SB281 convictions?

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Pick or choose the ones you like or use the ideas to write better ones.

    United States currency specifically states that it is legal tender for all debts both public and private. Why does the HQL require the use of a credit/debit card?

    Not everyone in Maryland has access, knowledge or the physical ability to use a computer. Why is there no alternative method for applying for permission to exercise a God given and Constitutionally recognized right? Why is only a single computer operating system supported?

    The HQL requires travel to a relatively few commercial locations to be fingerprinted. In many rural areas of the state there is no public transportation available. How many residents who potentially would apply are excessively burdened by lack of public transportation?

    What is the average wait time from application submittal to receipt of license? How long does the approval process actually take?

    The HQL process disproportionately burdens the poor, elderly, rural, handicapped, least educated, and immigrant (particularly language) populations of the state. Why is this not a civil rights violation?

    Since the HQL imposes a safety training requirement on a constitutionally guaranteed right. How many handgun accidents has the training prevented since its inception?

    How many illegally possessed handguns have been found in the state of Maryland since the HQL requirement took effect? How many of the illegal handguns were acquired after the HQL requirement became mandatory? How many of the illegal possessors have or had applied for an HQL? How many of those who illegally acquired handguns have been charged with and/or adjudicated for violation of the HQL statute?


    Thanks!
     

    travistheone

    Usual Suspect
    Dec 11, 2008
    5,600
    cockeysville
    have any criminals stated on record that they could not acquire a means to kill due to HQL?

    was the implementation of HQL based on success of similar requirements in other areas? If so, where? If not, what led the state to believe the process would be useful?

    have gun sales gone down since the HQL implementation? how about gun crimes?

    of the nearly 400 murders in baltimore during 2016, how many of the arrested parties had an HQL?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I wonder whether it's worthwhile analogizing the HQL requirement to Trump's temporary travel ban that only affects 7 countries, but federal judges in HI and MD believe is a "Muslim ban" based on Trump's prior statements. The HQL squarely falls into the outline set forth by Joseph Curran in 1999, to restrict and strangle the handgun market until they can't be privately owned any more.

    In fact, the economics of ever-increasing restrictions tend to drive sellers out of business without even having to ban them outright. Just make the burden hard enough, and the market disappears. Like happened with health insurers pre-Obamacare, paving the way for a national takeover.

    Also, remember Madame Dumais's (D-MoCo) shepparding SB281's passage on the House Floor? Republicans offered many common sense amendments that: 1) were actually directed at reducing crime; and 2) reduced the Bill's burdens on firearm ownership. These amendments were universally rejected under strict orders from O'Malley, Miller, and Busch, to ensure smooth passage, and they also evidence the MGA's ulterior motives to intentionally burden and ban firearm ownership, not to fight crime or "handgun violence."

    The entire SB281 exercise was a farce, as we all know -- right down to Vallerio's committee re-vote when he didn't like the outcome.

    Vallario only called for the revote, after the Senate President, Mike Miller (who was sitting behind Vallerio at the bill voting session. Now, how many times have you seen the Senate President sit in a House Committee hearing??
     

    KJackson

    Ultimate Member
    MDS Supporter
    Apr 3, 2017
    8,660
    Carroll County
    2) How many criminals have been caught by the fingerprinting provision of the HQL license?

    They will probably say that it doesn't matter. What it has done is prevented those who could not pass from applying.


    4) To their knowledge, has anyone failed the live fire portion of the HQL test, and how can they prove the test is effective.

    This requirement I never understood since for my training class it was basically hold the grip and pull the trigger while the instructor actually holds the gun.

    5) In issuing a HQL which takes approximately 30 days, the police are stating that the buyer is lawfully allowed to purchase a firearm, yet it doesn't exclude that person from an additional 7 day delay before the purchaser can pick up a gun they purchase. Espescially in circumstances where the person is a designated collector who already owns many guns, how is this additional wait not a burden and what crimes has it prevented?

    Unfortunately, this one almost makes sense. Since the license is good for 10 years, how else are they to know if you legal status has changed since it was issued?
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    Q: Since passing the HQL law, has there been any positive change in availability of handguns to criminals, use of handguns in crimes, or frequency of handgun-related shootings?
    A: The answer is no to all 3, the law has had zero affect on gun crime--but the defense by the state will be "all the illegal guns are coming from outside our state now, the law is working as planned".

    Q: Given its multiple financial and time burdens: training fees, fingerprinting fees, licensing fees, travel requirements--how can the HQL not be seen as a de facto ban affecting most indigent from their right to self defense? It denies those in highest risk neighborhoods access to the most commonly used self-defense firearm. It's a civil rights violation of the 2nd amendment.
    A: The state will claim that it hasn't banned "unlicensed" people from buying shotguns or other firearms (yet). A useful defense might be that buying handguns on the black market is about equal to to the total cost of jumping through the HQL hoops plus the cost of purchase. And, that a shotgun is hard to conceal safely from children, and presents a different public safety risk.

    Q: Which part of "Shall not be infringed" is not legally defensible to you? :D
    A: I've yet to hear a argument to this that holds water.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,284
    There are three burdensome fees associated with acquiring an HQL, the cost of training, the cost of live scan fingerprints, and the cost of the application and permit. What is the actual cost of reviewing a series of databases and printing and mailing the physical HQL? Did Maryland consider less costly options to achieve the same results such as accepting other nationally recognized training programs such as provided by the NRA or other organizations? (I have been an NRA Basic Marksmanship Instructor for over 35 years and am a former NRA Certified Class "C" Coach in both Rifle and Pistol but if not exempt for other reasons would have had to pay for training) Did they consider allowing the use of conventional fingerprints obtained from local law enforcement agencies? What is the purpose served by the fingerprints, does one of the databases checked require print verification or are the prints used in some way to verify the ID of the HQL applicant or the ID when a gun is purchased? Do each of the fees charged reflect actual costs or are they arbitrary and capricious?

    Did the state of Maryland apply a cost benefit study (there is a legal term that appears in some of the cases) to insure the least restrictive means was applied to the burdening of a Constitutionally guaranteed right?

    Since its inception there have been 74,000 HQL's issued. In that same period of time how many citizens have complained to either the MSP or the elected representatives of the legislature that the HQL was a burden?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,199
    The stated reason for the fingerprints was having to go into a police station to be fingerprinted would intimidate potential straw purchasers from doing so. Imeadately after that ink fingerprints were done away with, and replaced by Livescan from commercial vendors.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,089
    I'm really surprised how little some people seem to care about the invasion of privacy and the personal, physical intrusion of fingerprinting TO EXERCISE A RIGHT. To them, it's the cost and inconvenience.

    What other RIGHTS require you to give up other rights in order to exercise them?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,199
    Some of us care, hence the HQL lawsuit.

    Some of us care, and thereby don't have HQL's .
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Hear, Hear ...

    I'm really surprised how little some people seem to care about the invasion of privacy and the personal, physical intrusion of fingerprinting TO EXERCISE A RIGHT. To them, it's the cost and inconvenience.

    What other RIGHTS require you to give up other rights in order to exercise them?

    It's not an enumerated right if you are required to pay for it ... especially when it's the gov'mnt with their hand out. In any other circumstance it would be called bribery, except here in the PRofMD.

    AFA privacy, applying the same convoluted thinking to state and local elections, why not require fingerprinting to vote ? But the state hands out voter registration cards like party favors then turns a blind eye to potential fraud emanating from sanctuary communities. In both cases, the burden placed on us to exercise a God-given right sides would favor overlooking illegal activity ... non-citizen voting or criminal gun use/ownership.

    When voting, commenting, posting, and protesting, keep this picture in the back of your mind ... and never, Never, NEVER give up. Fight the fallout of SB281 in every way you can, because Miller, Busch, Frosh and their sycophants in the MDGA want to expand on it.
     

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    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,284
    Those who care it is always a good time to send a donation to MSI to help pay for this lawsuit. Defending rights doesn't happen without a cost.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,284
    How many arrests/citations have there been a result of falsifying information on the HQL application? Eg convicted felon, answering no to being a convicted felon.

    Two part question, How many prohibited persons have applied for a HQL using a regulated firearm training exemption? How many prohibited persons were prosecuted for being a prohibited person in possession as a result of the HQL denial?

    What is the total number of HQL applications? How many HQL's have been issued? How many HQL's have been denied? What are the reasons HQL's have been denied? How many have been denied for each reason? Have any HQL's been revoked and for what reasons?

    How many HQL holders have been denied during the subsequent re-investigation during the 7 cooling off period when they bought or transferred a regulated firearm?

    How many firearms have been transferred to HQL holders? How many HQL holders have purchased or transferred more than one regulated firearm? How many HQL holders have not purchased or transferred a regulated firearm?

    The HQL process requires the checking of multiple databases. How many denials are based on each database checked? How many denials are only based on a single database? Are there any databases that if not checked would have resulted in a denied person receiving an HQL because the reason for denial showed up no where else?
     
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    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    What is the total number of HQL applications? How many HQL's have been issued? How many HQL's have been denied? What are the reasons HQL's have been denied? How many have been denied for each reason? Have any HQL's been revoked and for what reasons?

    How many HQL holders have been denied during the subsequent re-investigation during the 7 cooling off period when they bought or transferred a regulated firearm?

    How many firearms have been transferred to HQL holders? How many HQL holders have purchased or transferred more than one regulated firearm? How many HQL holders have not purchased or transferred a regulated firearm?

    The HQL process requires the checking of multiple databases. How many denials are based on each database checked? How many denials are only based on a single database? Are there any databases that if not checked would have resulted in a denied person receiving an HQL because the reason for denial showed up no where else?


    Thanks! These are good.
     

    chilipeppermaniac

    Ultimate Member
    MDS Supporter
    Thank you

    Ok: Here is a challenge to everyone on MDS. In the HQL suit, we will be taking discovery of the State concerning how effective the HQL has been in protecting the public safety (the asserted justification). The discovery will take the form of written questions to the State (called "interrogatories") that they have to answer under oath. Lying on interrogatories by state officers is considered bad form in federal court, so they will have try to answer honestly (or object). So give me your five best questions you would put into interrogatories that you would present to the State for them to answer in the HQL suit. Remember, this has to relate to the HQL, nothing else. Have a go.


    Thank you for this esq. I will be pondering as many questions as I can come up with up to 5.

    Esq, would it be terrible to ask a question like if a person who was legal to purchase a regulated firearm prior to the HB281 and also was a designated collector prior to Oct 2013 and is in possession of both regulated and non regulated firearms and passed all checks prior to and including the HB281, but is the victim of 2 home invasions in years 2012 and 2014 in which the neighbor (father) got a 10 year with 3.5 suspended down to 6.5 year sentence and the son ( a 15 year old minor) both who stole from my homes to fuel their need for drugs? The current status now sits to where the father got out on parole after serving less than 1/3 of his 10 year sentence, and the son is still failing drug tests and needing repeat trips to rehab and yet lives in the same house with the grandmother as he did when both he and his father who grew up there as well robbed my houses 2 and 3 doors away. No clue where the Paroled father lives or is permitted to live as I was not adequately informed of his last pending parole review until I found out via my own research that he was no longer an inmate when I checked the first part of March 2017.

    How is the HQL that I had to endure paying top dollar to get printed and background checked doing it's part to ensure these criminals who got a slap on the wrist won't be stealing or buying guns off the street to then come and blow my head off when I am home as retribution for the minimal punishment they received in this state that cares so much about the safety of it's citizens?
     
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