[remiztical]

I was arrested a handful of times for possession of CDS, however, 3 of them were nolle pros and one resulted in a probation before judgement, which my probation was set for 1 day. I am trying to research how long I would have to wait til I can purchase a firearm. The question asks if i am a current user, which I am not currently, but in the past, yes i was. Here is my question, since technically i never had a conviction for these charges, and all are able to be expunged, will this affect me in purchasing a hand gun? I refer to US vs Jackson 479 F.3d 485 (7th Cir. 2007). Which basically says he isn't a current user so he couldn't be charged with possession of a firearm and be a current user. If someone has anything to say about this issue that may be helpful ill really appreciate it so much, thank you.

 

[Rockymonster]

Contact an atty for advice. No offense to DC members, but regardless of their comments, you still need advice from your own atty.

And......welcome to the forum!

 

[Mike1956]

Here ya go:

Controlled Dangerous Substances (CDS)

 

[remiztical]

Thanks I definitely plan to when I go to actually apply but I am trying to do my homework. Also thanks for the CDS information I do know about all that as I used to be a cop but I am trying to get an answer to a very specific question

 

[Melvin]

As stated above, you need to talk to a Maryland attorney about expungement. When I was 18....almost 50 years ago, I was arrested for fighting, convicted in municipal court, paid a fine and had it expunged after 5 years. Some states like Virginia where I have lived for 30+ years does not offer expungements. Your conviction record stays with you unless you get a pardon from the governor.

Now, as an attorney, I would say that if the question asked if you were convicted, I would answer NO, but you mentioned a 1 day probation. So were you convicted on that charge? Was it dismissed later on? Years ago, the question was asked, were you arrested, now days, the questions are asked if you were convicted.

Here is the kicker and I am NOT a Maryland attorney, but I do know that some states do not allow expungements for CDS even if they offer expungements. A non qualifying expungement is domestic violence. It doesn't matter if the charges are dropped, dismissed or otherwise as per a federal law that was enacted years ago even if the state does offer expungements.

So in closing, it sounds like all the details have not been disclosed for full accuracy and you should spend a few dollars and get real legal advise from a Maryland Expungement attorney.

Good luck!

 

[remiztical]

I wasn't convicted I received probation before judgement and they made the "probation" for one day so that's just a Maryland or Baltimore thing it's not a conviction my concern is just that when I do get it expunged that doesn't erase the FBi fingerprints from what I understand so it still leaves me wondering if they will use the arrests against me . I know I don't have a conviction that's not my concern I'm concerned if they are going to judge me and be biased because of my drug abuse history.

 

[Melvin]

Sounds like you received a pre trial intervention and the charges were dismissed. This is not uncommon and used in many states.
Based on that information, I would answer NO to convictions since it appears the charges were all dismissed or dropped.
Now here is the big question, when was your last arrest? If it was last month, it may be an issue......but if it was years ago, that demonstrates stability on your part and no habitualness to drugs.

 

[rcsoftexas]

Remiztical, D.C. Com is like Woodstock for very smart people. This place is full of them. YOu will get a bunch of really great answers along with understanding and little judgement. When your ready, sort through the good answers, get and good attorney on retainer and get your gun. Let us know how it works out for you, either way it will bring more knowledge to us all.

Welcome to D.C.com, you are among good people here. Proud for you in staying clean and sober!

 

[The Old Anglo]

Lawyer Time preferribly one versed in Firearms Law. Good Luck.

 

[remiztical]

Thank you all for the kind words and information much appreciated I have so much more to share on here but all in due time

 

[Stevew]

This website might help,

Handgun Qualification License

So might this one,

https://www.atf.gov/file/11241/download

Good luck. And get a lawyer.

 

[103830]

I used to play a lawyer on TV.

 

[PFranklin]

Meantime, if eligible for expunction of all charges, do it. It'll save you a lot of grief in the future.

 

[Pijo73]

Welcome to the group! I had the same questions about a long ago previous arrest a handful of months ago and got the same answers.
All you'll get is opinions here, but i did a lot of research into my own situation and came to the conclusion that I could indeed own a firearm. Purchased one through an online retailer and picked it up at a local FFL store 5 days later (2+3 days for delivery and waiting period) Until the moment i walked out the store grinning from ear to ear carrying my new Springfield Mod2 9mm i wondered, as will you.

 

[Doogie]

I was arrested a handful of times for possession of CDS, however, 3 of them were nolle pros and one resulted in a probation before judgement, which my probation was set for 1 day. I am trying to research how long I would have to wait til I can purchase a firearm. The question asks if i am a current user, which I am not currently, but in the past, yes i was. Here is my question, since technically i never had a conviction for these charges, and all are able to be expunged, will this affect me in purchasing a hand gun? I refer to US vs Jackson 479 F.3d 485 (7th Cir. 2007). Which basically says he isn't a current user so he couldn't be charged with possession of a firearm and be a current user. If someone has anything to say about this issue that may be helpful ill really appreciate it so much, thank you.

Get your arrest records expunged. Look here for starters. You may be able to do it yourself but I recommend getting an attorney. You should do this even if you don't get firearms.

https://www.peoples-law.org/expungement-and-changing-your-criminal-record

 

[Renaldow]

Also thanks for the CDS information I do know about all that as I used to be a cop

That provides another wrinkle to consider. Since you were a cop, I'm going to assume that those charges came sometime during or after your career. I'm on the opposite end of the country so I don't know how things work in MD, nor do I pretend to. Aside from the charges, you may have to worry about being denied due to losing your law enforcement certification. That may be a bigger issue than charges that you weren't convicted on.

In all honesty OP, I'd suggest to just go and try to buy one. All they can do is say no, then you can go to the lawyer and go from there.

 

[ghost tracker]

Here in Guntucky, if you haven't been arrested at least once, you will...NOT even BE eligible to APPLY for a permit. They figure there's something...WRONG with ya'. :biggrin2:

 

[PFranklin]

moonshiners country.

 

[ghost tracker]

moonshiners country.

Right you are! We know the sheriff pretty well, donate to his campaign, 'cuz he's a...regular customer! It's those suit & tie Yankee federal agents that cause all the ruckus! :biggrin2:

 

[remiztical]

I was injured in an on duty crash and prescribed narcotics for pain and became addicted i ended up resigning because I was sick and all the arrests came after so I wasn't fired I resigned after admitting I had a problem and it shouldn't be an issue unless my chief does some nasty things to my image