PERMIT APPLICATION RETURNED

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  • BenL

    John Galt Speaking.
    What's truly ironic is that this tactic is right out of the South's "your-money-is-no-good-here" tactics of trying to continue segregation. Don't want to be forced to deny the application? Simple: refuse to accept their application. Man, they are despicable.
     

    BUFF7MM

    ☠Buff➐㎣☠
    Mar 4, 2009
    13,578
    Garrett County
    Western MD'rs and Southern MD'rs might have to file something at the 90 day mark. Because it looks like our local barracks doesn't what the extra head ache (or waste of time as they may see it), investigating on something that isn't concrete.
    Time to mark the calendar for 90 days from the 14th of March.:thumbsup:
     

    jfox

    Member
    Mar 27, 2012
    97
    At what point of maliciously denying one's civil rights I wonder, may one seek (and have a reasonable chance of receiving) damages?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Doesn't this action violate the adopted regulations in COMAR?

    29.03.02.03 "Upon receipt of the application and the supporting material described, the Secretary shall cause an investigation of the applicant to be conducted for the purpose of determining whether the applicant possesses the qualifications for a permit as required by Public Safety Article, §5-306, Annotated Code of Maryland." http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.03.htm

    AND

    29.03.02.06 "Upon the completion of the investigation, the Secretary of State Police shall notify the applicant by letter either that the permit has been issued or that it has been denied . http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.06.htm

    Emphasis Mine. Doesn't seem that leaves room to return an application before processing it.

    very good points.
     

    MdMedic

    Active Member
    Jan 15, 2010
    178
    Mechanicsville, Md.
    My problem since day one has been to definition of what EXACTLY constitutes "good and substantial". Vague wording like that makes the decision completely subjective. Personally, I believe "for self-defense and all lawful purposes" constitutes G&S.
     

    dlmcbm

    Ultimate Member
    Mar 5, 2011
    1,207
    Sabillasville, Md.
    My problem since day one has been to definition of what EXACTLY constitutes "good and substantial". Vague wording like that makes the decision completely subjective. Personally, I believe "for self-defense and all lawful purposes" constitutes G&S.

    The letter states to call if there are any questions. OP should call to ask for a list of G&S reasons to see if he meets any of them.:D Seriously he should.
     

    cad68m_m

    Member MSI, SAF, NRA
    Nov 26, 2011
    311
    Calvert
    I also received the April 11 Permit application-Return letter. Original application date was April 3 only because it took until then for my Livescan appointment at the Waldorf DMV to come up. I called the MSP Handgun Permit Unit and asked if they would require a new Livescan when I reapply after the stay runs out, and they said YES, so I am out $54 Livescan and $13 postage to insure they received the app within 72 hours of the Livescan
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,831
    Bel Air
    The letter states to call if there are any questions. OP should call to ask for a list of G&S reasons to see if he meets any of them.:D Seriously he should.
    They are listed on the application......self defense isn't on there.
     

    OnTarget

    Ultimate Member
    Mar 29, 2009
    3,154
    WV
    There will likely be more people to have their CCW applications and fee returned today, tomorrow, etc. Let us know about here, if you will, so we can put the pieces together.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,538
    SoMD / West PA
    I also received the April 11 Permit application-Return letter. Original application date was April 3 only because it took until then for my Livescan appointment at the Waldorf DMV to come up. I called the MSP Handgun Permit Unit and asked if they would require a new Livescan when I reapply after the stay runs out, and they said YES, so I am out $54 Livescan and $13 postage to insure they received the app within 72 hours of the Livescan

    Sure sounds like you were harmed :innocent0

    IANAL
     

    jmcgonig

    Active Member
    Jan 18, 2012
    544
    Germantown, MD
    This comes up in my email, just a few minutes ago... Glad nobody in MoCo is armed... This is in my "beat", seems G&S enough for me.

    N2 Beat:

    · Three strong-armed robberies occurred between 10:45 p.m. on Sunday, 4/1 and 12:30 a.m. on Monday, 4/2 in this Germantown beat.

    Ø At Great Seneca Highway & Mateny Road. Suspects threatened victim with a weapon and obtained property.

    Suspects: four black males, one armed with a handgun.

    Ø At Mateny Road & Owl Run Way. Suspects threatened the victim with a weapon and obtained property.

    Suspects: six black males and two Hispanic males, three armed with handguns

    Ø In the 18000 block of Cottage Garden Drive. Suspects threatened the victim and obtained property.

    Suspects: four black males, two wearing ski masks
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Re-reading the letter this is not final. OP can re-submit the application "for real" and then MSP will act upon it.

    It's more steps than we should need to go through, but technically they said they would process it if he insists. ******** if you ask me.

    They will call it a service - trying to warn people off.

    If OP re-submits then they say they will process. His call.

    You know, the letter is unclear. In setting out the options the letter says you can resubmit AND provide a good and substantial reason and then we will process. Presumably the application already says self defense and hence this is a ruling that self defense is NOT a good and substantial reason. Resubmitting the same application unchanged will thus result in the same form letter. Not much point in that. An administrative appeal would argue 1. returning an application and refusing to process is not an option permitted by COMAR (see post above) and that the MSP was therefore obligated to process and grant or deny to a final decision and 2. self defense is a good and substantial reason under Judge Legg's decision.
     

    dlmcbm

    Ultimate Member
    Mar 5, 2011
    1,207
    Sabillasville, Md.
    They are listed on the application......self defense isn't on there.

    Not that I recall.... Says a documented threat, G&S reason, etc. Says nothing about doctors, lawyers, people who carry Money, business owner or what G&S is. Plus the OPer said he listed something about work so does that fall into the G&S reason?

    STAND CORRECTED----- it does list these people on there web site But I would still hound them about what G&S is just for satisfaction.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    You know, the letter is unclear. In setting out the options the letter says you can resubmit AND provide a good and substantial reason and then we will process. Presumably the application already says self defense and hence this is a ruling that self defense is NOT a good and substantial reason. Resubmitting the same application unchanged will thus result in the same form letter. Not much point in that. An administrative appeal would argue 1. returning an application and refusing to process is not an option permitted by COMAR (see post above) and that the MSP was therefore obligated to process and grant or deny to a final decision and 2. self defense is a good and substantial reason under Judge Legg's decision.

    Good points.

    For those in this camp (appears to be more than one), I am curious what happens if they re-apply without G&S and say, "No. Really, process this."

    I will get my answer. The wife is applying tomorrow.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    It would seem that the MSP consider 5ii invalid from Judge Legg's ruling 3-5 until the stay 3-30. So they sit on those. With 5ii effectively reinstated after the temporary stay, they then resumed their normal BS denial since G & S is now technically legal again.

    Stupid games.

    Appeal for the Comar violation seems like a good idea. To me it looks like they think G & S is legal until Judge Legg issues his ruling after May 23rd.

    Guys, this is what tyranny looks like, and it's ugly
     

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