MSP: FIREARM PURCHASE APPLICANTS WITH APPLICATIONS PENDING ON OCT 1 WON'T NEED HQL

jaybee · Sep 25, 2013

interesting...........

no word from the law "makers" about the refusal of the law "enforcers" to follow their orders.

Could the head of the MSP be fired and possibly be brought to trial for refusal to follow orders and being an accomplice in a defined crime?

Does this sound like civil disobedience of the political law makers?

Omalley is silent - maybe he's on vacation and has "no comment"

Mr H · Sep 25, 2013

I doubt he'll say anything.

IMO there is nothing he can say or do right now that wouldn't be at least a tacit admission that the whole thing is broken.

occbrian · Sep 25, 2013

Not near pc... What is the Max punishment for someone who breaks that part of the law?

Could MSP not enforce now then come back in a year and say, oops! You needed an HQL sir. And you,FFL, you illegally transferred a handgun.

Hmm.

Parrot · Sep 25, 2013

webb297 said:
Certainly did. I also testified in Annapolis, and in PG county, in multiple local town hall meetings the county. What is your point? How does going to a rally change the fact that the MSPs job is to enforce Maryland State law, and they just decided that they would wake up this morning and not do that.

Local Sheriff = elected by citizens to represent them local police matters
MSP Brass= appointed by the Govenor to represent the State in law enforcement matters

Pretty simple. And, really screwed up.

Great! Some are just now getting into the fight. So, you'll understand that the local law enforcement are also being selective of the laws they enforce as they loudly stated at the rallies. That was the point. Clear now?

Ranchero50 · Sep 25, 2013

I would like to think there was some back door plea bargaining between the plaintiffs of the upcoming lawsuit and the different defendant entities that has helped stir this pot.

Watching the SB-281 legislature and watching the COMAR review, it's pretty obvious the lackies had no idea what was coming. Now that it's down to crunch time they are scrambling and I expect a couple more weird messages in the next few weeks.

This is good, should help sink the whole rotten works in court.

daNattyFatty · Sep 25, 2013

occbrian said:
Not near pc... What is the Max punishment for someone who breaks that part of the law?

Could MSP not enforce now then come back in a year and say, oops! You needed an HQL sir. And you,FFL, you illegally transferred a handgun.

Hmm.

Not sure of the penalty, but if it's a misdemeanor, then they only have a year and day before the statute of limitations runs out.

Sent from my DROID BIONIC using Tapatalk 4

bbgunn177 · Sep 25, 2013

Well, the nice thing about being tapped out because of previous spending this year I can sit back and watch how this unfolds.

I can't wait for the lawsuits to start and 10/1 to get here so I can apply for my HQL. Because I want to be "legal" :innocent0

when I buy my next handgun.

tsmith1499 · Sep 25, 2013

Patrick said:
If you think the legislature is the answer, then brother you need some sleep.

As witnessed by 100+ of us on Monday. Tell them what's wrong, vote it in anyway!! Laws be damned!! We're Maryland, we can do whatever we want. Not so sure the Social Security Admin. thinks that way. Especially after my conversation with someone yesterday.

TxAggie · Sep 25, 2013

bbgunn177 said:
Well, the nice thing about being tapped out because of previous spending this year I can sit back and watch how this unfolds.

I can't wait for the lawsuits to start and 10/1 to get here so I can apply for my HQL. Because I want to be "legal" when I buy my next handgun.

Me too, and luckily the lawsuit should only last two weeks!

EHS1976 · Sep 25, 2013

pilotguy299 said:
I have to disagree with her. If the intent of the law were as she says, then the General Assembly would have used language similar to the written exception that was made for receiving banned assault long guns (ALGs) after Oct 1.

Their making the written exception for ALGs, shows that the law did not intend to allow receiving a handgun after Oct 1 with a HQL or other written exception.

There was never any intent to exempt purchases of handguns made before October 1 but received after September 30. See this thread: http://www.mdshooters.com/showthread.php?t=123920.

ShallNotInfringe · Sep 25, 2013

occbrian said:
Not near pc... What is the Max punishment for someone who breaks that part of the law?

Could MSP not enforce now then come back in a year and say, oops! You needed an HQL sir. And you,FFL, you illegally transferred a handgun.

Hmm.

Ok, Brian. Nice homework assignment...

Here's the deal.

They inserted the HQL requirements into section 5-117 as 5-117.1 via SB281.

Then they amended 5-118 via SB281 which enumerates what goes on the app using this edit for the HQL:

(4) A COPY OF THE APPLICANT’S HANDGUN QUALIFICATION LICENSE.

Here's the penalty statement for 5-118:

(c) Each firearm application shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.".

So, yes, this is serious. A max penalty of 3 years is game over for firearm ownership.

Why do you think some of us are squawking ?

occbrian · Sep 25, 2013

ShallNotInfringe said:
Ok, Brian. Nice homework assignment...

Here's the deal.

They inserted the HQL requirements into section 5-117 as 5-117.1 via SB281.

Then they amended 5-118 via SB281 which enumerates what goes on the app using this edit for the HQL:

(4) A COPY OF THE APPLICANT’S HANDGUN QUALIFICATION LICENSE.

Here's the penalty statement for 5-118:

(c) Each firearm application shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.".

So this is serious.

in other words.... Loss of 2A rights for the rest of your life if they ever change course and charge you. Tread lightly folks.

ShallNotInfringe · Sep 25, 2013

occbrian said:
in other words.... Loss of 2A rights if they ever change course and charge you. Tread lightly folks.

See my edit. Yep. Game over.

MJD438 · Sep 25, 2013

ShallNotInfringe said:
Ok, Brian. Nice homework assignment...

Here's the deal.

They inserted the HQL requirements into section 5-117 as 5-117.1 via SB281.

Then they amended 5-118 via SB281 which enumerates what goes on the app using this edit for the HQL:

(4) A COPY OF THE APPLICANT’S HANDGUN QUALIFICATION LICENSE.

Here's the penalty statement for 5-118:

(c) Each firearm application shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.".

So this is serious.

Yup - complete revocation of 2A rights of any individual found guilty of a charge based on this section (potential max penalty of over 2 years for any state-level misdemeanor).

webb297 · Sep 25, 2013

ShallNotInfringe said:
Ok, Brian. Nice homework assignment...

Here's the deal.

They inserted the HQL requirements into section 5-117 as 5-117.1 via SB281.

Then they amended 5-118 via SB281 which enumerates what goes on the app using this edit for the HQL:

(4) A COPY OF THE APPLICANT’S HANDGUN QUALIFICATION LICENSE.

Here's the penalty statement for 5-118:

(c) Each firearm application shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.".

So, yes, this is serious. A max penalty of 3 years is game over for firearm ownership.

Why do you think some of us are squawking ?

There aren't any laws that the Shops selling these handguns would be breaking/ able to be held accountable for - only us the transferee, if somebody decides that the MSP had no authority to take the position they have, and began prosecuting people per the letter of the law.

kalister1 · Sep 25, 2013

webb297 said:
There aren't any laws that the Shops selling these handguns would be breaking/ able to be held accountable for - only us the transferee, if somebody decides that the MSP had no authority to take the position they have, and began prosecuting people per the letter of the law.

The FFL must follow ALL laws State and Federal, so they could loose their FFL? Just because MSP says we will not enforce, does not mean they are not in violation.

swinokur · Sep 25, 2013

According to previous discussions 281 has severability according to the legislative rules making manual someone posted. It is not all or nothing as I understand it.

JailHouseLiar · Sep 25, 2013

Well, what the mess. If MSP can add live fire to the HQL, which is making law, perhaps they can waive requirments and inversely breaking law. At least that seems to be their position.

I think part of this is politics, part is practical mixed with a HEAVY helping of WTF are we doing.

Their master plan is collapsing like a house of cards is spectacular fashion. Heads are gonna roll and lawsuits will not go well for the tyrants. They will reap what they have sown.

webb297 · Sep 25, 2013

kalister1 said:
The FFL must follow ALL laws State and Federal, so they could loose their FFL? Just because MSP says we will not enforce, does not mean they are not in violation.

It was my understanding that the agency that the FFLs report to is the MSP, so it is unlikely that they will come back at the FFL unless made to. Would the Federal ATF, or a federal authority? Interesting question.

occbrian · Sep 25, 2013

kalister1 said:
The FFL must follow ALL laws State and Federal, so they could loose their FFL? Just because MSP says we will not enforce, does not mean they are not in violation.

Also doesn't stop them from enforcing LATER. Everyone has heard about their quasi forced registration of non regulated rifles lately.

Read the release carefully. They say they aren't enforcing the law. They aren't disagreeing with the AG opinion, just they they will not enforce it.

MSP: FIREARM PURCHASE APPLICANTS WITH APPLICATIONS PENDING ON OCT 1 WON'T NEED HQL

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