Maryland gun law question
 

hey all. I have a question that I cant find on the web. Long story short, I was in Alleghany county, MD, and was camping. DNR found some marijuana on me, gave me a little citation and let me be. Court date is june 8th. The officer said theysee it alot outthere and I will probably be put on STET docket - (which means they arent convicting me, they put case on "backburner" and if after 1 year I dont get in any trouble, it gets classified as a not guilty). I have always wanted to buy my own pistol for hunting/targets, and I turn 21 july 30. but today I asked myself:Will this STET docket phohibit me from buying one? Its not a conviction, but because it is on backburner does it mean I cant til the year is over.You guys seem pretty knowledgable, so I thought I would give it a shot. thanks alot

RE: Maryland gun law question
 

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.

RE: Maryland gun law question
 

thanks big. yea i is only a misdem., i mean they only gave me a citation and let me continue camping. but a gun-store owner today told me that i couldnt because of the STET, but i didnt really understand his explanation (or beleive him in all honesty). i hope so b./c I really want a pistol, I have a small-fetish for them lol, especially unique ones. so hopefully your right. thanks buddy

RE: Maryland gun law question
 

No you can not legally purchase a firearm.


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

Now that there is a legal police/ court record of your illegal use of a controled substance youu're SOL.

RE: Maryland gun law question
 

Wow, that stinks. Sounds like you have to wait until this blows over.

RE: Maryland gun law question
 

What Bigbulls said....
Do whatever it takes to get that off your record or you'll never legally own a gun again. It might take several years and a sympathetic judge. I had a friend who had a felony drunk driving conviction (it was a car crash and a child was involved) and was able to petition a judge to get his rights reinstated so that he could go hunting again, but he had to wait about 7 years and keep a clean record.

RE: Maryland gun law question
 

but what i dont understand is that its not a felony charge. im not even convicted of it. its just on like a standby until a year passes. I thought even if you convicted of a misdeminour, it doesnt prohibit you from purchasing one. I thought only felonies did. plus I was even convicted of it. this sucks theen b/c i thought it had to be a felony, and I have been looking forward to this for a while lol. Im gonna call the state and ask but I really hope I can.

RE: Maryland gun law question
 

..also wanted to say that the STET converts to a "no guilty" in a year and in 3 years i can have it totally expunged from my record. Its just hard for me to understand beccuase it is a misd. thanks alot please add any thing else

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, you know what I mean. I dont know, im just trying to understand and I appreciate everyones help with this

RE: Maryland gun law question
 

Neither is 'domestic violence.'

Because of the incremental system of taking our rights away, you can lose your right to own a firearm forever if you get in a shouting match with your wife or girlfriend and someone calls the police- no physical conflict is even necessary to get you railroaded into pleading guilty to a misdeameanor so that you don't have to spend a weekend in jail for it. To make it worse, no judge is going to sympathize with a person labelled as a 'wife-beater' regardless of the circumstances surrounding the arrest.

I'm not a lawyer, but you should be ok, if you get a 'not guilty' verdict. As far as being a drug user, stay clean, give up the dope- its not one of those hobbies that's going to get you ahead in life and you have a lot of good life ahead of you. If you have the charge changed to a 'not guilty' I would think its the burden of the Feds toprove if you are a drug user or not.

I'm pretty much getting sick of our crap system where people lose rights over meaningless laws that don't do anything to protect anyone from anything. If things keep heading the way they are, everyone will be a criminal in one way or another and a person can be shipped off to a detention center at the whim of the government.

*steps off the soapbox*

RE: Maryland gun law question
 

Before it asks if you are "addicted to" it asks "are you an unlawful user of" which at least at this point you are.

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.

Caldoc

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.

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.

RE: Maryland gun law question
 

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!!

RE: Maryland gun law question
 

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.

RE: Maryland gun law question
 

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.

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.......

RE: Maryland gun law question
 

You might want to stop smoking that !@#$;)

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.

RE: Maryland gun law question
 

Bottom line is this... period, end of story, do not pass go, do not collect $200.

When you fill out a 4473 (instand background check paperwork) you must answer truthfully 11 questions YES or NO.

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

YES you are an unlawful user of marijuana. No question about it, you nowhave a police record to prove it.At least until you are found not guilty. You must answer yes to this question.

If the proper answer tothis questions is yes (and question "E" is a yes) and you answer "NO" then you commit a felony and can be imprisoned for up to 10 years and be fined up to $250,000.

Do what you want, it's your life, but under the law you can not purchase a firearm legally right now.

RE: Maryland gun law question
 

see that makes sense, to a degree, but why would others tell me different...? people who are suppose to know.

i see what you mean, but If i say "no" im not an unlawful user, how is that lieing? if at the time i am not an unlawful user. what makes me a lawful user after the year is up? also, its only a misdeminour, so even if they didnt put me on STET, and i got a straight conviction for simple possession, how does that disqualify me? im not saying your wrong, by any means, im just lookin at all possbiilities. if everyone i asked agreed and said no i couldnt buy one, then i would give it up. but since some have said yes and some have said no, im stuck with continuially looking for the truth.

RE: Maryland gun law question
 

Because you have a current police record. Do you not understand this? This isn't 10 or 20 years ago it is NOW.

Soem states Medicinal use is legal. Maryland probably isn't one of these states and any use is probably unlawful. So if you continue to smoke it then you are an unlawful user.

RE: Maryland gun law question
 

but how can they tell i am a user? im not saying ur wrong bigbull, i just dont know why i have been told that it doesnt matter by police + gunshop owners. if i have a record that shows i got a citation in march, and i answer "no i am not a drug user" in august, and im truly not smoking then, then how am i lieing? even if it were to say "have u been convicted of a drug charge" then I could still say no because i wasnt convicted, i was on STET. And, to exhaust the situation, if i was convicted, right, then how long would i have to wait to purchase a handgun? that one misdeminour marijuana charge would stop me for ever from buying a handgun? i dont know. again, u are probably right, im just voicing my opinion

RE: Maryland gun law question
 

The guys above are 100% right. I've told you the same thing in the MD forum. You do have to answer the question on the ATF form 4473 and if you are caught lying on the form it's a felony. It's that simple. You seem determined to go ahead and try to purchase the firearm and are looking for anyone to agree with you. You mentioned that MD licensing said you wouldn't be denied because of a STET, but you didn't ask them if you'd be denied as a user. They answered the question you asked them. Get yourself cleaned up, get some help, get the legal situation taken care of and then after all of that, maybe then you should worry about getting the handgun. Argue it as much as you'd like, but what the guys said above is 100% right.

RE: Maryland gun law question
 

Ok, well maybe you guys can cite where Question E has been used on a situation like this fella is in. I bet there's not a case in the country where an occasional dopehead has convicted and put in jail over question E. Sure, a habitual user maybe, and still question E is a waste of ink. I bet over half or more handgun owners have used pot. i know I did for years. I still bought handguns.

I realize you guys are sticklers about this, as bigbulls probably runs a shop or something. And I understand that, but common sense will go far here.

RE: Maryland gun law question
 

He asked if he can legally purchase a firearm. Asread the situation the answer is no.

I'm tired of saying the same thing over and over. Ask the BATF.

http://www.atf.treas.gov/contact/index.htm

RE: Maryland gun law question
 

I guess common sense just can't prevail on internet forums.

RE: Maryland gun law question
 

Sure it can but we aren't talking about common sense. We are talking about gunlaws. And as we all know there is little common sense in any of the current gun laws.

RE: Maryland gun law question
 

Ihave to agree with Bigbulls on this to a point. Once you are cleared and have a not-guilty judgement, you should be in the clear. Until then, I wouldn't try to purchase a gun.

Exactly. The Federal agency involved is the same that made ruling that possessing a certain spring is the same thing as possessing a machine gun. [:'(]

RE: Maryland gun law question
 

Here it is, plain and simple. There are 9 Federal prohibitors. They are:

1) Under indictment for or has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2)Is a fugitive from justice;
3)Is an unlawful user of or addicted to any controlled substance.
4)Has been adjudicated as a mental defective or has been commited to any mental institution;
5)Is an alien illegally or unlwfully in the United States;
6)Has been discharged from the Armed Forces under dishonorable conditions;
7)Who, having been a citizen of the United States, has renounced citizenship;
8)Is subject to a court order that restrains such person from harassing, staking, or threatening an intimate partner or person;
9)Has been convicted of a misdemeanor crime of domestic violence.

Argue what you will, but he had marijuana, has an open case in court concerning marijuana and has admitted using marijuana. If it looks like a duck, quacks like a duck....

RE: Maryland gun law question
 

Geterdun2,

The only part of question E that pertains to you is the, "Are you a user". Obviously you could stop tomorrow and your answer to this would be no.

However, with that said, you have just indicated on a public forum that you fully intend to continue to use marijuana. You have just given potential proof against yourself.

As for the issue of using the stuff, I feel it just happens to be illegal. I think it is safer than alcohol in many instances and people don't smoke weed and beat the wife. However, I think it isn't a good thing to be smoking or drinking. In the end I'm sure you'll find you don't need it and wondered why you did it in the first place. It's called getting old.

Tom

RE: Maryland gun law question
 

slicendice - I am determined to find out the correct information. like i said, If i have been told by everyone I asked what the answer is, then this post would have ended on page 1 b/c if everyone says it, then im not an idiot, iwould take there word for it. but thats not the case - i have had numerous answers. im just trying to determine the definite truth, I dont give up easy if i feel there is something i can do about a certain situation. I love firearms and hunting and just b/c i smoked a smoked a bit of weed, doesnt mean im bad or even irresponsible enough to safely own a firearm and use one. also, i dont think i need professionalhelp as you are saying,it is illegal which concerns me to a degree, but i dont think its completely terrible morally, as long as its used save. i dont smoke crack you know lol. but i respect your opinion

bigcountry - I agree with you, but i guess the point they are making is that i have a official record of me associated w/ marijuana. my thought is that just b/c i used once, why does that mean i have to bea "user" forever, lol. why couldnt that citation make me say, "hey, marijuana is the worst thing in the world and ill never do it again". i could then answer "no im not a user". if the question said "have you been arrested for drug charge.." then i would have to say yes, but how do they know i use drugs...? thats what im trying to understand

bigbulls - i dont want to make you say it over + over ,im just putting forth what information i have collected from a multitude of sources. never did i say your wrong, and i respect your opinion and attempts to make me understand, sorry if im notundersting like you wantedme to, but im trying. I will defintely contact the BATF, right after i finish this post.

Briman - i see where everyone is coming from, bigbulls also. but, i have not been convicted of anything.

ok..just say, I was convicted of simple possession, no STET, a straight guitly plea, so now i have a misd. charge on my record, how long would i have to wait to get a firearm then? I mean a simple possession / misd. cant prohibit me from ever buying a firearm (can it?). would it be a year, a month, or what? in the application, i didnt see anywhere it said narcotics within the last year, or does it?

statjunk - when did i say iwill continue to use? i said i use here + there, which is what i have bee doing,but i could stop today, fill out the form saying "no, i dont use drugs", and not be lieing about anything b/c i dont really use them. thats where im gettin confused. just because i have a STET (or even a formal), why does that make me a "user" 100% all the time forever? dont people give things up? just to go even farther, what if i said "no i dont use drugs" on form, I get the firearm, and then a month down the road start smoking again, i did not lie at the time of the purchase. im just given situations that could lead to a answer

to everyone, i appreciate everyones ideas, both supportive and non, and thank u guys for trying to help me out. im going to contact the BATF and see what they say and continue to consider your ideas. im not trying to "get around anything" and i defintely wont try to lie on the damn form lol, i dont want to go to jail for this, im just trying to determine a legal, honest way to buy a firearm without being devious, or lie, or tamper w/ evidence lol none of those. thanks alot all

RE: Maryland gun law question
 

Why not just go buy a gun out of state. The problems seems to be purchasing a gun in state under his current circumstances, not actually having one in his possession. Or am i way off base here?

As for the issue of pot, I would much rather see an occasional toker own a gun than someone who handles their guns while drinking. If that type of law was enforced, gun ownership would drop off quite a bit.

RE: Maryland gun law question
 

lanse CC- im not sure about different states, i beleive the problem (if there is one) would be with the FEDS, b.c like i said i called the State firearms licension division and he said that it wouoldnt stop me, so im guessing it might be ok with the state but the problem might arrise federally. i just wrote the ATF so we will see what they have to say.

i agree, i think pot is not great, but not the worst either. i dont drink or do any other drugs at all, so i feel a lil her e+ there is ok but now since i got this citation, i have not been doing it hardly at all. i never do while handling guns and have never had a problem b/c i have seen first hand what guns do to deer, and humans, and would never want to accidentally shoot someone (or myself) becuase i was high and misjudged something.

RE: Maryland gun law question
 

Does your state require a federally issued permit to own a firearm? If they don't then i don't think that the feds would have anything to do with your possessing a firearm. Please note, I'm just thinking out loud and would be talking to a lawyer if i was you.

RE: Maryland gun law question
 

i agree, i will talk to a lawyer after, and if, the BATF replies to my email and see what they say. im not sure tho, im not familiar with process becuase i have never bought one, so all i have been doing is thinking out loud as well. i know, or think, the feds does a check, so im guessing i must have a FED permit. What is your state like? do you have to have a FED permit?

RE: Maryland gun law question
 

No surprise there. Ask any question here, or on any internet forum and you'll get at least half a dozen different opinions. A lot of the folks here know guns and they have differences of opinion. Most folks probably aren't lawyers, the different answers is a good indication that you're not gonna get the real answer online. Sad as it may be, if you want an answer to a question regarding the law you're gonna need to talk to a lawyer. Get your paperwork together, get a copy of the questionnaire, and schedule some time with a criminal attorney. You don't want to make a bad situation worse.

I was talking with the owner of a gun shop I frequent, poking fun at the questions and asking who would ever answer "yes" to any of those. He explained how all he hears on the background check is a yes or a no, however that "no" is usually followed-up by a knock on the door of the guy who tried to buy the firearm by law enforcement. Worse would be to have your paperwork get joined up after the fact and they decide you'd lied on the form and already had the gun.

RE: Maryland gun law question
 

good point. i would hate to be innocent and simply make a bad judgement on the application and have FEDs knocking on my door - not my idea of a good day. so yea i will hear what the ATF says and then contact a lawyer. i didnt realize how easy it would be for me to be honest and answer no, but for the FEDS to see it differently and lock my ass up lol, for something that i didnt knowingly and unlawfully commit.

RE: Maryland gun law question
 

Geter,

I live in Ohio where no permit is required. I have bought one gun, a rifle, since moving here. They did a 10 minute background check and i walked out of the store with the rifle. Before that, I lived in illinois where a gun permit is required to purchase or possess a gun or buy most ammunition. However, if you are a non-resident and are in Illinois to hunt, you don't have to have a permit to possess a gun. Go figure.