Appealing to Office of Administrative Hearings

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  • Awill288

    Member
    Dec 17, 2020
    15
    Hi!

    I was recently approved for a handgun carry permit (extremely fortunate as I know many do not “qualify”) but with the restrictions of only while conducting business on or off property. I was approved because of my position as a pastor at a local church but I am seen as an employee as I am not the trustees or senior pastor.

    I had my informal review with a First Sargent and he said there was nothing he could do for me other than appealing to the OAH.

    My question is, has anyone represented themselves at the OAH? And if so, were there any cost associated with that?

    Thanks!
     

    Jake4U

    Now with 67% more FJB
    Sep 1, 2018
    1,163
    Hi!

    I was recently approved for a handgun carry permit (extremely fortunate as I know many do not “qualify”) but with the restrictions of only while conducting business on or off property. I was approved because of my position as a pastor at a local church but I am seen as an employee as I am not the trustees or senior pastor.

    I had my informal review with a First Sargent and he said there was nothing he could do for me other than appealing to the OAH.

    My question is, has anyone represented themselves at the OAH? And if so, were there any cost associated with that?

    Thanks!

    As a Pastor, you are ordained, yes? What is your theology of ordination? Are you ever "not" ordained? Does the permit actually say it's restricted to the building or is it restricted to when functioning as a pastor? IMHO, if the later, you are always functioning as a pastor as you are always a "minister of the Gospel." Yes?
     

    Awill288

    Member
    Dec 17, 2020
    15
    You’re correct, I am ordained and technically always “on call” should anything happen. But I would rather fight to get the restrictions removed now if I can rather than try and explain to an officer at a stop why I am working.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,921
    You would be well advised to have legal representation. OAH is a far cry from the days of the citizens' Handgun Permit Review Board.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,152
    While it is permitted to represent yourself at OAH , it would be very wise to engage lawyer , to ensure all the important things are on the record , in the proper form for your inevitable next step to Circuit Court .
     

    Jake4U

    Now with 67% more FJB
    Sep 1, 2018
    1,163
    You’re correct, I am ordained and technically always “on call” should anything happen. But I would rather fight to get the restrictions removed now if I can rather than try and explain to an officer at a stop why I am working.

    Reach out to Michael Burke of MSI. Try through our portal. If that doesn't work send me a PM and I'll connect you.

    My permit says the same. I carry whenever I feel I need to. I'm always a pastor and it would make an interesting 1st ammendment issue for the state to claim it can regulate when and how I may exercise my calling. That's why I asked about ordination. I view the language as the same as a business owner. Offer to pray with the officer. Given how they're being treated these days, he/she may appreciate the effort.

    https://www.marylandshallissue.org/jmain/about-us
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,431
    Underground Bunker
    I believe a hearing at OAH have to be done with a lawyer and can not be done otherwise . That is the way it was for me a couple/few years ago . Never go to court or a hearing without proper representation IMHO (only traffic court for minor infractions)
    I know some cases are being won and reversed by the law judge , which is encouraging .
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,431
    Underground Bunker
    When my permit was restricted , i always had a business reason for carrying . My wife works in the office and i would take her out to dinner because her work was so good , or i was getting work boots . Which are are business related reasons .
    I once went to OC to get salt water taffy to put in my lobby as i always have treats for my visiting clients . So many reasons to carry and exercise our rights . It's legit to me
     

    Awill288

    Member
    Dec 17, 2020
    15
    Thanks for all of the advice. I figured that while it is not required, it wouldn’t be wise to represent myself. It’s hard to decide whether the costs of a lawyer are worth the potential of getting the restrictions removed when they are so vague to begin with. I am also a member of MSI so I’ll try reaching out as suggested!
     

    Jake4U

    Now with 67% more FJB
    Sep 1, 2018
    1,163
    Thanks for all of the advice. I figured that while it is not required, it wouldn’t be wise to represent myself. It’s hard to decide whether the costs of a lawyer are worth the potential of getting the restrictions removed when they are so vague to begin with. I am also a member of MSI so I’ll try reaching out as suggested!

    He's the one who helped me view it this way. He can give a fuller understanding.
     

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