HB 819 HAndgun Review Board

rbird7282 · Mar 23, 2018

Allen65 said:
99.995% of Marylanders have no idea what the HPRB is or does. Of those, probably 50% want it gone b/c in its current incarnation, it has the temerity to comply with the actual law as interpreted by the Woollard Decision court. That makes for a sh*t tempest in a dollhouse teapot. Unfortunately.

99.995% of MD legislators have no idea what the HPRB is or does.

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Schipperke · Mar 24, 2018

ironpony said:
Is there any reason for MDSP not to appeal any and all HPRB favorable decisions?

and yup, mo money! like the HQL scheme.

Why wouldn't MSP take it to ALJ if they get overturned by HPRB? De Novo hearing. I actually think this is worse than 86ing the HPRB. Now you give MSP two bites at the Apple.

Zorros · Mar 24, 2018

Schipperke said:
Why wouldn't MSP take it to ALJ if they get overturned by HPRB? De Novo hearing. I actually think this is worse than 86ing the HPRB. Now you give MSP two bites at the Apple.

Msp won’t be making the decision, the asst attorney general will. He’s be working 24/7 on just this. Human resources, abuse of discretion by HGRB are going to be factors. Can anyone say what the status of this bill?

esqappellate · Mar 24, 2018

Zorros said:
Msp won’t be making the decision, the asst attorney general will. He’s be working 24/7 on just this. Human resources, abuse of discretion by HGRB are going to be factors. Can anyone say what the status of this bill?

Here is the Senate bill, as amended by the JPR committee. The House bill has already passed the House. The Senate version has passed second reader.

Allen65 · Mar 24, 2018

Zorros said:
Msp won’t be making the decision, the asst attorney general will. He’s be working 24/7 on just this. Human resources, abuse of discretion by HGRB are going to be factors. Can anyone say what the status of this bill?

Actually, Frosh's folks won't. The Secretary (i,e, MSP), or the Applicant (or existing Holder) are the only parties with standing to appeal under this bill as amended.

danb · Mar 24, 2018

Allen65 said:
Actually, Frosh's folks won't. The Secretary (i,e, MSP), or the Applicant (or existing Holder) are the only parties with standing to appeal under this bill as amended.

Directly, yes.

Indirectly, by advocating for an appeal? Theoretically, the Secretary reports to Hogan. Practically, I am not so sure.

Zorros · Mar 26, 2018

EL1227 said:
Is an ALJ decision binding as case law would be, or would that require an appeal to and decision at the Circuit Court level ? It seems to be yet another way for the antis to put political pressure on the HPRB by using an ALJ as a threat as they are political appointments, or are they ?

An ALJ decision, after a trial before the ALJ, is appeallable to the circuit court. However, the corcuit ct does not have the authority tomover turn the decision unless it is based on application of wrong law, missinterpreterped the riht law, or the ALJ abused his or her discretion. If the ALJ ruled within the confines of the law, the circuit ct judge has to affirm.

danb · Mar 26, 2018

Senate passed third reader.

Abacab · Mar 26, 2018

danb said:
Senate passed third reader.

Can't wait to see how our friends voted.

danb · Mar 26, 2018

Abacab said:
Can't wait to see how our friends voted.

Third Reading Passed (46-1)

rseymorejr · Mar 26, 2018

Abacab said:
Can't wait to see how our friends voted.

danb said:
Third Reading Passed (46-1)

Looks like it's "friend"

danb · Mar 26, 2018

rseymorejr said:
Looks like it's "friend"

I'm not so sure.

Schipperke · Mar 26, 2018

BeoBill · Mar 26, 2018

Zorros said:
An ALJ decision, after a trial before the ALJ, is appeallable to the circuit court. However, the corcuit ct does not have the authority tomover turn the decision unless it is based on application of wrong law, missinterpreterped the riht law, or the ALJ abused his or her discretion. If the ALJ ruled within the confines of the law, the circuit ct judge has to affirm.

So the LD would have to prove absence of G&S under current law instead of the obsolete voodoo quasi-legal mumbo-jumbo they've clinging to so bitterly? If so, I foresee just as many MSP Circuit appeals as before. I don't think they'd want to chance an open, honest hearing that wasn't stacked in their favor that would establish a LEGAL PRECEDENT against them.

Abacab · Mar 27, 2018

danb said:
Third Reading Passed (46-1)

Lmao these people are incredible.

Is there any defense of these people left at this point?

Biggfoot44 · Mar 27, 2018

Who was the one ?

44man · Mar 27, 2018

whats the senate bill number? crossover number or whatever?

is the vote posted?

Biggfoot44 · Mar 27, 2018

As of 1 min ago , Senate vote not yet posted online .

danb · Mar 27, 2018

So the question is, now what. House and Senate passed different versions.

The House needs to pass the Senate version, or both house and Senate need to vote to go to a conference, I think.

BeoBill · Mar 27, 2018

If I remember right they go into conference to reconcile differences and then it goes back to a vote. I can't remember if there are readings, or how many.

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