HPRB Under Attack: Hearings 3/12

[BeoBill]

MSP don't have to appeal "every" case how about 50 % or even 25% that may be enough to discourage anyone to step up to the plate and take a swing .

All it tkes is a few, plus a couple of others in the pipeline for an HPRB hearing that gets cancelled to prove "harm" in a class action. But I'll defer an official ruling to the actual lawyers here and MSI.

 

[BeoBill]

When the MSP can train the judges to do OAH work we are working with collusion and what i would consider a huge legal error .
Like the fox guarding the hen house .

I hope that you are right and soon they can get the hammer put down on them for all the back-door deals and underhanded chit they have been doing . And i do mean all the MSP Troopers that work in the LD and keep trying to sell us that they are fair . I also lay it at the feet of the now OAH that is a crooked as the LD or the MSP .

Not "collusion" (not a crime, IMO), but "conspiracy" (a crime). And maybe RICO. Wouldn't THAT be sweet...

 

[BeoBill]

The question really is, what do the OAH hearing results look like? Do they look fair? Statistics would be nice...

You're absolutely right, fabs. We MUST have statistics to PROVE anything, both for overturn AND uphold decisions. As well as for those in the pipeline who give up because of those statistics. IMO, the latter are the most meaningful in impact, because of the perception of failure in the victims.

So far we have one in a row; let's see how many more are reported.

 

[welder516]

Not "collusion" (not a crime, IMO), but "conspiracy" (a crime). And maybe RICO. Wouldn't THAT be sweet...

I just used the word "Collusion" as it is the favorite word of liberals and snowflakes

 

[Straightshooter]

I still do not see where the switch to the OAH is going to somehow trigger a successful lawsuit against the state. IANAL, but, I'd bet my left (fill in the blank) that the courts would agree with the state that they have provided an avenue for appeal. Now we will have the OAH and then the circuit court. This will be viewed as no harm done. They won't give a damn if the new process costs the citizen a sizable chunk of change either. They hear cases every day looking down on plaintiffs and defendant that have high dollar lawyers standing next to them. We used to have the HPRB and then the Circuit court.

Convince me I'm wrong.

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[welder516]

I still do not see where the switch to the OAH is going to somehow trigger a successful lawsuit against the state. IANAL, but, I'd bet my left (fill in the blank) that the courts would agree with the state that they have provided an avenue for appeal. Now we will have the OAH and then the circuit court. This will be viewed as no harm done. They won't give a damn if the new process costs the citizen a sizable chunk of change either. They hear cases every day looking down on plaintiffs and defendant that have high dollar lawyers standing next to them. We used to have the HPRB and then the Circuit court.

Convince me I'm wrong.

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It would be a fools bet , nothing in Maryland has ever pointed to following the Constitution , just a bunch of Liberal A-Wholes that will lie and cheat to get what they want .

Law abiding gun owners pay the price for the city and Democrats woes .

 

[Straightshooter]

It would be a fools bet , nothing in Maryland has ever pointed to following the Constitution , just a bunch of Liberal A-Wholes that will lie and cheat to get what they want .



Law abiding gun owners pay the price for the city and Democrats woes .

Exactly. The HPRB was a rubber stamp for MSP for many years prior to Hogan appointments arriving. Nothing was ever done then. Why will it be any different just because the stamp has been passed to the OAH?

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[danb]

What is different is Kennedy is gone. D.C. is shall issue, of all places, proving there is no blood bath. The Supreme Court has proven it is willing to take at least one 2A case, involving transport outside the home. The Supreme Court requested a response in the 3rd circuit outside the home case, a case that got relisted last time it was up, so its a good sign of things to come. 9th put the HI outside the home case on hold pending that opinion. In the last week we have seen the injunction against the CA magazine ban made permanent, two cases involving Taser bans have been overturned, and one involving knife rights. Its been a good week. Courts are starting to resist the 2A less because no bloodbath. The current Supreme Court is also a lot more skeptical of deference, so the lowers courts will be too.

What is different is that since DC went shall-issue, and Kavanaugh was appointed, Frosh and Bowen are on a collision course that they will lose. and the faster they collide the better.

 

[J Beard]

You're absolutely right, fabs. We MUST have statistics to PROVE anything, both for overturn AND uphold decisions.

How do we get concrete statistics if they are sealing all decisions and the only ones we hear about are from the members here who choose to tell us?

 

[Bob A]

FOIA?

 

[Allen65]

FOIA?

FOIA is Federal. Public Information Act is Maryland's sort of, light, almost-equivalent lookalike-on-its-face statute. IIRC MD tends to be much less responsive and more willing to, er, liberally exercise exemptions, in response to PIA requests than Federal agencies are responding to FOIA.

 

[BeoBill]

How do we get concrete statistics if they are sealing all decisions and the only ones we hear about are from the members here who choose to tell us?

Simple. We have several MDS members who are in the pipeline; one has already reported the decision handed down by HM's OAH. If the rest follow suit, voila - statistics!

BTW, I was able to get a clandestine picture of a hearing in session. See below:

 

[J Beard]

Glad you didn't get caught Bill!

 

[Bob A]

Glad you didn't get caught Bill!

You kidding? He's in the back row!

 

[BeoBill]

You kidding? He's in the back row!

Crank in the THIRD row, if you please...

 

[Onequickfamilysedan]

Excuse my probably amateurish question , but if one appeals the OAH ruling to the Circut would it go to the Court of the County which you reside? Or Baltimore County? One might have very good odds in these more common sense counties

 

[dblas]

Excuse my probably amateurish question , but if one appeals the OAH ruling to the Circut would it go to the Court of the County which you reside? Or Baltimore County? One might have very good odds in these more common sense counties

You would appeal it to the Circuit Court in the county of your residence. If MSP were to appeal to the Circuit Court, it would be Baltimore County, the county their headquarters is based in.

 

[Deep Lurker]

Remember to tune in to the Maryland General Assembly (MGA) TODAY (Tuesday 4/2) at 1 PM when the House Judiciary Committee will be live streaming their hearing of the Senate’s handgun permit review board (HPRB) repeal bill (SB 1000) for the first time on the House side.

The bill:

http://mgaleg.maryland.gov/webmga/fr...b=01&ys=2019RS

To watch the hearing live go the MGA home page:

http://mgaleg.maryland.gov/webmga/frm1st.aspx?tab=home

Go down the right side column below the heading “What’s Happening Now” to “Live House Committees” and look further down for “Judiciary” and click on the red “live” button on the right side when it appears, to open the live streaming hearing video and audio.

Keep refreshing this home page: these hearings almost never start on time; the red “live” button won’t appear until the live-streaming starts and page is refreshed after it starts.

(Remember also, the MGA live streaming opens in a pop-up window, so to view it you must go into your phone or laptop Internet browser and select “allow pop-ups” in your browser to be able to view the live stream.)

 

[PowPow]

From a different thread:

Why do we oppose it?

SB1000 would eliminate the only citizen check (HBRP) on the power of the state, in this case the Maryland State Police, to deny a person's carry permit application. It replaces this with a court process that is very expensive and likely stacked against the person seeking the permit. In essence, if you like tyranny, you will like SB1000. That is why you should oppose it.

 

[ComeGet]

From a different thread:



SB1000 would eliminate the only citizen check (HBRP) on the power of the state, in this case the Maryland State Police, to deny a person's carry permit application. It replaces this with a court process that is very expensive and likely stacked against the person seeking the permit. In essence, if you like tyranny, you will like SB1000. That is why you should oppose it.

It's amazing me, that after all this time, any member here would even have to ask that.