Vinny DeMarco, re: HQL

[mvee]

Suppose the Frederick Sheriff is at a local gun store on October first to buy some ammo and a cleaning kit. If he and sees a lady walk up to the counter next to him and pickup a handgun that she purchased 8 days prior without showing a HQL. Couldn't he arrest the lady and the FFL if he witnesses the transaction?

 

[csanc123]

then how could the AG prosecute you for a violation.

Splitting hairs but MSP is not the only law enforcement arm in the state.

 

[Mr H]

Suppose the Frederick Sheriff is at a local gun store on October first to buy some ammo and a cleaning kit. If he and sees a lady walk up to the counter next to him and pickup a handgun that she purchased 8 days prior without showing a HQL. Couldn't he arrest the lady and the FFL if he witnesses the transaction?

Jenkins??

Would be interesting, considering he is a "Mack Pledge" sheriff.

 

[Brooklyn]

The regulation language mimics the law. It is illegal to transfer/receive a handgun after 10/1. The MSP does not have the luxury of deciding which laws to execute. Their job is to execute the laws as written. There is no wiggle room in the law giving them the ability to reinterpret the provision.

Well in fact they have duty not to enforce unconstitutional laws... I dont know if they are making that claim...

Bottom Line ---when elephants dance stand clear...

Stand back and wait for the courts....

 

[ShallNotInfringe]

Well in fact they have duty not to enforce unconstitutional laws... I dont know if they are making that claim...

Bottom Line ---when elephants dance stand clear...

Stand back and wait for the courts....

Did the MSP say they aren't enforcing SB281 because it is an unconstitutional law?

 

[Mr H]

Did the MSP say they aren't enforcing SB281 because it is an unconstitutional law?

This is the core of their rationale...

The Maryland State Police (MSP) will not enforce the requirements of the new law with respect to applicants whose applications are pending as of October 1. It was widely understood that the new requirements would not be enforced as to applications that were pending before October 1. In light of the number of currently pending applications—resulting from the unprecedented spike in new applications in recent months—it is a fair, reasoned, and appropriate result for those who are waiting for their pending purchase applications to be processed.

Besides... didn't Doogie say something like SB281 was "likely Constitutional"??

That sounds good to me....... NOT!!!

 

[Brooklyn]

Did the MSP say they aren't enforcing SB281 because it is an unconstitutional law?

They are saying they are not willing to get caught in the middle...

The HQl required interpretation is impeachable in court, the question is if the argument will be persuasive to the court. Then there is the injunction issue. I can not say we will win. I can say there is a case to be made.

And today it started ..

There is no way the MSP can be a blunt as some of us would like...

Just like the press release about the gov gun bill that walked very close to insubordination but did not cross the line..

A good way to start my long weekend

 

[ShallNotInfringe]

They are saying they are not willing to get caught in the middle...

The HQl required interpretation is impeachable in court, the question is if the argument will be persuasive to the court. Then there is the injunction issue. I can not say we will win. I can say there is a case to be made.

And today it started ..

There is no way the MSP can be a blunt as some of us would like...

Just like the press release about the gov gun bill that walked very close to insubordination but did not cross the line..

A good way to start my long weekend

You really should take the LSAT with me next weekend.

 

[Brooklyn]

You really should take the LSAT with me next weekend.

no I hate the law.. and I hate lawyers ... Well unless they are women who are also engineers


But if you meet any sexy single women lawyers that earn well I can be rented if not bought

 

[fred2207]

I still believe many of you are over thinking this issue...