PERMIT APPLICATION RETURNED

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  • Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    I wasn't stating "what is", I was stating how it "Should Be". But don't look for it in our lifetimes. Then the question arises, what Maryland State agency should we assign the task to?

    My perfect scenerio would be to have service koisks in certain public places and of course gun shops. Insert your drivers license, touch the fingerprint screen and wait five minutes for a rapid background check. If you're clean, the machine takes a photo and prints a permit. Time to wake up now.

    There is a much easier way: driver's licenses could do it all. When you get your DR, they do the background check. If you are not prohibited, you get the regular license. If you are prohibited for some reason, your license has a big red box around your photo. They already do this for those who cannot buy alcohol. Alternatively the license could have a box for those who were checked, such as "Firearm Permit". It's a two-fer. I like two-fers.

    In other words, the check is part of the license process. Renewals are handled at the same time as the license renewal.

    Waiting for a state to do this (Florida). :innocent0
     

    DeadeyeJack

    Supporter of Freedom
    Sep 13, 2009
    1,227
    Dixie
    There is a much easier way: driver's licenses could do it all. When you get your DR, they do the background check. If you are not prohibited, you get the regular license. If you are prohibited for some reason, your license has a big red box around your photo. They already do this for those who cannot buy alcohol. Alternatively the license could have a box for those who were checked, such as "Firearm Permit". It's a two-fer. I like two-fers.

    In other words, the check is part of the license process. Renewals are handled at the same time as the license renewal.

    Waiting for a state to do this (Florida). :innocent0

    I do not want my DL in any way conferring firearm info. Think about how many times a normal person presents ID. I do not want the 2 digit IQ functionary knowing this.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    That's why I like option #1: all DL's are permits by default. Only those who do not qualify get the special mark. That means that even the uber-liberal gun haters technically have a permit.

    It jives more with my view of the Constitutional Right: you don't need permission to exercise the right. You should not have to ask. The true exceptions are the rare among us who are not able to exercise the right. Those are the ones that need "the mark".

    The primary issue with this is the fingerprints. Most states still require them. But I think the "Compromise Constitutional Carry" proposal would be a background check without fingerprints (NICS, state/fbi can do this) via a driver's license. It's not what the Constitutional Carry people want in theory (no checks), but it does not require a separate permit and it is transparent to the end user. The DMV/MVA already does a background check today - I say we recycle it.

    This could work in states that are "almost" passing constitutional carry. The problem is the CC activists are pretty rabid about their viewpoints and become enraged when anyone suggests variations on their accepted dogma. They are their own worst enemies, sometimes. I think most of us agree with them in principle. The problems arise once you try to apply that principle to real life politics. Most of us see these things as a step-wise progress thing. Some of the CC activists are so - let's say, "principled" - that they won't take wins along the way. They want the entire war fought and won in a single skirmish.
     

    JMangle

    Handsome Engineer
    May 11, 2008
    816
    Mississippi
    I wasn't stating "what is", I was stating how it "Should Be". But don't look for it in our lifetimes. Then the question arises, what Maryland State agency should we assign the task to?

    My perfect scenerio would be to have service koisks in certain public places and of course gun shops. Insert your drivers license, touch the fingerprint screen and wait five minutes for a rapid background check. If you're clean, the machine takes a photo and prints a permit. Time to wake up now.

    I can think of no reason why this couldn't be.

    Oh yeah, the hippies in Maryland would shit a brick. :mad54:
     

    petergriffin

    Banned
    BANNED!!!
    Apr 9, 2012
    47
    That's why I like option #1: all DL's are permits by default. Only those who do not qualify get the special mark. That means that even the uber-liberal gun haters technically have a permit.

    It jives more with my view of the Constitutional Right: you don't need permission to exercise the right. You should not have to ask. The true exceptions are the rare among us who are not able to exercise the right. Those are the ones that need "the mark".

    The primary issue with this is the fingerprints. Most states still require them. But I think the "Compromise Constitutional Carry" proposal would be a background check without fingerprints (NICS, state/fbi can do this) via a driver's license. It's not what the Constitutional Carry people want in theory (no checks), but it does not require a separate permit and it is transparent to the end user. The DMV/MVA already does a background check today - I say we recycle it.

    This could work in states that are "almost" passing constitutional carry. The problem is the CC activists are pretty rabid about their viewpoints and become enraged when anyone suggests variations on their accepted dogma. They are their own worst enemies, sometimes. I think most of us agree with them in principle. The problems arise once you try to apply that principle to real life politics. Most of us see these things as a step-wise progress thing. Some of the CC activists are so - let's say, "principled" - that they won't take wins along the way. They want the entire war fought and won in a single skirmish.

    Please correct me if I am wrong, but I beleive the DMV/MVA only looks for traffic violations and open wants/warrents. When a police officer pulls you over and runs the MVA/DMV/NICS check, the check doesn't include a past criminal record. The FBI and CJIS can do full criminal checks on you. I wouldn't want a lazy or corrupt DMV employee to be responsible for deciding whether or not I get a CCW permit. I don't have a better answer for how to impliment the checks.

    One exception to what I said above is in regards to fingerprinting at the MVA for Hazmat commercial Drivers which is a TSA requirement.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,335
    Carroll County
    I really like Patrick's idea, but I see one little problem.

    Say everyone who is a Prohibited Person has a green border around their photo, and the words "Not Valid For Handgun".

    You realize there would be a statistical distribution showing a very pronounced ethnic component. Al Sharpton would hop the first plane to Maryland.

    Also, it would stigmatize people with prior convictions who have "paid their debt", and are trying to put their past mistakes behind them and live right.

    But I would vote for the idea.
     
    Sep 6, 2011
    64
    Garrett County, MD
    ...been reading, listening to other's opinions, processing the info, and doing some creative thinking.

    I got my app back with the check and a form letter as we all know. Being it was not approved, and that COMAR only allows for TWO options (approve or disapprove), I am left with the only option remaining, disapproved. This in itself negates the need to resubmit to licensing division. It looks like I (and the rest of us in this scenario) just got mine processed for free (well $55 for print scan).

    Now in my appeal to the review board, I should only need to provide the original initial aapplication, with the timeline, and my reason for the request for review, correct? And I have 10 days to do that, from when? I'm guessing the date of the form letter since that would have been the date of the decision to deny.

    Can someone post a link to COMAR so that I may quote the approve/deny section in my request for review.
     
    Sep 6, 2011
    64
    Garrett County, MD
    That is an interesting point, you actually may be on an expidited path here.....

    That's where the creative thinking part came in. I've never been accused of thinking INSIDE the box.

    If I understand this correctly, a stay allows them to temporarily return to processing as to prior Woollard. It does not indicate that the G&S clause has magically been deemed constitutional all of a sudden, just that they have permission to process under the broken system while developing a process that does not violate 2A.

    Maybe the review board will see that US Constitutional rights spelled out in 2A ARE being denied by this process, and realizing that the system is broken, will rule favorable to our rights irregardless of the G&S clause.
     

    P-12 Norm

    Why be normal?
    Sep 9, 2009
    1,714
    Bowie, MD
    The MSP say, "...you can resubmit your application and provide a good and substantial reason for your permit request and the State Police will process it as we have always done."

    Well, they are still asking for a G&S reason, which suggests that he did not have one the first time he submitted. So, if he resubmits and says the same as before, that is, that it is for "self defense and lawful purposes", he's likely to have the application returned again with his check. This is a circular process, indeed!

    Would it not be best to put in the application, under the reason, the quote from Judge Legg about any Right requiring a Good & Substantial Reason, along with the "Self-Defense and other Lawful reasons"? Seems that would make them think about just returning it, and that you would have, per the application, supplied that good and substantial reason in applying for the permit.
     
    Nov 13, 2011
    218
    Bethesda, MD
    Your right. Over the years I have met many LEO. Some are very straight arrows that dot every I and cross every T. some others the only difference between them and the people they arrest is one has a badge.

    I agree. Most of the time its when they're off duty that they're real a$$holes who think they're better than everyone else.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,598
    SoMD / West PA
    That's where the creative thinking part came in. I've never been accused of thinking INSIDE the box.

    If I understand this correctly, a stay allows them to temporarily return to processing as to prior Woollard. It does not indicate that the G&S clause has magically been deemed constitutional all of a sudden, just that they have permission to process under the broken system while developing a process that does not violate 2A.

    Maybe the review board will see that US Constitutional rights spelled out in 2A ARE being denied by this process, and realizing that the system is broken, will rule favorable to our rights irregardless of the G&S clause.

    You might want to have Judge Legg's decision in your hip pocket, to let them know their actions are unconstitutional.

    Be prepared for the condescending attitude from the carry permit review board.

     

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