Handgun Permit Restriction

Rafster63 · Aug 1, 2017

One of our guys just received his Maryland Handgun Permit yesterday. In the "Restrictions" section on the back of the permit it reads:

"Off duty while employed by XXX Company. (Not valid where Firearms are prohibited by law.)"

The question is, does the first line define when the permit IS VALID? Meaning only while off duty during his employment working at his company?

CrueChief · Aug 1, 2017

yes, clear as mud right?

Mike OTDP · Aug 1, 2017

I've got a similar restriction. The way I'm reading it, it means:

a. Valid during off-duty hours only.
b. Valid only as long as employed by that company.

The latter may be appealable. I'm going to ask for a review on mine, I'm getting close to retirement eligibility.

Gryphon · Aug 1, 2017

Suggest he send an appeal in to the HPRB within 10 days of yesterday (don't be late) requesting the restriction be removed as being vague, ambiguous and as a likely violation of his 5th Amendment right against self-incrimination. Tell him to send certified mail and request a delivery confirmation. Then tell him to subscribe to MDS and catch up on his HPRB reading. This is not legal advice.

Go to the Introductions thread and introduce yourself. Welcome.

Schipperke · Aug 1, 2017

Gryphon said:
Suggest he send an appeal in to the HPRB within 10 days of yesterday (don't be late) requesting the restriction be removed as being vague, ambiguous and as a likely violation of his 5th Amendment right against self-incrimination. Tell him to send certified mail and request a delivery confirmation. Then tell him to subscribe to MDS and catch up on his HPRB reading. This is not legal advice.

Go to the Introductions thread and introduce yourself. Welcome.

Nah, nah nah.. Read some other threads where the experts tell you to yuck it up with officers..

Stoveman · Aug 3, 2017

My guess is that he told MSP that he couldn't carry while at work.

Schipperke · Aug 3, 2017

Stoveman said:
My guess is that he told MSP that he couldn't carry while at work.

Yes, it is kind of the antithesis of all the permits requiring you be conducting business. I'd actually prefer that on mine. So if you read it literal, he can carry off the job, but if he leaves employment at XYZ, becomes disqualified :sad20:

TheOriginalMexicanBob · Aug 3, 2017

Maybe he carries an issue sidearm at work but can't carry it off-duty, thus the restriction being for off-duty only. I know that makes little sense but we are discussing Maryland law.

Rafster63 · Aug 3, 2017

Thanks everyone. We read some other people's permits and consulted with a MDSP Trooper. The consensus is that the "Restrictions" section is intended to spell out condition under which you ARE authorized to carry... Which directly contradicts the definition of a "restriction", but this is how a LEO would read it if necessary. He is good and happy with it as it is. For his renewal he will request removal of the company name as a restriction. Our involvement in the intelligence community is what puts us at risk, regardless of who our employer is.

Thank you!

Gryphon · Aug 3, 2017

Rafster63 said:
Thanks everyone. We read some other people's permits and consulted with a MDSP Trooper. The consensus is that the "Restrictions" section is intended to spell out condition under which you ARE authorized to carry... Which directly contradicts the definition of a "restriction", but this is how a LEO would read it if necessary. He is good and happy with it as it is. For his renewal he will request removal of the company name as a restriction. Our involvement in the intelligence community is what puts us at risk, regardless of who our employer is.

Thank you!

That you would even have to do that evidences the inherent problem with these unnecessary restrictions. I hope the Sheriff's deputy that stops him for a tail light thinks just like the MSP Trooper. BTW, ask three troopers get three different answers. Good luck to you and your associate.

TopTechAgent · Aug 3, 2017

Gryphon said:
Suggest he send an appeal in to the HPRB within 10 days of yesterday (don't be late) requesting the restriction be removed as being vague, ambiguous and as a likely violation of his 5th Amendment right against self-incrimination. Tell him to send certified mail and request a delivery confirmation. Then tell him to subscribe to MDS and catch up on his HPRB reading. This is not legal advice.

Go to the Introductions thread and introduce yourself. Welcome.

Good suggestion I recommend doing this ..::but it doesn't always work ..ask me how I know ha ha. HPRB member even said he was confused with my "restrictions" and wouldn't be able to discern if I was working or not..still MSP sustained.

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TopTechAgent · Aug 3, 2017

Gryphon said:
That you would even have to do that evidences the inherent problem with these unnecessary restrictions. I hope the Sheriff's deputy that stops him for a tail light thinks just like the MSP Trooper. BTW, ask three troopers get three different answers. Good luck to you and your associate.

So true

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