WASHINGTON COUNTY MAN CONVICTED
FOR ATTEMPTING TO ILLEGALLY PURCHASE HANDGUN

Attorney General J. Joseph Curran, Jr. announced today that Gerald Edward Downs, II, 45, of 19835 Shepardstown Pike, Boonsboro, was found guilty of submitting a False Application to Purchase a Regulated Firearm on December 14, 2001. Howard County Circuit Court Judge Raymond J. Kane, Jr. sentenced Downs to a two-year suspended sentence, two years’ supervised probation, and ordered Downs to abstain from alcohol, complete an alcohol program as directed by the probation agent, complete an anger management program, not to have any adverse contact with petitioner in the protective order, pay a fine of $250, and to have absolutely no firearms in his possession.

According to the statement of facts, on August 17, 2001, the defendant’s brother filed for and received an Ex Parte Temporary Protective Order after alleging that the defendant had assaulted him, causing physical injury. On August 24, 2001, a hearing was held in the District Court for Washington County, and a protective order was issued against the defendant ordering him not to abuse or threaten to abuse his brother.

On December 12, 2001, the defendant applied to purchase a .357 Colt Python handgun, which is a regulated firearm. The Defendant completed Maryland State Police’s Application and Affidavit to Purchase a Regulated Firearm, and was asked on the form if he was subject to a protective order. To this question he falsely answered no, and then certified under the penalty of perjury that his answers were true and correct. On December 14, 2001, the state application was forwarded to the Maryland State Police’s Firearms Registration Section. A check of the defendant’s background revealed that he was indeed subject to a protective order.

"The law is clear about who can and cannot purchase a handgun in Maryland," Attorney General Curran said. "Mr. Downs apparently knew the law, because he lied on his application to avoid being disapproved to buy the gun."

This case was investigated by the Cease Fire Unit of the Maryland State Police and was prosecuted by the Office of the Attorney General, Special Crimes Unit, Criminal Investigations Division, as a result of a partnership the two agencies have formed to further efforts to combat handgun violations statewide. Funding for Operation Crime Gun comes from grants received from the Governor’s Office on Crime Control and Prevention and the Maryland State Police Cease Fire Council.

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