checked, DUI is still a misdemeanor in Maryland; it's pertinent to the Transportation Article, so it's not actually a criminal offense, though the punishment of jail time makes the distinction rather muddy.(An actual lawyer specializing in Maryland's DUI laws would be necessary to fully explain it) And since the OP did not serve over a year in prison, I'm fairly sure it wouldn't be considered a felony conviction, so an appeal should work things out. If you've got issues with the sauce, signing up for some AA meetings will help with more than just the legal proceedings. Best of luck to you, OP. And thank you for your service. "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you a shorter sentence including probation?" He was convicted of DUI which means he could have been, or was, sentenced to 2 years. The form states any crime, in any court, and could have been imprisoned. Whether or not it was a felony or he did or did not serve the time is irrelevant. I don't necessarily agree with it, but he is disqualified based on current criteria. |
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