- May 22, 2005
- 122,908
Off topic posts removed.
Need advice - Background check denied
- Thread starter Xfade
- Start date
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Just an update.
My attorney has been in contact with someone higher up at the "department of public safety & correctional services", who is apparently going to fix my rap sheet. Honestly though I'm concerned on how long it will take them to do it. They didn't make it easy to get in touch with anyone over there who had any authority. I don't understand the smoke & mirrors when it comes to the state government.
My attorney has been in contact with someone higher up at the "department of public safety & correctional services", who is apparently going to fix my rap sheet. Honestly though I'm concerned on how long it will take them to do it. They didn't make it easy to get in touch with anyone over there who had any authority. I don't understand the smoke & mirrors when it comes to the state government.
Winged Pig
Active Member
I believe that the problem is that your case is old enough to not be included in the computerized files. If it was prior the early to mid 90's (not sure of the exact date) then the full cases (read results) were not entered into the current computer system. To prove that you got a PBJ you need to either have the paperwork from your case, or go to the Maryland Archives in Annapolis and get a copy of them. That will cost you $25.00, but you will then have it in hand and can include a copy of it for any future purchases.
No police department will do this for you, you have to do it yourself. I know it's a PITA, but that will rectify your problem and will most likely be the cheapest way to do it.
Hope that helps.
No police department will do this for you, you have to do it yourself. I know it's a PITA, but that will rectify your problem and will most likely be the cheapest way to do it.
Hope that helps.
If you're in Harford Co, go the records office in Bel Air, they'll give you a copy of a report/whatever for $5, I believe. Should be the most up-to-date.
From there I would imagine you can get it corrected/expunged/sealed at the records office, or definitely at the court house. Just walk up to the counter and they'll take care of you.
From there I would imagine you can get it corrected/expunged/sealed at the records office, or definitely at the court house. Just walk up to the counter and they'll take care of you.
Xfade
Member
Done. I picked it up today.
Half-cocked
Senior Meatbag
- Mar 14, 2006
- 23,937
Congrats!
Your paperwork or the gun?
I'm amazed that a 15 yr old assault charge is grounds to deny you your 2nd ammendment rights...Is that just for regulated weapons?
Once convicted of a prohibiting crime, misdemeanor or felony, always prohibited, nationwide, for life, for any firearm.
Most black powder and muzzleloaders aren't considered firearms per ATF.
Xfade
Member
Gun. They overturned the disaproval and fixed my RAP sheet. Now I'm thinking about filing a small claims case against them to cover my lawyers fees, my time, etc. just for the fun of it.
I wouldn't push your luck... people talk.
They did officially deny a civil right...
Xfade
Member
I soo know they do.
Your right, I should just let it go. I'm just really agitated about the whole thing.
organized_mayhem
Legend in my own mind
Its good to hear you got it straightened out.
I hate to thread hijack but this got me thinking about my situation. I was charged and found not guilty of assault in 2003. This has never interfered with my ability to buy a gun. However it slowed down my FL non res. permit. They said the result of the case was not found on my FBI rap sheet and they couldn't issue it until I sent them something showing the outcome. I easily went to District Court and got a certified copy and a week later had my permit.
My question to the lawyers on the board is how easy is it to get an FBI rap sheet updated? It amazes me how convenient it was to be on my FBI rap sheet but MSP couldn't bother with reporting the outcome.
I hate to thread hijack but this got me thinking about my situation. I was charged and found not guilty of assault in 2003. This has never interfered with my ability to buy a gun. However it slowed down my FL non res. permit. They said the result of the case was not found on my FBI rap sheet and they couldn't issue it until I sent them something showing the outcome. I easily went to District Court and got a certified copy and a week later had my permit.
My question to the lawyers on the board is how easy is it to get an FBI rap sheet updated? It amazes me how convenient it was to be on my FBI rap sheet but MSP couldn't bother with reporting the outcome.
bpSchoch
Active Member
Here are the official steps if you are not approved:
§ 5-126. Hearings
(a) Right to hearing. --
(1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under § 5-122 of this subtitle.
(2) The Secretary shall grant the hearing within 15 days after receiving the request.
(b) Application of contested case provisions. -- The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) Venue. -- The hearing shall be held in the county of the legal residence of the firearm applicant.
Md. PUBLIC SAFETY Code Ann. § 5-126
§ 5-127. Judicial review
Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Which describes the procedure for the review.
§ 5-126. Hearings
(a) Right to hearing. --
(1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under § 5-122 of this subtitle.
(2) The Secretary shall grant the hearing within 15 days after receiving the request.
(b) Application of contested case provisions. -- The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) Venue. -- The hearing shall be held in the county of the legal residence of the firearm applicant.
Md. PUBLIC SAFETY Code Ann. § 5-126
§ 5-127. Judicial review
Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Which describes the procedure for the review.
Xfade
Member
Just thinking that if the there was no outcome at all showing, or no verdict, then they should consider it nolle prossed.
But I'm not a lawyer.
They did...but it worked out in the end. Gotta pick your battles.
I soo know they do.
I would be too, in fact, I'm aggitated just reading your story! I always remind myself, the best revenge is a life well lived.
Or, put another way, the worst part of stepping on someone's dick is you wind up stepping on your own in the process (or something like that).
Where are you going to go to shoot/train?
Xfade
Member
I like Freestate.
