HPRB August 2, 2016 Meeting Thread

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  • dgapilot

    Active Member
    May 13, 2013
    711
    Frederick County
    I think they figured it took too much hard work to live off grid. They got lazy and now want mother government to satisfy their needs and wants.


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    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Mark Levin approves of this post.
    So would Madison. I understand the distinction, just using the vernacular of the people. If I was Fred, I'd call them Bolsheviks.

    The point is the paternalistic attitude that they don't recognize for bigotry.

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    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    That very thing is what makes me nuts. I remember the 60's and 70's when they were against government and wanted to live off the grid in communes. Now they are all supporting more government. I just don't get it and can't understand how the hell that happened.

    Liberals still want the Government to leave them alone, what you describe is another group entirely that have never been and never will be liberal.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I think they figured it took too much hard work to live off grid. They got lazy and now want mother government to satisfy their needs and wants.


    Sent from my iPhone using Tapatalk

    Their kids maybe, but not the liberal of the 60s and 70s.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,264
    Davidsonville
    I haven't read the HPRB threads in a couple months but it does not seem things are any better and blood pressures are higher. and Hillary is 10 points ahead.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,201
    南馬里蘭州鮑伊
    I think they figured it took too much hard work to live off grid. They got lazy and now want mother government to satisfy their needs and wants.


    Sent from my iPhone using Tapatalk

    Doing the math, the Liberals of the 60s and 70s are getting on in years and require more specialized medical attention and care. You just can't find that in the deep woods, and available providers in the sticks are saturated. So they look to Uncle Sugar to meet their needs. Just a reality check for another generation.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    I haven't read the HPRB threads in a couple months but it does not seem things are any better and blood pressures are higher. and Hillary is 10 points ahead.

    I have to disagree. A lot of things are better than they were, but it's still a work in progress, with a lot to be done. Chairman Wilson has done an outstanding job making improvements and continues to do so, but he can't do it all by himself.

    That was the point of my lengthy post above. Whatever direction or lack of direction that is coming from Pollazzi has left the LD to continue struggling to apply procedures, not the law, that are the result of years of political meddling to restrict access to and scope of permits. In other words, prior Supers have overly complicated things under political pressure. For the most part MSP appears to still be denying or restricting the vast majority of those that apply. Hell they continue to apply the standards without citing by name Snowden and Scherer. That forces a lot of these cases to the Board that you would think should have been handled by MSP in the first place. That causes many months of additional delay. At a minimum the entire process is still taking more than a year.

    Then when heard on appeal, the Board seems to struggle with applying the law not the tired old politically influenced procedures still being advanced by MSP.

    In a span of just a few hearings an on call contractor had his restrictions removed, an on call ships pilot got his restrictions removed, then an on call cardiac surgeon in the worst part of Baltimore is denied altogether.

    With the high cost of training and applying, the time it takes to navigate the process, and what appears to be inconsistent results, a lot of people just won't apply - they will just remain pissed off and angry.

    If the Superintendent would revamp and uncomplicate his predecessors overly restrictive scheme, it could remove a lot of subjectivity from the process, make it easier for the LD to apply, result in far fewer appeals and lessen the time involved. That doesn't mean everyone is going to get a permit. The MSP still has to weed out prohibited persons and apply the law. But it might help reduce the blood pressure of everyone that is involved and that the current scheme seems to pit against one another.

    Yes I remain frustrated, but the process can be simplified and improved to make the outcomes more consistent even under the current law while we work toward electing people to the legislature that can scrap and rewrite a 45 year old law that was intended to be subjective and biased, not universally fair.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    My blood pressure was running right up there with Applehd's last night, and a day later I still feel the need to rant a bit. I haven't posted much lately, so before I start, I will say that I am not blaming the MSP LD staff, the Board or any specific individuals, but rather the entire process which results in totally inconsistent results.

    I have more questions than answers. Why did this case have to be appealed? Why was the doctor denied?

    I could be wrong, but as I understood it the good doctor, an American Asian, applied under the need for "personal protection," which is expressly provided for under the statute. He did not apply under the sponsorship of his employer for a "business permit" which is pure MSP fiction in the first place. Hence, the MSP's inquiry into the policy of his employer was completely irrelevant. How far his vehicle is parked from the front door is irrelevant. How or where he will secure the firearm is irrelevant. None of those issues appear anywhere in the statute as considerations for either the MSP or Board for making a decision on issuing a permit. The issue under the current law is whether he has a reasonably articulated and corroborated/palpable need. Of course he had a plan for secure storage anyway, i.e. he testified he would have a safe professionally installed in his vehicle. That's probably better than most police patrol cars get.

    Suppose the good doctor would change jobs and go to work for Hopkins with his wife? Shouldn't he still be able to defend himself? Does anyone really believe the areas around Sinai or Hopkins are safe at 3:00 am simply because the surgeon didn't document the crime to the satisfaction of the MSP.

    I know a number of doctors and dentists who were routinely issued permits on the basis of the prescription narcotic drug issue alone. There haven't been any changes to the statutes. So was the MSP being arbitrary then, or now? Or was each case just "different," and why?

    Why does the MSP LD and certain Board members feel the need to go beyond the considerations stated in the law itself looking for an excuse to deny an applicant his or her rights? Why does an on call contractor and part-time bartender get his restrictions lifted one week, and then two weeks later an on call cardiac surgeon in one of the worst areas of the City is denied any permit at all?

    Until these inconsistencies are a thing of the past, and I don't mean by denying everyone that applies, it's hard to imagine that the citizens' and voters' complaints regarding the denial of fundamental rights will subside.

    The only way to quell the fervor is to remove the subjectivity throughout the process. Make it simple, and easier to apply. Focus on denying those that are prohibited, and stop trying to find excuses to deny those that are law abiding and have articulated a palpable need for self-defense. Apply the law as written and do it uniformly. Stop trying to make it so complicated. Otherwise all we really have is an inconsistent system that allows some individuals the power to determine whether any given applicant has sufficiently begged or is worthy because they are somehow special.

    Just I'magine if free speech, the right to vote, or the freedom from unreasonable search and seizure were applied in this inconsistent manner.

    We have a bad system but are currently stuck with it. That doesn't mean it can't be applied in a simple and fair manner until it can be rewritten. There is plenty of blame to go around, but it is the citizens and voters that are getting screwed, and they haven't done anything wrong - they just want the ability to defend themselves.

    Gosh, I wish we could get this onto a T-shirt that I could wear to HPRB meetings
     

    eruby

    Confederate Jew
    MDS Supporter
    ..... In a span of just a few hearings an on call contractor had his restrictions removed, an on call ships pilot got his restrictions removed, then an on call cardiac surgeon .....

    ......Yes I remain frustrated......
    Great post Gryphon. :thumbsup:

    Unfortunately, Joe Schmuckatellis like me will be dead before Maryland changes to real or de facto shall issue. Doesn't mean I will stop fighting for our rights but it might be faster for me to become a ship's pilot. :(
     

    Mr H

    Banana'd
    Liberals still want the Government to leave them alone, what you describe is another group entirely that have never been and never will be liberal.

    Those people are not much other than a perpetual dependent class, living off the largesse arranged by the left. As planned.

    And, as part of the magic act, the 'statists in charge' use the power of the press to try and convince their dependents that the right are the fascists!!!
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911

    Well said, again, and I mostly agree.

    However, I think you're making a fatal mistake on the basic assumption that the powers that be in the MSP want to make the process fair and right.

    I suspect they do not, and that this probably ascends as far as the Governor's Office.

    I just do not see any evidence that fixing this is anywhere near the current administration's interests. And, even if it was, the power to do something about it--or worse, make things more restrictive--lies in the General Assembly, not with the Governor.

    My prediction is that we're in for more of the same, even if Hogan gets a second term unless there are major changes in the General Assembly.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,201
    南馬里蘭州鮑伊
    Gosh, I wish we could get this onto a T-shirt that I could wear to HPRB meetings

    How about this?

    serveimage


    I think it encapsulates Gryphon's post pretty well.

    Oh, and I recall catching one of the troopers using the magic phrase "the law intended..." during one of their soliloquies at the meeting.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Well said, again, and I mostly agree.

    However, I think you're making a fatal mistake on the basic assumption that the powers that be in the MSP want to make the process fair and right.

    I suspect they do not, and that this probably ascends as far as the Governor's Office.

    I just do not see any evidence that fixing this is anywhere near the current administration's interests. And, even if it was, the power to do something about it--or worse, make things more restrictive--lies in the General Assembly, not with the Governor.

    My prediction is that we're in for more of the same, even if Hogan gets a second term unless there are major changes in the General Assembly.


    And what are you doing to change that??
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    And what are you doing to change that??

    As much as a guy living in Legislative District 20 can.

    Edit: Oh, by the way, here are my representatives -

    State Senator (District 20):
    Jamie Raskin
    State Delegates (District 20):
    Sheila E. Hixson
    David Moon
    William C. Smith, Jr.

    Any thoughts on changing their minds on 2A or replacing them will be appreciated.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    As much as a guy living in Legislative District 20 can.

    Edit: Oh, by the way, here are my representatives -

    State Senator (District 20):
    Jamie Raskin
    State Delegates (District 20):
    Sheila E. Hixson
    David Moon
    William C. Smith, Jr.

    Any thoughts on changing their minds on 2A or replacing them will be appreciated.

    Start with the MoCo Republican Central Committee, and then see if there is a local Republican club.

    I feel your pain, Im next door in District 21, PM me and I will be happy to meet for coffee or a beer sometime and talk about what has happened and what we expect to happen.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    Someone I bumped into asked me about this. I posted it in another HPRB post way back, but have copied and pasted it here:

    "Maryland does recognize an administrative board's - like the HPRB's - inherent authority to reconsider their own quasi-judicial decisions, even while a petition for judicial review is pending in the circuit court. However, such reconsideration must be based on new facts, fraud, surprise, mistake or inadvertence, and not just on a mere change of mind. In other words, as long as there is a legitimate basis for reconsideration, a Board may reverse its prior decision and that will not be deemed to have been a mere change of mind. See Cinque v. Montgomery County Planning Board, 173 Md.App. 349 (2007)."

    In other words, an administrative board retains its authority and jurisdiction to reconsider its decisions for good cause at any time prior to it issuing its final order, and even afterwards while a petition for judicial review is pendent in the circuit court. The rationale is the administration of justice, i.e. getting it right.
     

    Nobody

    Ultimate Member
    Jan 15, 2009
    2,845
    Has there been an instance where the MSPs restrictions were overturned and the permit holder was caught out of their restrictions ( new permit not mailed) and if so what was the outcome of that incident?

    NOBODY
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    Has there been an instance where the MSPs restrictions were overturned and the permit holder was caught out of their restrictions ( new permit not mailed) and if so what was the outcome of that incident?

    NOBODY
    I am not aware of such an instance, but until the new permit is in hand, the restrictions still apply and would be subject to full prosecution imo.

    I will not be the test case

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