MSP: FIREARM PURCHASE APPLICANTS WITH APPLICATIONS PENDING ON OCT 1 WON'T NEED HQL

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  • Parrot

    Member
    Jul 16, 2013
    72
    Advisory notices do not have the force of law.

    Look, I am not saying that people will actually be convicted. Especially in light of the MDSPs Advisory notice.

    What I am saying is that we should expect the MDSP to follow the written law, even if we disagree with it.


    That's were the attorney comes into play and with a good attorney the argument can be made.

    Again, why would FFL's tell customers they could? They have too much to lose. Somebody with some authority is telling them they can.
     

    webb297

    Ultimate Member
    Dec 29, 2010
    2,800
    Bowie
    I wonder whats going on over at the MD AG's office right now. It would really hit the fan if they came out and said the the AG still will expect the law to be enforced as written. Will the MDSP go against that ruling? Can they?
     

    Parrot

    Member
    Jul 16, 2013
    72
    I wonder whats going on over at the MD AG's office right now. It would really hit the fan if they came out and said the the AG still will expect the law to be enforced as written. Will the MDSP go against that ruling? Can they?


    Local Sheriffs are, so why not the MSP? :party29:
     

    webb297

    Ultimate Member
    Dec 29, 2010
    2,800
    Bowie
    Local Sheriffs are, so why not the MSP? :party29:

    The local sheriff does not represent the state. He is elected by and represents his district. The MSP represents the State of MD, and the State of MD is legally represented by the States Attorneys Office. So MSP refusing to enforce the laws as the SAO finds them would be, in the immortal words of Joe Biden, a big Fin deal.
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    I wonder whats going on over at the MD AG's office right now. It would really hit the fan if they came out and said the the AG still will expect the law to be enforced as written. Will the MDSP go against that ruling? Can they?

    "Sir, we are getting emails and calls from citizens requesting that we enforce the law"

    "Well, we decided not to and already issued an advisory"

    Would love to be a fly on the wall this morning.
     

    JettaRed

    Ultimate Member
    Mar 13, 2013
    1,138
    Middletown
    Another point, which I have made elsewhere, is that there will be approximately 50,000 applications that will be over 7 days old as of September 30th (since the backlog as of the 20th shows 50,000 applications). Under the current law, generally, all 50,000 firearms could be released simultaneously (minus those few which came back disapproved or which the FFL had “actual knowledge or reasonable cause to believe that the recipient is disqualified from possessing a regulated firearm under Maryland or federal law”).

    Should even 1/10th of 1/10th of 1% of those 50,000 firearms fall into the hands of someone who shouldn’t have one, that’s five firearms that must be retrieved, from potentially five people. Those five people are 500 times the number of people that committed mass murder in Arizona, Connecticut, and the Navy Yard. The blame for that, God forbid it should happen, would lay squarely at the feet of the Governor and all those that catalyzed this mad rush to buy firearms, outstripping the ability of the system to work properly.

    (I call this the “Twinkie Effect”. You know, the response to Hostess announcing bankruptcy. There was a mad rush to get what would soon be unavailable. In this case, this Governor and his minions have brought this upon themselves.)

    If Maryland was a gun-friendly state, we wouldn’t be having these discussions right now.
     

    Parrot

    Member
    Jul 16, 2013
    72
    The local sheriff does not represent the state. He is elected by and represents his district. The MSP represents the State of MD, and the State of MD is legally represented by the States Attorneys Office. So MSP refusing to enforce the laws as the SAO finds them would be, in the immortal words of Joe Biden, a big Fin deal.

    The point was that if one local law enforcement agency is stating they will not enforce certain laws, then why should the MSP? Did you not attend any of the rallies? :D
     
    Sep 18, 2013
    92
    Towson
    I'm not a Lawyer, don't play one on the internet, and didn't sleep at a Holiday Inn Express last night.
    And honestly didn't get too involved in gun ownership here in Md till my government told me I couldn't have something. Then, as if human nature has us hardwired to respond that way.....I want one.

    So I don't have a whole depth of knowledge on the ins and outs of this three ring circus, but..

    Does the fact that the MSP acknowledge in the advisory that the that the law does indeed require an HQL to take possession of a regulated firearm after 01 Oct ordered before 01 Oct, add any legal strength to our legal argument that the intent of the law coincides exactly with the wording of the law? Not a "whoopsie, we didn't mean it that way" by the State, but a Right delayed by the intentional wording of the law.
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    I said both because as others have pointed out, the law is poorly written, and wasn't specific on how to handle the turnover period.

    I agree that the most recent admission by MSP is closest to the language and intent of the law... but it is still AFU.

    (B) A DEALER OR ANY OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A HANDGUN TO A PURCHASER, LESSEE, OR TRANSFEREE UNLESS THE PURCHASER, LESSEE, OR TRANSFEREE PRESENTS TO THE DEALER OR OTHER PERSON A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PURCHASER, LESSEE, OR TRANSFEREE BY THE SECRETARY UNDER THIS SECTION.

    (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN ONLY IF THE PERSON:
    (1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS SECTION

    Is there an exception for purchases prior to 10/1?
     

    webb297

    Ultimate Member
    Dec 29, 2010
    2,800
    Bowie
    The point was that if one local law enforcement agency is stating they will not enforce certain laws, then why should the MSP? Did you not attend any of the rallies? :D

    Certainly did. I also testified in Annapolis, and in PG county, in multiple local town hall meetings the county. What is your point? How does going to a rally change the fact that the MSPs job is to enforce Maryland State law, and they just decided that they would wake up this morning and not do that.

    Local Sheriff = elected by citizens to represent them local police matters
    MSP Brass= appointed by the Govenor to represent the State in law enforcement matters

    Pretty simple. And, really screwed up.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,366
    SoMD / West PA
    (B) A DEALER OR ANY OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A HANDGUN TO A PURCHASER, LESSEE, OR TRANSFEREE UNLESS THE PURCHASER, LESSEE, OR TRANSFEREE PRESENTS TO THE DEALER OR OTHER PERSON A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PURCHASER, LESSEE, OR TRANSFEREE BY THE SECRETARY UNDER THIS SECTION.

    (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN ONLY IF THE PERSON:
    (1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS SECTION

    Is there an exception for purchases prior to 10/1?

    Nope
     

    Crow Bait

    Active Member
    Feb 9, 2013
    201
    Hollywood, MD
    (B) A DEALER OR ANY OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A HANDGUN TO A PURCHASER, LESSEE, OR TRANSFEREE UNLESS THE PURCHASER, LESSEE, OR TRANSFEREE PRESENTS TO THE DEALER OR OTHER PERSON A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PURCHASER, LESSEE, OR TRANSFEREE BY THE SECRETARY UNDER THIS SECTION.

    (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN ONLY IF THE PERSON:
    (1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS SECTION

    Is there an exception for purchases prior to 10/1?

    Oh! Now I get it.

    Even more AFU than I thought.
     

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