Firearm Purchase Stet Docket

[Tube Screamer]

I was a arrested for a disqualifying crime but the case was placed on the stet docket. It has been 1 year and the case is listed as closed in the court system, however I cannot get it expunged for 2 more years. Can I still legally purchase a firearm?

I can't remember the questions they ask on the form you have to fill out at the FFL. Is there one about being arrested or only convictions?

Update: Ended up playing it safe and waiting it out. Records have been destroyed and life is back to normal. The nightmare is over. I'd like to thank the community for all the advice I've received.

 

[danb]

the legal advice you recieve for free is worth what you paid for it.

 

[cz27jim]

the legal advice you recieve for free is worth what you paid for it.

In fact, it is often worth a lot less than you paid for it.

 

[Tube Screamer]

Let me rephrase. I'm fairly certain I'm in the clear because a stet is not a conviction. I just can't remember if there is a tick box for "have you been arrested..." or only convictions. Is there a place to view the form online? Being able to review it with my attorney would be ideal...

 

[Mulchman]

MSP 77R Question 3 asking for convictions of crimes of violence, question 4 asks if you ever received PBJ for a crime of violence.

 

[Johnthetoolguy]

The search button is your friend.

 

[Tube Screamer]

Thanks guys. Looks like it should be good to go. Just want to get back into shooting now that this nightmare is behind me.

 

[Gryphon]

MSP 77R Question 3 asking for convictions of crimes of violence, question 4 asks if you ever received PBJ for a crime of violence.

A case on the stet docket is not a conviction nor PBJ. Its simply a means for the state prosecutor to hold the case for further action - if warranted.

 

[6-Pack]

Thanks guys. Looks like it should be good to go. Just want to get back into shooting now that this nightmare is behind me.

I wouldn't jump to that conclusion so quickly. A "stet" means the case has not been decided and is "inactive" until the statute of limitations runs. In a legal sense, the charges are still pending because the case has not been ruled upon ( a PBJ, in contrast, is a final judgment: you are on probation for a length of time and if you successfully complete it, the case is dismissed (this is why it is a P Before J).

IAAL, but don't take free legal advice over the internet.

 

[rummy]

i hate it when people are quick to say that you should get a lawyer...for many of us, it is cost-prohibitive to do so....

BUT.

having watched a friend get absolutely ram-rodded by the State of Maryland and subsequently plead guilty to a felony charge over a mis-interpretation on the 4473, it is absolutely worth it...especially given the political climate we are enduring.

 

[anderson76]

The stet docket is an inactive criminal docket. So long as your case remains on the stet docket you will not be prosecuted for the charges. A case is placed on the set docket on the state's motion.

During the 1st year that a case is on the set docket either you or the state can petition the court to have the case put back on the active docket upon a showing of cause. After one year the case can only be removed from the stet docket upon a showing of good cause (much harder to do).

After 3 years case records can be expunged. Having a case placed on the set docket does not involve a plea, finding, or admission of guilt. Nor does it involve receiving a probation before judgment. Nor is it a noll pros.

Generally the state conditions its offer to put the case on the set docket. The general conditions are usually to obey all laws. There might also be special conditions such as community service, drug classes, ect.

You might want to make sure that abstaining from firearms ownership is not one of the conditions in your case. If your are caught violating the terms of the stet docket during the 1st year, it is easy for the state to get the case back on the active docket if it is inclined to do so.

 

[CharlieFoxtrot]

The characterization above of the stet is correct. If you buy a firearm that only requires a NICS check you should be good to go. If you buy one that requires an MSP check then your application will be put on hold as MSP interprets the stet as "pending charges."

 

[TheTruth]

I had a non violent, non disqualifying charge against me when I was 18 that was on the Stet docket (I am 40 now). I had it expunged in my mid 30's for giggles - it is easy and I did it all myself - I did not hire a lawyer as the process is really easy to follow. You still have to report it if you have a security clearance. If I recall correctly, the charge is never fully "dropped" from the MSP records for regulated firearm purchases. I remember seeing some information about this on the forum a few years ago. I believe someone filed a FOIA on the MSP database and that information is preserved and exempted for "public safety" or some such nonsense. It never affected me purchasing any regulated weapons though. My point - remember that the MSP does not play fair and expungements only go so far. I didn't think it was fair at the time (and still dont) because I don't know what interpretation a *progressive* Colonel of the state police might ever do with that information. Before - it was on the CJIS website - it is not now... but I remember (???) someone on here getting crap about a carry permit for not listing something that was expunged off the stet during the limbo period when Judge Legg ruled for us. The MSP knew all about the supposed expunged chage. Take this for what its worth and for sure go with and expungement when you are eligible.

 

[ericoak]

You will probably get a delay than a proceed.

 

[amoebicmagician]

I had a case put on the stet dockett years ago, mainly due to the fact that after I talked to the prosecutor, and he did some research to verify what I said was true, as well as did some checking on the person accusing me, they decided to put the matter on the stet.

That was not a disqualifying crime by a long shot, however.

 

[bbarrows32]

The search button is your friend.

+1

 

[fabsroman]

i hate it when people are quick to say that you should get a lawyer...for many of us, it is cost-prohibitive to do so....

BUT.

having watched a friend get absolutely ram-rodded by the State of Maryland and subsequently plead guilty to a felony charge over a mis-interpretation on the 4473, it is absolutely worth it...especially given the political climate we are enduring.

Here is the thing, most people that come on here with these types of questions are usually contemplating the purchase of a firearm. Last I checked, firearms aren't the cheapest thing in the world. Hiring an attorney to figure out the legal issue is only cost prohibitive because they would rather spend their money on the firearm than getting a legitimate answer to their legal question.

Don't get me wrong. I am all for people taking care of things themselves. If the OP or anybody else can do the research and figure out the answer, good for them. Thing is, I have seen some pretty crappy advice given to some legal questions on this board. So, coming on a chatboard and asking its members a specific legal question, requires that the answers be taken with a huge grain of salt.

The OP is pretty lucky in this thread though because there are at least 3 attorneys that I see in this thread that gave him some pretty decent advice.

As you already alluded to, there is a huge difference between a moving violation with a pre-paid fine and screwing up on a prohibitive crime that is currently on the STET docket.

 

[Gbh]

Here is the thing, most people that come on here with these types of questions are usually contemplating the purchase of a firearm. Last I checked, firearms aren't the cheapest thing in the world. Hiring an attorney to figure out the legal issue is only cost prohibitive because they would rather spend their money on the firearm than getting a legitimate answer to their legal question.

Gotta save some $ to go towards ammo.

 

[Vile Shadow]

I wouldn't jump to that conclusion so quickly. A "stet" means the case has not been decided and is "inactive" until the statute of limitations runs. In a legal sense, the charges are still pending because the case has not been ruled upon ( a PBJ, in contrast, is a final judgment: you are on probation for a length of time and if you successfully complete it, the case is dismissed (this is why it is a P Before J).

IAAL, but don't take free legal advice over the internet.

Very interesting, sir, thank you.

Now, for the OP, what was your crime and what is the statute of limitations on it?

 

[Tube Screamer]

Looking at the form, 11b would be the hang up. As the case is listed as closed but it can be brought back if I went on some sort of crime spree...

Abstaining from firearm ownership was not a condition of my stet, and they did not come kicking down my door to retrieve firearms already registered to me. However, after reading that portion of the document I will definitely consult with my attorney before making a purchase.

Having attached myself to this thread I think I need to make it clear that I am not a reckless thug. I intervened in an instance of domestic violence occurring inside my own residence and got slapped with a 2nd degree assault. I didn't hurt anyone, it was a "threat of deadly force" sort of thing. A subpoena of medical records dug up that the "victim" broke her arm... and thats when the stet was put on the table. 99.9% odds aren't worth a lifetime felony tag. So I took the stet.