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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24423
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a Maryland charge misdemeanor of hand gun on person

Customer Question

I have a Maryland charge misdemeanor of hand gun on person witch hold up to 3 yrs in prison in state of md .. I live in Pa now does this disqualify me to own a handgun or fire arm in the state of pa
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


Were your firearm rights restored in Maryland?

Expert:  Zoey_ JD replied 11 months ago.


Under Federal law, if you were convicted of a crime for which the maximum possible penalty was more than a year in jail, you lose your Federal gun rights. Since Federal law trumps state, you'd have no gun rights anywhere in the country.

That could be corrected, if the state that took away your rights in the first place granted them to you again. The Federal government says that if all of your civil rights are restored, including your gun rights, which usually requires an expungement or a pardon on the state level, they will lift their bar against your second amendment rights and you'd be eligible to possess a weapon again.

Maryland will only restore lost firearms rights if you get your offense pardoned. That should be sufficient to get your Federal rights back. Pennsylvania could make you jump through still more hoops of their own, but with a pardon, you are likely to be able to prevail.

You can read about how to get a Maryland pardon on the attached. Pardons are rare, but they are free to apply for and they do not require a lawyer.

Customer: replied 11 months ago.
Idk it was 9 yrs ago when it happen .. I don't know if my right was ever taking in Maryland I know I couldnt own one while on probation but that's over do i find out
Expert:  Zoey_ JD replied 11 months ago.

Thanks for the reply.

If your maximum possible penalty could have been three years of prison, you lost your state gun rights, even if you never served prison time and only got probation.

Maryland does not automatically restore gun rights. You'd need to apply for a pardon. If you didn't get one, then you don't have your gun rights back.