- Feb 19, 2013
- 18,726
One my delegates didn't vote, so there is enough to override Veto in House.
HB 819 HAndgun Review Board
- Thread starter Zorros
- Start date
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One my delegates didn't vote, so there is enough to override Veto in House.
Again, I would hope the HGRB decisions in the past would be considered when renewing. I would think it would be some kind of precedent, however I am sure sense is not one of the things they are thinking about.
I would also think reversing a decision by the HGRB on a renewal, such as adding restrictions if the permit holders situation has not changed, could be grounds for a legal argument.
I see this as another way to screw the law abiding person who is even willing to jump through the hoops and will do NOTHING to keep us all safe, if anything it will put us in more danger.
TD
I would also think reversing a decision by the HGRB on a renewal, such as adding restrictions if the permit holders situation has not changed, could be grounds for a legal argument.
I see this as another way to screw the law abiding person who is even willing to jump through the hoops and will do NOTHING to keep us all safe, if anything it will put us in more danger.
TD
Zorros
Ultimate Member
What are the stds used by MSP to issue a ccw? Are they written into the code of md regs, or whispered at SP headquarters. A ALJ will determine if the agency violated the law. If its a discretionary or fact finding question by the agency/MSP ...he did not have a valid reason...it will not disturb the decision. Appeal to a ct? Forget it. The circuit ct has no power to exercise its discretion in lieu of the agency unless there is a missaplication of the law or an obvious abuse of discretion. The elimination of the bd was designed for one reason only. To remove the power to overrule MSP adverse decisions by a civilian board. Restrict carry by md citizens. When the gov changes, and MSP changes, the elimination of ccw will be a priority of a progressive governor, and this will result in no where to turn. “ thank you sir! May i have another one!”
- Feb 19, 2013
- 18,726
SB741 More Secret Squirrel stuff in the works? Is Bill dead now?
The bill has not moved out of the Senate Judicial Proceedings Committee at this point. No bill is dead until the gavel falls on Sine Die.
- Feb 19, 2013
- 18,726
Each house publishes an agenda prior to the upcoming session to allow members to prepare. That simply means that it will be on Second Reader tomorrow.
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- Jan 31, 2009
- 3,284
I don't get it. That says it was voted favorable by JPC tomorrow.
The amendments will be available tomorrow and that’s the date set for the 2nd reader.
- Feb 19, 2013
- 18,726
Looks like they are not getting rid of the HPRB, but an easier way for MSP to appeal to a ALJ for a de novo hearing ??
http://mgaleg.maryland.gov/2018RS/amds/bil_0001/SB0741_69897601.pdf
“(E) (1) THE APPLICANT, THE HOLDER OF THE PERMIT, OR THE
SECRETARY MAY APPEAL THE DECISION OF THE BOARD TO THE OFFICE OF
ADMINISTRATIVE HEARINGS WITHIN 30 DAYS AFTER THE ISSUANCE OF THE
BOARD’S REASONS UNDER SUBSECTION (D)(2) OF THIS SECTION.
(2) WITHIN 60 DAYS AFTER THE RECEIPT OF A REQUEST FROM THE
APPLICANT, THE HOLDER OF THE PERMIT, OR THE SECRETARY, THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL SCHEDULE AND CONDUCT A DE NOVO
HEARING ON THE APPEAL, AT WHICH WITNESS TESTIMONY AND OTHER EVIDENCE
MAY BE PROVIDED.
(3) WITHIN 90 DAYS AFTER THE CONCLUSION OF THE LAST
HEARING ON THE MATTER, THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL
ISSUE A FINDING OF FACTS AND A DECISION.
(4) A PARTY THAT IS AGGRIEVED BY THE DECISION OF THE OFFICE
OF ADMINISTRATIVE HEARINGS MAY APPEAL THE DECISION TO THE CIRCUIT
COURT.”;
http://mgaleg.maryland.gov/2018RS/amds/bil_0001/SB0741_69897601.pdf
“(E) (1) THE APPLICANT, THE HOLDER OF THE PERMIT, OR THE
SECRETARY MAY APPEAL THE DECISION OF THE BOARD TO THE OFFICE OF
ADMINISTRATIVE HEARINGS WITHIN 30 DAYS AFTER THE ISSUANCE OF THE
BOARD’S REASONS UNDER SUBSECTION (D)(2) OF THIS SECTION.
(2) WITHIN 60 DAYS AFTER THE RECEIPT OF A REQUEST FROM THE
APPLICANT, THE HOLDER OF THE PERMIT, OR THE SECRETARY, THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL SCHEDULE AND CONDUCT A DE NOVO
HEARING ON THE APPEAL, AT WHICH WITNESS TESTIMONY AND OTHER EVIDENCE
MAY BE PROVIDED.
(3) WITHIN 90 DAYS AFTER THE CONCLUSION OF THE LAST
HEARING ON THE MATTER, THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL
ISSUE A FINDING OF FACTS AND A DECISION.
(4) A PARTY THAT IS AGGRIEVED BY THE DECISION OF THE OFFICE
OF ADMINISTRATIVE HEARINGS MAY APPEAL THE DECISION TO THE CIRCUIT
COURT.”;
danb
dont be a dumbass
Huh? Hmmmm. What just happened?
- Feb 19, 2013
- 18,726
Not sure if I'm reading it correctly. As of now the HPRB makes determination and next step to appeal is circuit court ?
This looks as if next step would be an appeal to an ALJ for a de novo hearing, then next step would be appeal that to Circuit Court. Like the ALJ hearing supersedes the HPRB , then that can be appealed to Circuit. Basically if you prevail at HPRB, MSP has an easier bite at the Apple again to deny you. There is no hazard for MSP to appeal to ALJ, it's a new hearing.
Yes. Unless SCOTUS takes a carry case, the 4th Circuit will give rulings on what determines G&S. Those rulings will be binding in our Circuit. They will slowly define what is and is not G&S.
- Nov 14, 2010
- 20,274
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 ?
danb
dont be a dumbass
Hmmmmmmmm......
this just sounds like more ******** to restrict peoples rights and to delay and delay and delay as long as possible all the while being able to say we are working on your permitting process until it takes years and years to get thru all the ********
I thought they always could appeal it to a law judge , either party . I don't understand legal ease .
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