Q: Can a person who was given a pbj for a misdemeanor wear, carry and transport ever get a gun license in Maryland?
I am an owner of a pizzeria who was arrested transporting money to the bank, gun not stolen, but obviously was not licensed and transported the weapon in the cabin of my vehicle
A:
This should not preclude you. Here is the applicable statute which applies only to people who have "been convicted" either of a felony or a "disqualifying crime."
A person convicted of a “disqualifying crime” who possesses a “regulated firearm” is subject to a mandatory minimum sentence of five years. Md. Code Ann., Public Safety § 5-133(b)(1). A disqualifying crime includes a crime of violence, a felony, and “a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.” Id., § 5-101(c), (g). A “regulated firearm” includes handguns and certain specified assault weapons as defined in Md. Code Ann., Public Safety, §§ 5-101(h), (n), and (p). Persons “convicted of a violation classified as a common law crime and [who] received a term of imprisonment of more than 2 years” also may not possess a “regulated firearm.” § 5-133(b)(2). Prosecutors have broad authority to choose which statute to charge. See State v. Lee, 178 Md. App. 478, 943 A.2d 14 (Ct. Spec. App. 2008)(trial court exceeded its authority in substituting less serious charge in plea context).
Unless there's an administrative regulation that would come into play, the Md. Crim. Law Article should not prevent you if all you got is a PBJ since by definition that is not a conviction.
Carl David Somerlock agrees with this answer
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