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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13129
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I want to purchase a handgun in Maryland. I noticed something

Customer Question

I want to purchase a handgun in Maryland. I noticed something on the Part 1 questions about a "Habitual Drunkard". I was arrested in 1984 and received a PBJ. Probation completed. I was convicted in 1986 of a DWI. Probation completed. I was convicted of a DWI in 2006. Probation completed.
Will this preclude me from being able to own a firearm? I was not convicted 3 times.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

Can you please tell me if any of your DWI convictions was a felony?

Customer:

Yes. I'm online. I'm not sure. I thought they were misdemeanors. Nobody was hurt. there were no accidents. They were all speeding related.

Alex J. Esq. :

Well, first thing would be for you to check to see if any of the DWI convictions was a felony.

Alex J. Esq. :

Felony conviction would preclude you under federal and state law from firearms ownership or possession.

Customer:

What determines a Felony DWI?

Alex J. Esq. :

If both conviction were misdemeanors, they would generally not trigger a federal ban, however the MD state police will review your application during the 7 day waiting period and will determine whether to approve you for this gun purchase.

Alex J. Esq. :

The only way to find out if you were convicted of misdemeanor DWI or felony is to obtain the court disposition of your convictions from the criminal courts where the cases were adjudicated.

Alex J. Esq. :

Does this make sense?

Customer:

I don't believe it was a felony. I don't have the paperwork handy but I still vote. Don't Felony convictions make your voting rights ineligible?

Customer:

That makes sense. I will have to look for the paperwork and Docs. On my last DWI I had a 2 year suspended sentence.

Alex J. Esq. :

In Maryland, even if someone is convicted of a felony, the voting rights are automatically restored upon completion of the sentence.

Alex J. Esq. :

were you permitted to vote while on probation?

Customer:

Yes I was.

Customer:

I did.

Alex J. Esq. :

Well, if it is misdemeanors, it should not generally preclude your from firearms ownership and if denied by MD state police, you will have 30 days to appeal any denial with the secretary of the state police and if still denied, you would be able to have this denial appealed with the local court.

Alex J. Esq. :

Does this make sense ?

Customer:

Does a PBJ equal a conviction? When Probation is complete? If I find that none of my DWI were Felony.... I can answer truthfully that I have not been "Convicted" of 3 Alcohol related offenses. Correct? I have a Firearm on hold pending the clarification of this situation.

Alex J. Esq. :

No

Alex J. Esq. :

once probation is completed, the case is dismissed.

Customer:

So as it stands now... I have 2 convictions for DWI. If the latter is determined to be a felony... will that preclude me from owning a firearm?

Alex J. Esq. :

Felony conviction would preclude someone from having a firearm.

Customer:

Also... if I have taken possession of that firearm BEFORE the Oct 1st law and am denied later... shall I expect my home and personal property be scrutinized and to be incarcerated?

Alex J. Esq. :

It would be a good idea to check your court case dispositions to make sure that they were not felonies.

Alex J. Esq. :

Are you asking what happens if someone purchases a gun with a felony conviction?

Alex J. Esq. :

I am not really sure what your last question is?

Customer:

I agree. What is it I'm looking for on the paperwork? I doubt I'll be looking for a Scarlet "F". Is it the Court... how do I determine 100%. By the way... I work at an Airport and have been verified by Homeland Security for clearance. I said NO to any Felony convictions. Does that help?

Alex J. Esq. :

Well, the only way to know for sure is for you to go to the criminal court clerk's office and request a certified copy of your DWI case dispositions.

Alex J. Esq. :

Unfortunately, it is not good idea to try to guess, as penalties for making incorrect statements on the firearms applications are very severe.

Alex J. Esq. :

does this make sense?

Alex J. Esq. :

Do you have any related follow up questions?

Customer:

My last question pertained to if I was to take actual possession of a firearm before I get the background check back. In Maryland we have a 7 day waiting period. There is a HUGE backlog of background checks. As far as I know... I have had NO Felony convictions. Wouldn't a Homeland Security check show that?
You make a lot of sense. Thank you for your help. I need to find my paperwork.
So just as a fyi... will I be seeing in the paperwork "Felony" ... "Misdemeanor"?

Alex J. Esq. :

Correct

Alex J. Esq. :

Your court case disposition will show whether you were convicted of a felony or misdemeanor

Customer:

Thanks Alex. You have a great night.

Alex J. Esq. :

more likely these are misdemeanor convictions, but it is better to be safe than sorry...

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13129
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hey Alex, I found the Court summons. It has the Charges listed. Can you make sense of this?
Charge: TA 21902 B1
(Driving, Attempting to drive) Veh. while impaired by alcohol

Charge: TA21902 A2
(Driving attempting to drive) Vehicle while under the influence per se

http://www.courtmailmd.com/documents/Violations_Listing.pdf

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kasey,

Thank you for your follow up.

I did some research on this and it appears that the law is not really clear whether PBJ would count in Maryland for the purposes of counting the number of overall DWI convictions, but Maryland has a lookback period of only 5 years, so it is extremely unlikely that you were charged with any of the DWI as a felony, but still I would strongly suggest that you do check the actual court disposition to make sure.

Here is the link to the relevant MD law related to your charges:

http://dui.drivinglaws.org/maryland.php

I wish you the best of luck!
Customer: replied 1 year ago.

Thanks Alex. I appreciate the follow up. I'm meeting with an Attorney tomorrow to check the details. Thank you for your help.Take care.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kasey,

I am happy to hear that you are consulting with the local attorney on this issue, as it is always better be safe than sorry and make sure when it comes to a purchase of firearms and to make sure that the process is done right and according to all the state and federal laws.

I thank you for using JustAnswer.com and for your generous bonus!

Customer: replied 1 year ago.

Thanks Alex, My intent is always to stay within the framework of the law and to exercise my rights within afforded to me by the Second Amendment.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kasey,

Thank you and God bless you!
Customer: replied 1 year ago.

Thank you Alex, and God bless you and your Family. Namaste.

Expert:  Alex J. Esq. replied 1 year ago.
Thanks!

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