Posted: 3/25/2008 3:05:16 PM EDT
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Getting legal advice on the internet is risky, so you should contact a lawyer. But, the law says for regulated firearms: ยง 5-101. Definitions. Section (g): (g) Disqualifying crime.- "Disqualifying crime" means: (1) a crime of violence; (2) a violation classified as a felony in the State; or (3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years. So, I am assuming your cousins pot bust was a misdemeanor. Under subsection 3, if the crime he was charged with carries a penalty of over 2 years regardless of what he was sentenced to - in his case one year, he is SOL and is not eligible to possess regulated firearms. Meaning if the CDS possession was a misdemeanor and the max penalty is 5 years (even if he was put on probation for one day), he is disqualified. Two things to consider: 1) If pot possession is less than a two year maximum penalty, he should be okay. Keep in mind that he has one strike as being someone possibly addicted to "illegal drugs" since he was charged with a drug crime, even if he doesn't use it. Two strikes on this makes you not eligible as the state considers you a drug offender. I think with booze it is three alcohol related offenses and then you are disqualified. 2) PLEASE CONTACT A LAWYER. If he tries to buy a regulated firearm and he is disqualified for whatever reason, the state WILL charge him with lying on the purchase affidavit and will prosecute him. DON'T RISK IT WITHOUT CHECKING WITH A LAWYER FIRST. Check the Attorney Generals website for MD for press releases. They frequently charge people with falsifying the application. Good luck. Hopefully your cousin straightened up. Also, be careful what you write in forums. The fact that he "gave them to you" is a gray area. It could be considered a "loan" (okay) or an "illegal transfer" (not okay). Anytime a regulated firearm changes possession within state borders (except in the case of a loan) requires the regulated firearms paperwork at the MSP or your dealer. If you did this, you are good to go. Considering he is on probation and cannot possess them, it might be shaky saying its a loan. |