MSP advisory "received" and "one-shot" requirement.

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    The way the MD consitution is written, only a final approval committee actually enacts the letter of the law going into COMAR.

    The General Assembly votes and sends the Act to the releveant state agency for COMAR text write up, the agency writes it up and sends the COMAR text back - not to the entire General Assembly - but simply to the committee empowered to approve the text that will be entered into COMAR. The committee has the power to approve or disapprove any changes the agency sends over.

    So, in MD its not actually the General Assembly that writes law, its just that final approval committee - as enshrined in the MD constitution.

    The above only happens for emergency regulation entered in COMAR, The regulations in COMAR emergency in nature because MSP did not get them finished in time to become effective when the law took affect, so they did both a regular set of regulation (that took affect in January 2014) and the emergency regulations that had to be approved by the AELR (Joint Committee on Administrative, Executive, and Legislative Review) that we as citizens got to testify at.

    As for the regular regulations, the notice gets posted for a reply period to which anyone can reply and make suggestions, and which point the lead agency can accept or reject the suggestions. But, as such, anyone that submitted written suggestions that were not accepted, can then sue that agency over the issue if it does not comply with the law as written by the Legislature.

    This is one of the things that is being done in the HQL lawsuit, since MSI and the organizations, submitted written replies to the regular COMAR regulations and some where not accepted, including our opposition to the one shot requirement.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    COMAR is regs, not law.

    Regs define how a law will be implemented.

    So the fact that there is no mention of a one shot requirement for the HQL in the law, but made it into COMAR would indicate some creative legislating on the part of MSP.
     

    daggo66

    Ultimate Member
    Mar 31, 2013
    1,998
    Glen Burnie
    There are like half a dozen shops that rent firearms in Central MD.

    Why do I suspect antis are calling up "how is this legal?"

    There have been several unfortunate tragedies at some of these ranges. May or may not be a coincidence, but my antenna are tingling.

    More than likely someone on here trying to "prove their point" that your wife needs an HQL to take your gun to the range. No different than the idiots who see a gun for sale at a LGS and contact MSP to see if it's banned or not.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll

    The links to the pdf documents are not working for me. Can you point me to where I can get these advisories?

    I have been questioning "receive" ever since the FSA2013 was proposed. Could I loan a handgun to a family member or friend. This seems to address that concern. Granted, MSP interpretations aren't binding on the courts, but still something to waive around.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    not working foe me either. I was not aware of the advisory on ammunition for HQL. I'd like to have it. can you just put it here as an attachment instead of Tapatalk?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    i have the AG opinion on receive

    Not the MSP advisory though.
    .
     

    Attachments

    • OAG_Responseon receive.pdf
      180.9 KB · Views: 120

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Yep, I have that one too. Been collecting them for a while now. Just don't have the two that the OP referenced.



    Between the gun regs and the hunting regs, it is enough to give a person a migraine. Throw in the fishing regs, and good Lord.



    Happy Thanksgiving.


    Pm me your email.. I'll forward you the pdfs I got.

    Edit.. try these links

    https://content.govdelivery.com/att...-17++LD-HQL-17-003++Definition+of+Receive.pdf

    https://content.govdelivery.com/att...7-004+Alternative+Ammo+for+Live+Fire+Trng.pdf


    Edit 2... opened on my phone fine.. not on ipad.. Hmm..
     

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