Handgun apps are now ok right up to the 30th!

[lx1x]

The MDSP may say that "they" won't enforce the law, but a State's Attorney can still prosecute.

they can.. until you give them proof (the letter).. which makes the msp an accomplice.

 

[swinokur]

The MDSP may say that "they" won't enforce the law, but a State's Attorney can still prosecute.

I'm guessing MSP was told by the AG to do it. So prosecution seems doubtful in light of the press release.

 

[Boom Boom]

Wow. I might go on a spree tomorrow. Then again, probably not.

 

[pilotguy299]

I'm guessing MSP was told by the AG to do it. So prosecution seems doubtful in light of the press release.

Since there is already an AAG memo saying otherwise, absent a written AG memo saying it was ok before the press release, I wouldn't rest easy on their word.

Especially in light of the fact that such a provision was written in for assault long guns, but not for handguns.

Do as you see fit, but I see their memo as a gross act of misconduct.

 

[MJD438]

I'm guessing MSP was told by the AG to do it. So prosecution seems doubtful in light of the press release.

You have more faith than I in our state Executive Branch.

 

[Mr H]

Since there is already an AAG memo saying otherwise, absent a written AG memo saying it was ok before the press release, I wouldn't rest easy on their word.

Especially in light of the fact that such a provision was written in for assault long guns, but not for handguns.

Do as you see fit, but I see their memo as a gross act of misconduct.

AG opinions are advisory, and AFAIK do not carry the weight of law.

 

[swinokur]

The release will be a great start for an affitmative defense.

 

[pilotguy299]

AG opinions are advisory, and AFAIK do not carry the weight of law.

Does the MDSP advisory carry the weight of law?

Neither the AG or the MDSP have exclusive jurisdiction from enforcing the firearms laws. They can not stop another law enforcement agency from investigating the violation, nor can they stop a State's Attorney from prosecuting a crime.

Do as you wish, but you should first ask yourself if you really trust the decision making of the MDSP given the recent 77r debacle.

 

[Mr H]

I will agree that each are completely unconstrained should they choose to attempt to violate the law.

Welll...... Until the Firearms Community holds them to account.

 

[fabsroman]

AG opinions are advisory, and AFAIK do not carry the weight of law.

lol - your reply to somebody saying there is an AG memo already out there that contradicts the MSP memo is that the AG memo is not law. News flash, the MSP memo isn't law either. The law is black and white in SB281 and now Chapter 427, and the final interpretation is with the Courts.

I think the law is pretty clear regarding the HQL. Once SB281 goes into effect, a person needs to possess a HQL to obtain a handgun. Kind of ridiculous that the Executive Branch can just give the middle finger to the Legislative Branch. Sounds like a freaking monarchy system of government to me.

What is even more ridiculous is our willingness to accept this MSP memo and be alright with it. Just as there is a reason for the 2nd Amendment, there is a reason for the separation of powers even at the state level. Also, to accept this BS that MSP is now trying to pull in the 11th hour after making so many people wait 120+ days for their firearms, after it promised to hire a bunch more people in early July, etc., to allow the State to skirt an injunction is complete BS. Enforce the law as is. The Legislature wrote it, now enforce it. I want a Court to impose an injunction. I want the dysfunction of our government to be clear to the people that are here.

Sorry, I am pissed. Just came from a meeting regarding the closing of my daughter's elementary school and the reasoning behind it is just as stupid as the reasoning behind SB281. Should it happen, the implementation of it will be just as retarded as the implementation of SB281. Has government really become this pathetic? They pass a law that makes no sense to anybody, that the MSP cannot even keep pace with, and all because of political careers instead of what is right. Likewise, the Board of Education in Howard County will not do a massive redistricting, which is the right thing to do, because it will piss off the vast majority of residents and they would lose their seats. It isn't about what is good for society anymore, but what is good for the individual.

 

[fidelity]

lol - your reply to somebody saying there is an AG memo already out there that contradicts the MSP memo is that the AG memo is not law. News flash, the MSP memo isn't law either. The law is black and white in SB281 and now Chapter 427, and the final interpretation is with the Courts.

I think the law is pretty clear regarding the HQL. Once SB281 goes into effect, a person needs to possess a HQL to obtain a handgun. Kind of ridiculous that the Executive Branch can just give the middle finger to the Legislative Branch. Sounds like a freaking monarchy system of government to me.

What is even more ridiculous is our willingness to accept this MSP memo and be alright with it. Just as there is a reason for the 2nd Amendment, there is a reason for the separation of powers even at the state level. Also, to accept this BS that MSP is now trying to pull in the 11th hour after making so many people wait 120+ days for their firearms, after it promised to hire a bunch more people in early July, etc., to allow the State to skirt an injunction is complete BS. Enforce the law as is. The Legislature wrote it, now enforce it. I want a Court to impose an injunction. I want the dysfunction of our government to be clear to the people that are here.

Sorry, I am pissed. Just came from a meeting regarding the closing of my daughter's elementary school and the reasoning behind it is just as stupid as the reasoning behind SB281. Should it happen, the implementation of it will be just as retarded as the implementation of SB281. Has government really become this pathetic? They pass a law that makes no sense to anybody, that the MSP cannot even keep pace with, and all because of political careers instead of what is right. Likewise, the Board of Education in Howard County will not do a massive redistricting, which is the right thing to do, because it will piss off the vast majority of residents and they would lose their seats. It isn't about what is good for society anymore, but what is good for the individual.

Nicely put. It's governing by the seat of their pants with no regard to our actual system of government. I hope one of the larger regional news organs gets wind of this and runs a story of MSP advising MD citizens to obtain handguns illegally. It's such an astonishing action. It would then hopefully prompt some further investigative reporting of what is rotten in this legislation. Amazing what a brave 300 souls precipitated in Annapolis yesterday during the hearings. Come and take them indeed.



Sent from my iPhone using Tapatalk

 

[fabsroman]

Nicely put. It's governing by the seat of their pants with no regard to our actual system of government. I hope one of the larger regional news organs gets wind of this and runs a story of MSP advising MD citizens to obtain handguns illegally. It's such an astonishing action. It would then hopefully prompt some further investigative reporting of what is rotten in this legislation. Amazing what a brave 300 souls precipitated in Annapolis yesterday during the hearings. Come and take them indeed.



Sent from my iPhone using Tapatalk

This is essentially government out of control. First, the General Assembly hastily passes some pile of crap legislation that when read in its totality contradicts itself. Never mind that actual logic does not support the reasoning for the passage of the bill.

Keep in mind that this legislation was pushed through by our very own Governor (i.e., the Executive Branch). Now, our very own Governor in the Executive Branch is electing not to enforce portions of it. Sounds like the General Assembly, which is supposed to represent the voice of the people, is comprised of a bunch of puppets.

Maybe our very own Governor should have thought a little harder on what was required administratively to enforce this thing before he decided to pass it. Kind of like deciding to arrest so many people in Baltimore City and then not prosecuting them, or if actually prosecuting them and prevailing, letting them out early on parole. It is all band-aids coupled with smoke and mirrors.

Then, we applaud the very agency that is controlled by the Governor. I guarantee you that this decision came from the Governor himself and MSP did not do this of its own accord. So, those of you applauding MSP for this decision might as well applaud the Governor.

I honestly do not know whether to laugh or cry over the irony in all this, but I'll cry over the abuse of power for sure.

 

[webb297]

lol - your reply to somebody saying there is an AG memo already out there that contradicts the MSP memo is that the AG memo is not law. News flash, the MSP memo isn't law either. The law is black and white in SB281 and now Chapter 427, and the final interpretation is with the Courts.

I think the law is pretty clear regarding the HQL. Once SB281 goes into effect, a person needs to possess a HQL to obtain a handgun. Kind of ridiculous that the Executive Branch can just give the middle finger to the Legislative Branch. Sounds like a freaking monarchy system of government to me.

What is even more ridiculous is our willingness to accept this MSP memo and be alright with it. Just as there is a reason for the 2nd Amendment, there is a reason for the separation of powers even at the state level. Also, to accept this BS that MSP is now trying to pull in the 11th hour after making so many people wait 120+ days for their firearms, after it promised to hire a bunch more people in early July, etc., to allow the State to skirt an injunction is complete BS. Enforce the law as is. The Legislature wrote it, now enforce it. I want a Court to impose an injunction. I want the dysfunction of our government to be clear to the people that are here.

Sorry, I am pissed. Just came from a meeting regarding the closing of my daughter's elementary school and the reasoning behind it is just as stupid as the reasoning behind SB281. Should it happen, the implementation of it will be just as retarded as the implementation of SB281. Has government really become this pathetic? They pass a law that makes no sense to anybody, that the MSP cannot even keep pace with, and all because of political careers instead of what is right. Likewise, the Board of Education in Howard County will not do a massive redistricting, which is the right thing to do, because it will piss off the vast majority of residents and they would lose their seats. It isn't about what is good for society anymore, but what is good for the individual.

You may be posting angry, but you are making sense

 

[ShallNotInfringe]

Sorry guys, this is absolutely wrong. The State Police do not have the authority to tell people to violate the written law,even if we don't agree with the law.

This is an act of gross misconduct in office,and I am going to send a complaint to my delegate and senator about it.

Allowing them to break the law, so that they can try to reduce the number of future plaintiffs against them, should not be tolerated.

+1

 

[ShallNotInfringe]

Does the MDSP advisory carry the weight of law?

Neither the AG or the MDSP have exclusive jurisdiction from enforcing the firearms laws. They can not stop another law enforcement agency from investigating the violation, nor can they stop a State's Attorney from prosecuting a crime.

Do as you wish, but you should first ask yourself if you really trust the decision making of the MDSP given the recent 77r debacle.

The law:

(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.

 

[JettaRed]

I don't understand why everyone is so "shocked" by this suspension of the law. Isn't what they've been doing for every application older than 7 days? Didn't they "ask" dealers to disregard the 7-day rule and wait until background checks were completed? Per the last paragraph of Advisory LD-FRS_13_001, dated June 7, 2013,

"The Maryland State Police thanks all Maryland firearms dealers for their continued patience and continues to encourage all sellers, lessors and transferors to wait until the Maryland State Police completes its investigation, conducts all checks, and approves the sale, lease or transfer of the regulated firearm before releasing or transferring the firearm."

The handling of this current situation has been an overreach of authority from the beginning.