Expert: n/a - 2/13/2009

Question
QUESTION: Hi, on 02-13-09 i was denied purchasing a gun through the MSP. I called and spoke to the SGT at MSP who denied me, (who was very nice) and he said it was because i had a possession of weapons misdemeanor charge back on  01-14-1991. (couldn't have been more than a pocket knife) I really don't even remember, because it was 18 years ago. He said that was the only thing holding me back. My question is should i (or can I) appeal his decision? Should i look into expunging. Is that really a "disqualifying misdemeanor" (like he said)? Any other insight you have would be GREAT.
Thanks Ken


ANSWER: That is not grounds for firearm restrictions.  You must appeal that decision and put it in the hands of BATFE. Only a felony or a domestic violence misdemeanor conviction will prevent you from purchasing a firearm.  What may happen is you may need to apply and receive a firearm permit first or get the conviction expunged.
There should be no problem with an 18 year old misdemeanor crime.

Also, apply for a Virginia Non-resident permit it's only $100 for 5 years.  Download the application at the VA State Police website. You will receive the permit within a month, Just get your prints done in MD. It doesn't have reciprocity in MD but it proves you are not restricted from firearms.  Just remember to answer he question correctly on the application if they ask about a misdemeanor conviction.  I know the Federal forms you fill out to purchase a firearm never ask about any misdemeanors unless domestic violence.

Good Luck

---------- FOLLOW-UP ----------

QUESTION: Thanks for the quick response. I do feel its a solid attempt too infringe my right. The letter from MSP said they ARE NOT going to file charges on me for perjury on my application. WOW.. I guess cause its so old and was a misdemeanor. But still they dis-approved me. And until it's removed, i won't be approved. You say apply for Va. permit. I have in hand (I requested about a month ago) the FLA. ccw and all info to obtain that. But to be honest applying for FLA. or VA permit is making me nervous. The MSP letter they sent me today said "I am prohibited from buying or owning any firearms". Because of my disqualifying misdemeanor.?? Till I have it expunged (or the other guy at MSP told me have it pardoned) I don't want any more RED Flags going up. MD is not playing fair it seems like? But you say that's NOT grounds for firearms restriction. But It's the honest truth in that is the only thing the SGT. at MSP told me held me back? But as I ramble on here. VA. or FLA. or UT. should approve me with my situation for ccw. But MD won't approve me to purchase one.? Is MD just this ODD?
Thanks Again,
Ken

Answer
MD is a may issue state,  They are violating your rights to own a firearm because the NICS check is in the hands of the state until you appeal it.  If you don't appeal then they win.  If you take their word and do nothing about it then they win.  Check online federal firearm codes. There is nothing in there that states a misdemeanor of possession of a weapon is grounds for firearm restriction.  If your misdemeanor was not domestic violence then you did not lose any rights so why would you have to apply for restoration of rights. You need to speak to a Lawyer if you really want your firearm rights.  I would not let MD State Police give me any false information about a non-violent 18 year old misdemeanor. You can call VA State police they will tell you on the phone that a misdemeanor is not a federal restriction on firearms.  Florida definitely will give you your permit with no problem.  

Good Luck