HPRB Review Board after October 1st

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  • May 8, 2018
    42
    Hello All,

    Can anyone or everyone shed some light into the new process that started the first of this month. I am not up to date on the changes and i am hoping that someone here can help clarify the new process.

    Review Board?
    Judge?
    Informal Review Letter?

    Thanks Everyone

    _________________
    I am not a lawyer , but i did stay at a Holiday in Express last night.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    There was an addition to the process, but no other changes. The MSP may now appeal any decision the Handgun Permit Review Board makes to the Office of Administrative Hearings.
    You can read more on what that does below in MSI's veto request:
    https://www.marylandshallissue.org/...9-the-handgun-permit-review-board-repeal-bill
    Snippet
    The House’s attempt to abolish the Board failed in the Senate, which retained the Board, but then amended the bill to add a new layer of de novo administrative review of Board decisions before the Office of Administrative Hearings. Board decisions are given no weight in such de novo proceedings and the applicant is forced to begin the appeal process all over again. Under the bill, the entire administrative appeal process must be completed before an appeal can be taken to circuit court. There is nothing remotely defensible about adding this new layer of de novo administrative proceedings. The Board is accessible to citizens who cannot afford a lawyer. It is a true citizen oversight board. Such citizen access is simply not reasonably possible if the Maryland State Police decisions are appealable to the Board and then again by the State Police to administrative law judges. ALJs conduct formal, trial-type hearings under rules and procedures that are well beyond the ability of lay persons to understand or follow. Applicants would thus be forced to retain counsel and bear the burden of substantial attorneys’ fees. HB 819 would thus unjustly impact the ability of ordinary citizens to seek justice from arbitrary State Police action by limiting the right of appeal to the well-off. The Board has admirably corrected arbitrary State Police actions and that should be applauded, not limited.
     
    May 8, 2018
    42
    Thank You for the Quick Reply, This was easy to follow and understand. Glad I am a MSI member and for all the work they do.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,773
    Works both ways . If the Citizen isn't satisfied with HPRB decision , next step is ALJ also .
     

    Bigfoot21075

    Ultimate Member
    Nov 3, 2008
    1,404
    Elkridge, MD
    IMHO - This could have a huge impact. Unless I am wrong, it sounds like I can get all of my ducks in a row and MSP can deny me, I can appeal and MSP can override my winning appeal with appeal after appeal until I give in. Am I missing something here?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,773
    They always could have done so already . They have rarely , if ever, decided to appeal to Circuit Court . Whether they will do so more frequently to ALJ remains to be seen .
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    IMHO - This could have a huge impact. Unless I am wrong, it sounds like I can get all of my ducks in a row and MSP can deny me, I can appeal and MSP can override my winning appeal with appeal after appeal until I give in. Am I missing something here?

    That's what MD is counting on. You can win at HPRB without an attorney.

    Not so much with an ALJ.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    IMHO - This could have a huge impact. Unless I am wrong, it sounds like I can get all of my ducks in a row and MSP can deny me, I can appeal and MSP can override my winning appeal with appeal after appeal until I give in. Am I missing something here?

    That's not exactly how it works.

    You apply.

    MSP denies you.

    You appeal to the HPRB. IF you win at HPRB, MSP can now appeal that to an Administrative Law Judge.

    You would then have to show up at the hearing before the ALJ and be prepared to negotiate whatever that process looks like, which will likely require the services of an attorney who is familiar with how the whole thing works so you don't accidentally violate protocol and lose your case for yourself.
     
    May 8, 2018
    42
    Thanks all for this info. I am interested in watching the process if it is not sealed to see this. I am sure the first few that go through this are going to have the hardest time and the outcome will be interesting to see.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    The HPRB process is not sealed - they are public meetings, and there is a contingent of folks from here who go to every meeting. The ALJ hearings..... I don't know if those are public or not, but I agree with you - this will be a whole new process to break in and learn for all of us.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,845
    Cuba on the Chesapeake
    So handgun permit review board is still the thing to request rather than an informal review?



    You can do both, the informal will be done first and if you succeed there (doubtful but it sometimes happens) you can drop your appeal to the HPRB.

    The important thing to remember is to send in your appeals to one or both of them before 10 days after receiving your permit. The paperwork to do so will be with your card.
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,523
    MD
    I'm assuming 10 days is okay as long as it's postmarked within that time? The date on the sheet to return it for the hprb is like 7 days before I actually received it in the mail.
     

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