Gov. Hogan Appoints New HPRB Members

[Gryphon]

Good luck with that. Del. Mike tried Smigiel v. Handgun Permit Review Board

Your are right, we should just give up.

See Posts 37 & 44 for a basic summary. Smigiel's video is from 2010! Hogan just appointed 3 out of 5 HGPRB members. BTW, did Smigiel ever file a petition for judicial review, or appeal to COSA or COA? Or go to the Supreme Court as he threatened? What was the outcome?

 

[Gryphon]

Is there a ruling applicable to Maryland that supports this claim?

See Post 37 for the basics.

 

[Brooklyn]

The game is on..

Excellent news..

 

[Schipperke]

See Post 37 for the basics.

I read that as they don't have to use them, not that they can't. Where am I wrong? Gansler won his appeal. New board may help, but it was comical seeing the stubbornness on both sides in the Smigiel tape. I loved the "This is a may state." (aka, get the F over it) Don't make the issue a binary choice to press on or give up. Reckoning with reality is in no way giving up. I'm not a lawyer so I have no skin to offer other than $$, this is all going to be done in the courts. Trying to sway people who do not want carry is not productive here, because the elites who run Maryland are not going to listen anyway. As far as 2A and peoples definition, I shoot with guys with arsenals that span their entire basement and are against shall issue.

 

[ShafTed]

I have a thought. I understand that both the MSP and the HPRB have an AAG at their disposal, which is pretty much equivalent to having a pile of Frosh in the room. My question is, do they have to ask their respective AAG (---> pile of Frosh) before they do anything? Assuming Col. Pallozzi and the new majority on the HPRB have two functional neurons to connect together and form a coherent thought (and I believe that they do) couldn't they (like the rest of us) just read the clear letter of the law (not to mention the Bill of Rights,) understand that they have the authority to properly define self defense as G&S, and go ahead an act accordingly? Can pile of Frosh butt in without being asked anything?

Let's hear it for Don't ask, Don't get told!

 

[montoya32]

I have a thought. I understand that both the MSP and the HPRB have an AAG at their disposal, which is pretty much equivalent to having a pile of Frosh in the room. My question is, do they have to ask their respective AAG (---> pile of Frosh) before they do anything? Assuming Col. Pallozzi and the new majority on the HPRB have two functional neurons to connect together and form a coherent thought (and I believe that they do) couldn't they (like the rest of us) just read the clear letter of the law (not to mention the Bill of Rights,) understand that they have the authority to properly define self defense as G&S, and go ahead an act accordingly? Can pile of Frosh butt in without being asked anything?

Let's hear it for Don't ask, Don't get told!

The HGPRB is there to review decisions and to make "corrections" they deem fit. They know the laws and have to abide by them just like the SP. The only difference is that they are not "employed" by the state police and they cannot be fired mid-term by anyone. Their decision is final, unless the applicant decides to take it to court. Their interpretation of the laws and regulations is what they rule with.

 

[redeemed.man]

I read that as they don't have to use them, not that they can't. Where am I wrong? Gansler won his appeal. New board may help, but it was comical seeing the stubbornness on both sides in the Smigiel tape. I loved the "This is a may state." (aka, get the F over it) Don't make the issue a binary choice to press on or give up. Reckoning with reality is in no way giving up. I'm not a lawyer so I have no skin to offer other than $$, this is all going to be done in the courts. Trying to sway people who do not want carry is not productive here, because the elites who run Maryland are not going to listen anyway. As far as 2A and peoples definition, I shoot with guys with arsenals that span their entire basement and are against shall issue.

Gansler? He applied for a permit and was denied and appealed?

 

[montoya32]

Gansler? He applied for a permit and was denied and appealed?

 

[Bob A]

To the extent that any administrative agency treats like circumstances differently, that is the essence of arbitrary and open to attack on that basis. Rational decision making is a basic due process requirement.

Open to attack is one thing, getting to victory is another. I've been down that route before, and it opened my eyes to reality. For a big issue with a busload of appellants, maybe justice might be served, but don't count on always finding a just outcome in the court system.

"Arbitrary" is defined by who does the arbitrating, and who may be leaning on them.

 

[esqappellate]

Open to attack is one thing, getting to victory is another. I've been down that route before, and it opened my eyes to reality..

That is absolutely correct.

 

[montoya32]

Open to attack is one thing, getting to victory is another. I've been down that route before, and it opened my eyes to reality. For a big issue with a busload of appellants, maybe justice might be served, but don't count on always finding a just outcome in the court system.

"Arbitrary" is defined by who does the arbitrating, and who may be leaning on them.

We need documented events where two cases or applicants, with the same reasons and same application have been treated differently.

This is why I say, document, document, document and record, record, record. This will be one of the only ways.

 

[CypherPunk]

We need documented events where two cases or applicants, with the same reasons and same application have been treated differently.

This is why I say, document, document, document and record, record, record. This will be one of the only ways.

Who would care?

 

[montoya32]

Who would care?

The courts. We need a record and pattern of behavior to correct it.

 

[Mark75H]

I have a thought. I understand that both the MSP and the HPRB have an AAG at their disposal, which is pretty much equivalent to having a pile of Frosh in the room.

AAG Rowe has written some fair opinions re:2A, seems to be consistent with constitutional law rather than politics. No idea what her personal politics are or if she serves in the capacity noted above.

 

[Gryphon]

That is absolutely correct.

Gotta play to win!

 

[Drew1340]

there are people in line ahead of you, already denied and awaiting appeal. the hprb has a considerable backlog. lets see how this plays out.

wasn't my intention to jump ahead, my point is at that point in the thread lots of people are speculating and interpreting with very little resolve, much like this appointment means nothing until we see results of anything.... hence the somewhat sarcasm that may not have been thick enough...
I think it may be a good step forward.....
but again it doesn't mean anything yet....
back to current events in the thread

 

[Bob A]

Gotta play to win!

That's right.

And you gotta pay the price of admission. As the stakes and levels go up, so does the price. Believe it.

 

[Schipperke]

That's right.

And you gotta pay the price of admission. As the stakes and levels go up, so does the price. Believe it.

Amen.

I love when people throw out, "We're gonna sue". I'm sure you see neophytes pepper each other with that line time and time again. I give it about a 3% chance ever happening when threatened.

 

[safecracker]

FYI - Dick Jurgena is one of us. He is mutual friends on FB with friends of mine; I have read enough of his posts to endorse him with confidence.

 

[DC-W]

FYI - Dick Jurgena is one of us. He is mutual friends on FB with friends of mine; I have read enough of his posts to endorse him with confidence.