Is this a basis to challenge our 7-day waiting period?

[swinokur]

Thank you Jack.

 

[fabsroman]

The 7 day wait was originally "sold" (promoted) as a "cooling off period." The fact is the 7 day wait was originally implemented so the Department of State Police would have time to receive the application by mail and then return the notice to the dealer. When this process began, it was all completed by U.S. Mail. This could easily take 7 days to complete.

So why would the Department not allow a firearm to be released to a purchaser if this process was complete in three days? Because Maryland law said the person must wait 7 days. The Department of State Police simply had no control over that.

In the mid 90's, the Department of State Police failed to keep up with the 7 day check. Dealers were releasing firearms after the 7 day wait period. At the time, over 200 prohibited people received firearms without a background check being performed. A NICS check would have prevented this from occurring, but the Department refused to allow dealers to perform the NICS check on their own.

When this was uncovered, State Police Superintendent, David Mitchell, was irate. Several high ranking members of the Department were transferred and demoted. The Division was given a new command structure and they began changing internal practices. At the time, there were only 7 people performing the background checks. The Maryland Legislator approved a budget increase to the Department, allowing the manpower in this section to increase to 15 people. At the time, they were averaging only about 26,000 background checks a year.

As time passed and gun control issues quieted down, it was time for more budget cuts in the State of Maryland. In fact, the Department of State Police continued to have their budget cut year in and year out. The Licensing Division received so many personnel cuts that the number of people conducting these background checks dwindled from fifteen (15) to four (4) people in 2011. Despite the pleas of past commanders of the Division, supported by the Department for an increase in their budget, the State Police continued to face cuts. With Colonel Mitchell gone from the Department, this issue was forgotten.

With the election of Barrack Obama, guns sales continued to rise. The estimated increase in firearm sales were very accurately identified every year. The commander of the Licensing Division recognize a crash would again occur. Formal requests (very detailed reports that outlined the need for personnel) for a budget increase to hire additional personnel were denied.

To make matters worse, the building that occupied this entire division should have been condemned. The working conditions inside of a prison were better. In addition to countless other structural deficiencies, the air conditioning in the building was been broken since 2008. Many offices, without windows and no attempt for a solution, left employees working in temperatures at over 94 degrees. The archaic equipment (like one fax machine) was continually breaking down. The commanders requested approval for newer equipment and repairs to not just the air conditioning, but the remaining broken structures. But the requests were denied. The background checks were being conducted by four people, in horrific conditions, using computers that were now 12 years old. Request for funding to automate this process were also denied.

In comes the proposed legislation of the FSA13. The gun sales soared to over 100,000. The department couldn't keep up. One simple fix to ensuring that a prohibited person could not get a gun would be to allow dealers to perform a NICS check. Even members of the State Police Executive staff agreed this was a good idea. But, the Office of the Governor (not the State Police) decided not to allow that to happen.

The result? At least 30 people we know of, and likely many more, received a firearm without ANY background check. Commanders had been demoted and transferred for this same atrocity a little more than a decade before. But now, it was acceptable?

Dealers were always allowed to release a firearm after 7 days. Initially, a formal opinion from the FBI's counsel said this was not legal to perform. The ATF disagreed with the FBI. Maryland law said it was okay. But when pressed for answers, the FBI and the ATF remained silent. They refused to answer phone calls or return any emails on the subject. The conflicting opinions never went addressed by the people responsible for NICS. They simply refused to answer the question.

Some dealers chose to release guns, while others feared repercussion from the ATF. Some dealers didn't want to release a gun without a background check for moral implications while others understood it was not their fault; but, the refusal of the State of Maryland to allow the NICS check to be done.

The fact is a NICS check alone will never prevent ALL prohibited persons in Maryland from purchasing a firearm. But it will prevent anyone with a record of a violent criminal act. It will stop all felons. Many of the prohibiting factors under Maryland law are not identified in a NICS check. This requires additional work. Until recently, many of those checks included mental health records.

When the records checks backed up to over 100 days, the Governor's Office in Maryland knew that although all the records checks that covered Maryland law couldn't be performed, allowing a dealer to at least check NICS would prevent the most violent offenders from purchasing a firearm. Sure, some non-violent offenders may squeeze through the process. But at least the most serious offenders would be stopped. But, the Governor's Office refused to allow dealers to perform a NICS check, knowing guns would be released without any background check at all.

Instead of taking an action to ensure the safety of Maryland, guns dealers were accused of being irrational and refusing to wait the 100 days or more because of unexpected surges in firearms sales. The fact is, dealers saw the delays go from 8 days, to 10 days, to 30 days, to over 100. If they did not began releasing firearms at all, the department would still be working to clear the backlog and the delays would still be continuing. the problem would have been ignored.

One law maker tried to pass legislation that would require the dealers to wait until this check was performed, even if a backlog occurs. Wouldn't it have just been easier to have properly funded the department in the first place? Wouldn't it be easier for a dealer to perform a NICS check and then allow the State Police to perform whatever additional check they want? This would reduce the time constraints drastically. NICS is already set up to do 95% of the work. Yet we want to spend our tax dollars to do the work for them? It just doesn't make sense to me.

This process needs a complete overhaul. As for the 7 day wait? In reality, it was passed before electronic submissions. It was passed before fax machines. The 7 day wait was designed to allow the State Police to receive the application by U.S Mail, conduct the check and return to application by mail. The State Police originally asked for 30 days to do this. The MD Legislators bargained that delay down to 7 days and called it a cooling off period.

With an HQL, there should not be any further delays. An instant verification to ensure the HQL is still valid should be all that is needed. In fact, federal law allows for a waiver of the NICS check to be performed for states that have a purchasing license scheme such as the HQL. The state must first apply to the ATF for this exemption.

But please, don't accuse anyone within the Licensing Division for these delays. Until you have worked with this group of men and women, you don't know who they are, how they think, or what the reason is for a delay. The group of people that perform this background check have no control over this issue. They are given a job to do...check "X " amount of databases, evaluate any criminal offense (in whatever archaic database they are forced to deal with) and "not disapprove," or deny the sale. The only people responsible for this are the Superintendent of the State Police, The Governor's Office and Maryland's General Assembly. I suppose the workers could just take a stance and quit, leave the department and refuse to participate in this process. But, you too could do the same and just buy guns illegally on the street. Instead, many of us are trying to right this ship, identify the many many flaws and move forward with real solutions to gang and drug violence while we deal with unfair, controversial, and unconstitutional laws.

The fact is, Maryland's efforts to reduce violent crime is out of focus. The thousands of man hours spent each day to regulate lawful gun owners is only limiting our ability to go after the real problems that create gun crime. We need to reduce this type of work and instead increase gang and drug enforcement efforts.

Thank you for the time and effort you put into that post. It is very informative.

With that said, it leaves me thinking "WOW!!!!!!!!!"

 

[PJDiesel]

I am thinking WOW while reading almost anything he posts. The first hand account and insight is unreal.

 

[MrNiceGuy]

I am thinking WOW while reading almost anything he posts. The first hand account and insight is unreal.

Exactly why we need to contact Governor-elect Hogan about having Jack in that MSP Superintendent position. That's the best way Hogan can help us without sacrificing huge amounts of political capital. In fact, I strongly believe that Jack McCauley would not only help us out with exercising our God-given, Constitutionally-guaranteed rights, but that he would also have a solid impact on crime in this state if given the leeway to run things his way.

 

[Mark75H]

Exactly why we need to contact Governor-elect Hogan about having Jack in that MSP Superintendent position. That's the best way Hogan can help us without sacrificing huge amounts of political capital. In fact, I strongly believe that Jack McCauley would not only help us out with exercising our God-given, Constitutionally-guaranteed rights, but that he would also have a solid impact on crime in this state if given the leeway to run things his way.

The General Assembly would neuter the MSP budget the same way they nixed gambling under Ehrlich

 

[PJDiesel]

The General Assembly would neuter the MSP budget the same way they nixed gambling under Ehrlich

Well,... putting the NICS checks in the hands of the FFLs like many other States would certainly save a buck.

Less budget, less time for them to be tinkering around in one hundred and one databases on their Commodore 64s.

 

[Mr H]

The General Assembly would neuter the MSP budget the same way they nixed gambling under Ehrlich

Ah, but this is a common misconception, as I understand it...

In MD, the Governor develops and submits the budget, not the legislature. We are unusual in that, as well as the point where the GA cannot add to the budget, but only PROPOSE cuts (IIRC).

As always, willing to be corrected/augmented.

 

[Mark75H]

Ah, but this is a common misconception, as I understand it...

In MD, the Governor develops and submits the budget, not the legislature. We are unusual in that, as well as the point where the GA cannot add to the budget, but only PROPOSE cuts (IIRC).

As always, willing to be corrected/augmented.

In the end its the Board of Public Works that doles out the actual money, but the GA would definitely put the screws to Hogan's budget if he did anything they looked askance at.

 

[MrNiceGuy]

The General Assembly would neuter the MSP budget the same way they nixed gambling under Ehrlich

At which point, Hogan comes out swinging with a PR blitz and lawsuits. Headlines abound that the Maryland GA is shafting the police and risking lives, etc etc. Hogan's approval shoots through the roof and GA members risk huge backlash at the next election cycle. In the end, the budget gets restored and we possibly clear some vulnerable GA seats.

Pray they're stupid enough to cut the MSP budget. It'd be a Christmas miracle.

 

[Afrikeber]

The 7 day wait was originally "sold" (promoted) as a "cooling off period." The fact is the 7 day wait was originally implemented so the Department of State Police would have time to receive the application by mail and then return the notice to the dealer. When this process began, it was all completed by U.S. Mail. This could easily take 7 days to complete.

So why would the Department not allow a firearm to be released to a purchaser if this process was complete in three days? Because Maryland law said the person must wait 7 days. The Department of State Police simply had no control over that.

In the mid 90's, the Department of State Police failed to keep up with the 7 day check. Dealers were releasing firearms after the 7 day wait period. At the time, over 200 prohibited people received firearms without a background check being performed. A NICS check would have prevented this from occurring, but the Department refused to allow dealers to perform the NICS check on their own.

When this was uncovered, State Police Superintendent, David Mitchell, was irate. Several high ranking members of the Department were transferred and demoted. The Division was given a new command structure and they began changing internal practices. At the time, there were only 7 people performing the background checks. The Maryland Legislator approved a budget increase to the Department, allowing the manpower in this section to increase to 15 people. At the time, they were averaging only about 26,000 background checks a year.

As time passed and gun control issues quieted down, it was time for more budget cuts in the State of Maryland. In fact, the Department of State Police continued to have their budget cut year in and year out. The Licensing Division received so many personnel cuts that the number of people conducting these background checks dwindled from fifteen (15) to four (4) people in 2011. Despite the pleas of past commanders of the Division, supported by the Department for an increase in their budget, the State Police continued to face cuts. With Colonel Mitchell gone from the Department, this issue was forgotten.

With the election of Barrack Obama, guns sales continued to rise. The estimated increase in firearm sales were very accurately identified every year. The commander of the Licensing Division recognize a crash would again occur. Formal requests (very detailed reports that outlined the need for personnel) for a budget increase to hire additional personnel were denied.

To make matters worse, the building that occupied this entire division should have been condemned. The working conditions inside of a prison were better. In addition to countless other structural deficiencies, the air conditioning in the building was been broken since 2008. Many offices, without windows and no attempt for a solution, left employees working in temperatures at over 94 degrees. The archaic equipment (like one fax machine) was continually breaking down. The commanders requested approval for newer equipment and repairs to not just the air conditioning, but the remaining broken structures. But the requests were denied. The background checks were being conducted by four people, in horrific conditions, using computers that were now 12 years old. Request for funding to automate this process were also denied.

In comes the proposed legislation of the FSA13. The gun sales soared to over 100,000. The department couldn't keep up. One simple fix to ensuring that a prohibited person could not get a gun would be to allow dealers to perform a NICS check. Even members of the State Police Executive staff agreed this was a good idea. But, the Office of the Governor (not the State Police) decided not to allow that to happen.

The result? At least 30 people we know of, and likely many more, received a firearm without ANY background check. Commanders had been demoted and transferred for this same atrocity a little more than a decade before. But now, it was acceptable?

Dealers were always allowed to release a firearm after 7 days. Initially, a formal opinion from the FBI's counsel said this was not legal to perform. The ATF disagreed with the FBI. Maryland law said it was okay. But when pressed for answers, the FBI and the ATF remained silent. They refused to answer phone calls or return any emails on the subject. The conflicting opinions never went addressed by the people responsible for NICS. They simply refused to answer the question.

Some dealers chose to release guns, while others feared repercussion from the ATF. Some dealers didn't want to release a gun without a background check for moral implications while others understood it was not their fault; but, the refusal of the State of Maryland to allow the NICS check to be done.

The fact is a NICS check alone will never prevent ALL prohibited persons in Maryland from purchasing a firearm. But it will prevent anyone with a record of a violent criminal act. It will stop all felons. Many of the prohibiting factors under Maryland law are not identified in a NICS check. This requires additional work. Until recently, many of those checks included mental health records.

When the records checks backed up to over 100 days, the Governor's Office in Maryland knew that although all the records checks that covered Maryland law couldn't be performed, allowing a dealer to at least check NICS would prevent the most violent offenders from purchasing a firearm. Sure, some non-violent offenders may squeeze through the process. But at least the most serious offenders would be stopped. But, the Governor's Office refused to allow dealers to perform a NICS check, knowing guns would be released without any background check at all.

Instead of taking an action to ensure the safety of Maryland, guns dealers were accused of being irrational and refusing to wait the 100 days or more because of unexpected surges in firearms sales. The fact is, dealers saw the delays go from 8 days, to 10 days, to 30 days, to over 100. If they did not began releasing firearms at all, the department would still be working to clear the backlog and the delays would still be continuing. the problem would have been ignored.

One law maker tried to pass legislation that would require the dealers to wait until this check was performed, even if a backlog occurs. Wouldn't it have just been easier to have properly funded the department in the first place? Wouldn't it be easier for a dealer to perform a NICS check and then allow the State Police to perform whatever additional check they want? This would reduce the time constraints drastically. NICS is already set up to do 95% of the work. Yet we want to spend our tax dollars to do the work for them? It just doesn't make sense to me.

This process needs a complete overhaul. As for the 7 day wait? In reality, it was passed before electronic submissions. It was passed before fax machines. The 7 day wait was designed to allow the State Police to receive the application by U.S Mail, conduct the check and return to application by mail. The State Police originally asked for 30 days to do this. The MD Legislators bargained that delay down to 7 days and called it a cooling off period.

With an HQL, there should not be any further delays. An instant verification to ensure the HQL is still valid should be all that is needed. In fact, federal law allows for a waiver of the NICS check to be performed for states that have a purchasing license scheme such as the HQL. The state must first apply to the ATF for this exemption.

But please, don't accuse anyone within the Licensing Division for these delays. Until you have worked with this group of men and women, you don't know who they are, how they think, or what the reason is for a delay. The group of people that perform this background check have no control over this issue. They are given a job to do...check "X " amount of databases, evaluate any criminal offense (in whatever archaic database they are forced to deal with) and "not disapprove," or deny the sale. The only people responsible for this are the Superintendent of the State Police, The Governor's Office and Maryland's General Assembly. I suppose the workers could just take a stance and quit, leave the department and refuse to participate in this process. But, you too could do the same and just buy guns illegally on the street. Instead, many of us are trying to right this ship, identify the many many flaws and move forward with real solutions to gang and drug violence while we deal with unfair, controversial, and unconstitutional laws.

The fact is, Maryland's efforts to reduce violent crime is out of focus. The thousands of man hours spent each day to regulate lawful gun owners is only limiting our ability to go after the real problems that create gun crime. We need to reduce this type of work and instead increase gang and drug enforcement efforts.

Several points bother me:

-Allowing the workplace conditions of these men/woman to deteriorate like they have is unacceptable.

- Allowing the process to permit firearms slipping through NICS to prove a political point at the detriment of Marylanders safety? That may not be criminal but enough to file a civil suit God forbid if someone would have gotten hurt by a firearm that slipped through. It is dereliction of duty/due diligence at the Governors Office level.

- Allowing a slow timeline process that was set up prior to our current technology age to continue without modernizing and thus speeding up the purchase/background check of firearms is in fact infringement of the 2nd Amendment.

- MDs FSA13 must be constantly challenged in the courts for what it is. A complete appeal to ignorance.

- Not knowing what was going on internally, I feel bad that the MSP leadership and employees had to endure this poor treatment from the Governors office. I'm glad that this being exposed. All Marylanders need to know how their leaders are behaving in public office.

Mr. McCauley, Thank you for your service and thank you sir for having the courage to face adversity and speak truthfully regarding this conundrum. Marylanders deserve the truth and you have delivered.

 

[Mark75H]

At which point, Hogan comes out swinging with a PR blitz and lawsuits. Headlines abound that the Maryland GA is shafting the police and risking lives, etc etc. Hogan's approval shoots through the roof and GA members risk huge backlash at the next election cycle. In the end, the budget gets restored and we possibly clear some vulnerable GA seats.

Pray they're stupid enough to cut the MSP budget. It'd be a Christmas miracle.

Um, ... you are forgetting who is in charge of writing headlines

 

[SRD]

Try using this recent quote from the emporer;

"I am absolutely committed as president of the United States to making sure that we have a country in which everybody believes in the core principle that we're equal under the law,Right now, unfortunately, we are seeing too many instances where people just do not have confidence that folks are being treated fairly. And in some cases those may be misperceptions. But in some cases that's a reality."

 

[MrNiceGuy]

Um, ... you are forgetting who is in charge of writing headlines

That'd be some of the same folks who turned on Brown and friends and gave positive press to Hogan. Don't ever think that political leanings will top sensationalism and sales in the media. If there's an opportunity for an explosive story, the media will pick it up in a heartbeat. See also: Marion Barry's bust. If the story is juicy enough, very few will resist the urge to squeeze it for every penny they possibly can. Cops having their budget cut because of a political pissing match is pretty damn juicy.

 

[Mr H]

Try using this recent quote from the emporer;

"I am absolutely committed as president of the United States to making sure that we have a country in which everybody believes in the core principle that we're equal under the law,Right now, unfortunately, we are seeing too many instances where people just do not have confidence that folks are being treated fairly. And in some cases those may be misperceptions. But in some cases that's a reality."

don't forget that it's his "habit" to not give his own opinion on ongoing local LE issues...

Riiiiiight.....