PERMIT APPLICATION RETURNED

[Norton]

Merlin, you don't have to worry about Dead Eye for at least a week, he got the temporary ban hammer today.

nah....he upped the ante and sent an email that resulted in him not coming back at all.

 

[PapiBarcelona]

That's the second time he's been banned.

 

[PapiBarcelona]

He may be back, just under a different alias. lol

 

[BUFF7MM]

nah....he upped the ante and sent an email that resulted in him not coming back at all.

I figured he was going to do that after reading his first email. I know earlier today he seemed like he was trolling a little bit, even had me a little miffed and I usually just let that stuff go but I had to state my peace.

 

[jfox]

Well, as you know, I don't give legal advice, but I will share with you what I plan on doing, as I am the same position as you (filing pre-stay). If they have not acted on my application, I plan on sitting on it until the Stay is decided, even if that means NOT going to the Board on the 91th day. The stay will be decided in June by Judge Legg. It is not much of a wait. If the stay is denied by Judge Legg, I will wait for it to be decided by the CA4 if the State is so foolish as to seek a stay from the court of appeals. When and if the stay is denied by the CA4, I will wait a small amount of time and see what is happening to pending applications and then make a decision whether to push my application to the Board.

Esqappellate, I am curious: Why did you say "..if the state is so foolish as to seek a stay from the court of appeals?" That is exactly what I would expect them to do.

 

[esqappellate]

Esqappellate, I am curious: Why did you say "..if the state is so foolish as to seek a stay from the court of appeals?" That is exactly what I would expect them to do.

Well it reflects my own assessment of the likelihood of success if they lose in front of judge Legg. That said I expect them to be foolish too

 

[tdt91]

This thread gets more interesting every day.

 

[Merlin]

Well it reflects my own assessment of the likelihood of success if they lose in front of judge Legg. That said I expect them to be foolish too

I can imagine the state on some level is like a kid that is not getting their way. But do you think the MSP or the AG will do things that may put them in a bad light?

 

[esqappellate]

I can imagine the state on some level is like a kid that is not getting their way. But do you think the MSP or the AG will do things that may put them in a bad light?

You mean other than this bs with returns of apps. ? Doubtful But these guys are surprising

 

[Merlin]

You mean other than this bs with returns of apps. ? Doubtful But these guys are surprising

Maybe the MSP are just testing the water to see if the hand full of people will just drop it if they get returned. Send a few back and wait to see if anything come of it. If not, send a few more back.

 

[Inigoes]

Maybe the MSP are just testing the water to see if the hand full of people will just drop it if they get returned. Send a few back and wait to see if anything come of it. If not, send a few more back.

The damage to the states argument is already done if that denial paper gets in front of judge Legg.

 

[Mr H]

You mean other than this bs with returns of apps. ? Doubtful But these guys are surprising

Surprising... like when the sewer backs up...

 

[Mr H]

Maybe the MSP are just testing the water to see if the hand full of people will just drop it if they get returned. Send a few back and wait to see if anything come of it. If not, send a few more back.

Eeeehh...

I still say this comes from above MSP.

Pure speculation, but if this comes to a head, you may see some dissention in the ranks.

 

[Bosco1911]

just received my denial / non denial paper today. I wouldnt mind the loss of the $75 dollar app fee for a denial and screw their approved/denial percentage but now Im out 54 bucks for the live scan and my application had no impact... unless Legg see's it

 

[PJDiesel]

just received my denial / non denial paper today. I wouldnt mind the loss of the $75 dollar app fee for a denial and screw their approved/denial percentage but now Im out 54 bucks for the live scan and my application had no impact... unless Legg see's it

I'm still a bit confused on why you cant just plop it back in the mail and have the livescan hold the same validity as when they FIRST got it? I was my understanding your receipt had to reach them within 72 hours, the "prints" themselves were good for 30 days........?

I dont see why just because they chose to make up a third option to the process, that effects the valadity of your livescan.

 

[Bosco1911]

I'm still a bit confused on why you cant just plop it back in the mail and have the livescan hold the same validity as when they FIRST got it? I was my understanding your receipt had to reach them within 72 hours, the "prints" themselves were good for 30 days........?

I dont see why just because they chose to make up a third option to the process, that effects the valadity of your livescan.

I am sure the Post office would mind the extra money in postage to resend it.

That being said I dont disagree with you. Just not sure if they would accept it with an old Livescan receipt. It needs to be in their post marked or in their hands within 72 hours of the Livescan. So my guess is they would deny it because of the date being old.

 

[Patrick]

I am sure the Post office would mind the extra money in postage to resend it.

That being said I dont disagree with you. Just not sure if they would accept it with an old Livescan receipt. It needs to be in their post marked or in their hands within 72 hours of the Livescan. So my guess is they would deny it because of the date being old.

They got it the first time. They refused to process it because it was lacking G&S. It was denied.

Don't fall prey to their made-up definitions. Nothing in Maryland law lets them avoid processing a completed application. It is either awarded or denied. It doesn't matter how they denied it - they did.

 

[Inigoes]

They got it the first time. They refused to process it because it was lacking G&S. It was denied.

Don't fall prey to their made-up definitions. Nothing in Maryland law lets them avoid processing a completed application. It is either awarded or denied. It doesn't matter how they denied it - they did.

It is in the COMAR that the MSP must receive the application

29.03.02.03
"Upon receipt of the application and the supporting material described, the Secretary shall cause an investigation of the applicant to be conducted for the purpose of determining whether the applicant possesses the qualifications for a permit as required by Public Safety Article, §5-306, Annotated Code of Maryland."

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.03.htm

Although the state may argue that the investigation was quick

29.03.02.06
Upon the completion of the investigation, the Secretary of State Police shall notify the applicant by letter either that the permit has been issued or that it has been denied.

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.06.htm

 

[PJDiesel]

I am sure the Post office would mind the extra money in postage to resend it.

That being said I dont disagree with you. Just not sure if they would accept it with an old Livescan receipt. It needs to be in their post marked or in their hands within 72 hours of the Livescan. So my guess is they would deny it because of the date being old.

Okay, obviously I didn't mean without postage affixed.

Point is, it was through NO FAULT of your own. They HAD the livescan on time, it was by their arbitrary decision to re-write the rules that the application is back in your hands so soon.

 

[Inigoes]

29.03.02.04
Criteria for Issuance of Permit.

In making a determination as to whether a permit will be issued to the applicant, the following areas will be a part of every investigation and will be considered in determining whether a permit will be issued:

A. Verification of the information supplied by the applicant in the application;

B. Occupation or profession of the applicant;

C. Geographical area of residence and employment of the applicant;

D. Criminal record of applicant, including any juvenile record for an applicant younger than 30 years old, as specifically outlined in Public Safety Article, §5-306(b), Annotated Code of Maryland;

E. Medical history of applicant as it may pertain to the applicant's fitness to wear, carry, or transport a handgun;

F. Psychiatric or psychological background of applicant as it may pertain to the applicant's fitness to wear, carry, or transport a handgun;

G. Reasons given by the applicant as to whether those reasons are good and substantial;

H. Age of applicant;

I. Applicant's use of intoxicating beverages and drugs;

J. Information received from personal references and other persons interviewed;

K. Information received from business or employment references as may be necessary in the discretion of the investigator;

L. Whether the applicant has any alternative available to him for protection other than a handgun permit;

M. Whether the applicant falls within those classes of individuals who do not need permits as outlined in the Handgun Permit Law;

N. The applicant's propensity for violence or instability which could reasonably render his wearing, carrying, or transporting of a handgun a danger to himself or other persons he may come in contact with;

O. Whether the permit is necessary as a reasonable precaution for the applicant against apprehended danger.

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.04.htm

It appears that the MSP is not following their own rules again