Maryland CCW Application via MDSP Portal

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,385
    Ugh. That creates a potential problem with attacking process issues beyond G&S via lawsuit. IIRC courts usually don't consider plaintiffs in regulatory cases to have standing until all avenues of administrative appeal have been exhausted. And that could drag on for months to years before a court is willing to take on a case with standing originating from a timeliness issue. Yeah, yeah, BGOS.....
    Actually I have been thinking about this. The law in Maryland says they have 90 days to approve or deny. If they deny for lack of G&S, they are violating the SC. The should not have the ability to use the cover of regulatory stuff to delay it once denied. As soon as they deny, they are in violation of a court order. If they just dont approve it due to a long delay then you would have to go thru the hearing and appeals.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,197
    Anne Arundel County
    Actually I have been thinking about this. The law in Maryland says they have 90 days to approve or deny. If they deny for lack of G&S, they are violating the SC. The should not have the ability to use the cover of regulatory stuff to delay it once denied. As soon as they deny, they are in violation of a court order. If they just dont approve it due to a long delay then you would have to go thru the hearing and appeals.
    Under current MD law all that the 91st day buys you is the ability to appeal the delay to an Administrative Hearings Officer. There's nothing in the law that says 90 days is some sort of hard limit on allowed processing time, or that your permit is automatically released. If you believe that Bruen somehow grants instant ConCarry in MD to anyone who has applied for a permit, I don't see any material difference between Day 91 and Day 1.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,385
    Under current MD law all that the 91st day buys you is the ability to appeal the delay to an Administrative Hearings Officer. There's nothing in the law that says 90 days is some sort of hard limit on allowed processing time, or that your permit is automatically released. If you believe that Bruen somehow grants instant ConCarry in MD to anyone who has applied for a permit, I don't see any material difference between Day 91 and Day 1.
    I agree except when they deny for lack of G&S, and thats at any point from day 1 to day 1xxx. As soon as the denial it becomes violation, but yes they can delay a long time.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Ppl seem to be under this absurd notion carry permit issuance is instantaneous. I had to wait for my VA, FL, and UT permit too. MD has 90 days to issue permits before you get a hearing to force them. If you apply today, best case you will get it end of September. The normal time is ~60 days, so Frosh can wait another 3 weeks to issue guidance and still make the 90 days. No one who has applied in the last week for any reason has received any permits, G&S or not. There have been around 8000 permits started, about 400 submitted - many who are training exempt - which means around 7,600 are waiting for training. Come end of July, that 400 will likely be 2,500. My guess, the MSP will have to issue over 300,000 permits, or about 6,000 a week.

    So for those waiting, come October, you will be at the way back of the line hoping for a permit by Feb, praying for an MSI injunction, while everyone else who was early is flexing on you, and you are kicking yourself for waiting.
     

    JPG

    Ultimate Member
    Aug 5, 2012
    7,065
    Calvert County
    Actually I have been thinking about this. The law in Maryland says they have 90 days to approve or deny. If they deny for lack of G&S, they are violating the SC. The should not have the ability to use the cover of regulatory stuff to delay it once denied. As soon as they deny, they are in violation of a court order. If they just dont approve it due to a long delay then you would have to go thru the hearing and appeals.
    Back in 2013 when everyone was buying pistols before they had to get an HQL, it was taking the MSP months to “not disapprove “ someone for their 7 day wait. AND their were FFLs that wouldn’t give you your pistol til they received the OK from the MSP even after several months although the law said they could on day 8.
     

    Ecestu

    Ultimate Member
    Dec 11, 2016
    1,478
    Concur. I'm taking the same position. I waited a decade for this; I can wait another month or so.

    I would counsel: If you have the time to spend and money to gamble, definitely apply now and join the hundreds of others in the MSP "holding pen". If not, wait and see what Frosh does in the near term and the MGA this Fall. Right now, MSP's hands are tied by existing law and decisions.
    If the laws are unconstitutional, how does an entity like MSP legally proceed? It's okay for them not to do anything? Or should they try to do things the correct (legal) way?
     

    gruntz03

    Active Member
    Jan 6, 2009
    649
    Lusby
    At what point are they following orders they know to be illegal. Wouldn't Frosh have to take into account that the issuing Agency is a Law Enforcement Agency? Is there some kind of accreditation that MSP has to maintain?
     

    Ecestu

    Ultimate Member
    Dec 11, 2016
    1,478
    At what point are they following orders they know to be illegal. Wouldn't Frosh have to take into account that the issuing Agency is a Law Enforcement Agency? Is there some kind of accreditation that MSP has to maintain?
    Exactly. What federal agency gets involved to crack heads when the local cops go rogue? US Marshals? FBI?
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,755
    here is the code and a quote from the laws

    (2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.
    (b)(1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.
    (2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a finding of facts and a decision.
    (3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.
    If someone wanted to challenge that, I'd bet under this new decision that'll get struck real quick. That isn't remotely reasonable under a shall issue scheme. At least not the initial part. Of course
    At what point are they following orders they know to be illegal. Wouldn't Frosh have to take into account that the issuing Agency is a Law Enforcement Agency? Is there some kind of accreditation that MSP has to maintain?
    when Frosh or a district court specifically tells the agency they are in violation of the law.
     

    shershot99

    Active Member
    Mar 22, 2010
    334
    Carroll County
    I am not the svelte strip of dashing gristle I once was. I carry IWB at 3-4 o’clock. Never a problem while driving. Think about how many variables you’re introducing when you swap out gun location as you get in and out of the car. You increase the odds of bobbling it, of Karen seeing you gun up in the parking lot and making a 911 MWAG call, etc.

    All depends what you’re carrying and wearing, but I feel no urge to swap around at the vehicle, and no discomfort.

    You make a damn good point. Thank you. More variables is not a good thing.


    Sent from my iPhone using Tapatalk
     

    LCPIWB

    Needs an avatar
    MDS Supporter
    Nov 17, 2011
    2,010
    Underneath the blimp, Md.
    Concur. I'm taking the same position. I waited a decade for this; I can wait another month or so.

    I would counsel: If you have the time to spend and money to gamble, definitely apply now and join the hundreds of others in the MSP "holding pen". If not, wait and see what Frosh does in the near term and the MGA this Fall. Right now, MSP's hands are tied by existing law and decisions.

    Maryland General Assembly (MGA) does nothing in the fall. Session is January to April.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,494
    Carroll County!
    Under current MD law all that the 91st day buys you is the ability to appeal the delay to an Administrative Hearings Officer. There's nothing in the law that says 90 days is some sort of hard limit on allowed processing time, or that your permit is automatically released. If you believe that Bruen somehow grants instant ConCarry in MD to anyone who has applied for a permit, I don't see any material difference between Day 91 and Day 1.

    Actually the law says
    § 5-306. Qualifications for permit
    In general
    (a) Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:…..

    REASONABLE TIME!


    Sent from an undisclosed location.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,197
    Anne Arundel County
    Actually the law says
    § 5-306. Qualifications for permit
    In general
    (a) Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:…..

    REASONABLE TIME!


    Sent from an undisclosed location.
    To you and me reasonable time is 1 week. To MSP, it could be 1 decade. So we're back at court with a judge deciding who's interpretation of reasonable is, well, reasonable. And after a reasonably long hearing schedule and deliberation time, the court will render a decision on whose definition of reasonable is more reasonable.
     
    Last edited:

    jeffgall295

    Member
    Jun 19, 2022
    59
    Rockville
    Only good citizens are upheld to full extent of the law…

    I wouldn’t be surprised to “reasonably” delay the process that what NY and CA are doing would happen here as far as their new “good moral character” and personal interview with county law enforcement and leaving it up to their discretion. Doesn’t follow bruen but there seems to be no care for any SC decision, god forbid a data doxx in MD too


    Sent from my iPhone using Tapatalk
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,780
    Messages
    7,295,564
    Members
    33,519
    Latest member
    nexgen98

    Latest threads

    Top Bottom