Maryland Handgun Permit Review Board Reference Guide

Maryland Handgun Permit Review Board Reference Guide

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Former Maryland State Police Licensing Division Commander Jack McCauley's FaceBook Post on Scherr v. Handgun Permit Review Board.

"The issuance (or lack thereof) of HANDGUN PERMITS in the State of Maryland seems to be one of the most frustrating topics for our citizens. The problem arises from the requirement of a good and substantial reason. A requirement that was once overturned by a judge who deemed this requirement to be unconstitutional. I believe the court erred greatly when this decision was overturned. And, I base my opinion on personal experience.

What is, "Good and substantial?"

When I was assigned as the Commander of the Maryland State Police Licensing Division, I could not find one person that could give me a consistent and reasonable definition or explanation of what, “Good and substantial” is. The closest explanation I could get was from a trooper that claimed to base his decisions on established case law, primarily referring to Snowden v. State of Maryland. He would measure all of his decisions based upon on a quote in the Snowden case, “An apprehended fear of danger is more than one’s personal anxiety.” (See Carl Snowden v. Handgun Permit Review Board, Court of Special Appeals of Maryland. April 17, 1980)

I would also be referred to another relevant court opinion; Scherr v. State of Maryland. In this case, the Department of State Police denied the applicant’s permit to carry a handgun because the applicant’s “level of threat and/or danger” was not any greater than that of an ordinary citizen.

In the Scherr decision the court would also refer to the previous decision inn Snowden. (See Robert Scherr v. State of Maryland Handgun Permit Review Board, in the Court of Special Appeals for Maryland, 2004)

If you review Maryland law closely, as well the decision in Snowden v. State of Maryland, you will see that nothing requires an applicant to show that his level of threat and/or danger needs to be GREATER than an ordinary citizen. Rather, in the decision of Snowden v. State of Maryland, the court determined that an individual must have a need for a “reasonable precaution against apprehended danger.” And that danger must be more than one’s PERSONAL anxiety or fear. It does not say that anxiety or fear needs to be GREATER than another citizen’s fear.

During the handgun permit review board hearing for Scherr, he represented himself. The following exchange occurred with Detective Sergeant Galloway of the Maryland State Police;

Q [MR. SCHERR] What is your criteria to determine whether a person has a good or substantial reason to carry a handgun?

A Whether or not that person’s level of danger warrants the issuance of a Handgun Permit.

Q What is an acceptable level of danger, and what is not an acceptable level of danger?

A An acceptable level of danger is that which is more than the average person would expect to encounter. Unacceptable would be anything other than that. And we require that you have police reports to substantiate that, because often, people come to us and say that they’ve been involved in activities or have been threatened and assaulted, when it never occurred. And the only way for us to know that it actually did occur is whether or not there’s been something to substantiate it, reports of witnesses, something, other than the person just coming to me and saying, you know, I was threatened, I was assaulted.

Q All right. So what you’re testifying to is that an acceptable level of danger to you, which would merit your issuing a permit, would be, I think you said more than the average person would encounter?

A Yes.

Q What would the average person encounter, in your mind? I’m just trying to figure out what all your, what your standards are. You said that an acceptable level of danger to get a permit would be more than the average person would encounter. I’m asking you, what is the standard that an average person would encounter, so that I can determine what’s more and what’s less?

A There is no definitive standard. I look at that, and I interpret that as meaning more than someone saying, “I’m going to harm you,” or someone bumping into you or someone making gestures, that we all encounter every day. You’re at the supermarket, and someone bumps into you and gives you the evil stare. We all encounter that from time to time. Someone cuts you off on the road. We all have encountered that. Verbal arguments between people. We all encounter that. We all have, and we all will. But there is no definitive standard that I’m aware of. We have to use good judgment.

Q So your testimony, then, is that the definite – you have indicated that an acceptable level of danger to you, which would then – based on that, you would then issue a permit. That is more than what – you said, is more than an average person would encounter. That phrase is your own . . .

A Yes.

Q . . . thinking, right?

A Uh-huh.

Q In other words, for lack of a better word, you made that up?

A Yes.

Is you fear of apprehended danger more than your own personal anxiety? I would argue that thousands of Marylanders have a fear of apprehended danger when traveling into high crime areas of our cities. I believe that SHARED fear is more than one's own personal anxiety.

My efforts to change the way good and substantial is evaluated was quickly halted...obviously for political reasons. Please share this information. This process of arbitrary approvals needs to be challenged."

Source: https://www.facebook.com/pages/Jack-McCauley/700124650066824

truth is maryland will never be shall issue.

thomfantomas said:

truth is maryland will never be shall issue.

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Very wrong. It's all a matter of time and means, but it'll happen.

OP Updated

thomfantomas said:

truth is maryland will never be shall issue.

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Neither is IL.

thomfantomas said:

truth is maryland will never be shall issue.

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If you look at the statute as written, MD is a Shall issue state. I present to you the Public Safety Code 5-306(a)

5-306. Qualifications for permit


(a) In general. -- Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

Notice it does not say "the Secretary may issue a permit."

dblas said:

If you look at the statute as written, MD is a Shall issue state. I present to you the Public Safety Code 5-306(a) 5-306. Qualifications for permit (a) In general. -- Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: Notice it does not say "the Secretary may issue a permit."

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Lol

teratos said:

Lol

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Hey, you have to look for the jokes where you can.

dblas said:

Hey, you have to look for the jokes where you can.

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look no further than annapolis.

That Q & A is nothing short of amazing. The fact that this sort of thing can withstand legal scrutiny is an insult to our Constitution. They just "make it up" as far as G&S is concerned.

What the posts in #4 or #7 should have said would havwe been to the effect of ; " The Maryland General Asembly ( nor IL legislature) will never voluntarily pass ture Shall Issue " .

He adds that in reviewing the court transcript of Scherr, MSP Detective Sergeant Galloway of the Maryland State Police was questioned as follows
Q So your testimony, then, is that the definite – you have indicated that an acceptable level of danger to you, which would then – based on that, you would then issue a permit. That is more than what – you said, is more than an average person would encounter. That phrase is your own . . .
A Yes.
Q . . . thinking, right?
A Uh-huh.
Q In other words, for lack of a better word, you made that up?
A Yes.


I would love to get a copy of that transcript. Does he actually have a copy?

esqappellate said:

He adds that in reviewing the court transcript of Scherr, MSP Detective Sergeant Galloway of the Maryland State Police was questioned as follows
Q So your testimony, then, is that the definite – you have indicated that an acceptable level of danger to you, which would then – based on that, you would then issue a permit. That is more than what – you said, is more than an average person would encounter. That phrase is your own . . .
A Yes.
Q . . . thinking, right?
A Uh-huh.
Q In other words, for lack of a better word, you made that up?
A Yes.


I would love to get a copy of that transcript. Does he actually have a copy?

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lemme check

esqappellate said:

He adds that in reviewing the court transcript of Scherr, MSP Detective Sergeant Galloway of the Maryland State Police was questioned as follows
Q So your testimony, then, is that the definite – you have indicated that an acceptable level of danger to you, which would then – based on that, you would then issue a permit. That is more than what – you said, is more than an average person would encounter. That phrase is your own . . .
A Yes.
Q . . . thinking, right?
A Uh-huh.
Q In other words, for lack of a better word, you made that up?
A Yes.


I would love to get a copy of that transcript. Does he actually have a copy?

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its in the decision, or are you looking for the entire review board hearing that scherr had?

Yes that much is reproduced in the published opinion.

Gryphon said:

Yes that much is reproduced in the published opinion.

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This transcript does not appear in the decision of the court of intermediate appeals. Is the Board's decision on review in Snowden published? Do you have a cite, by chance?

Jaybeez said:

its in the decision, or are you looking for the entire review board hearing that scherr had?

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You mean the Board's decision? I have not seen a copy of the Board. If it is published, do you have a cite handy?

esqappellate said:

This transcript does not appear in the decision of the court of intermediate appeals. Is the Board's decision on review in Snowden published? Do you have a cite, by chance?

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http://caselaw.findlaw.com/md-court-of-special-appeals/1320313.html