HB 819 HAndgun Review Board

Zorros · Mar 9, 2018

This bill would eliminate the handgun review bd, and send appeals of denials to administrative courts. Del sandy rosenberg waited until 2400 to testify because “ too many people were given permits by the gov’s appointed board after they were turned down
By MSP”. If we want fairer gun laws in this state we must target the politicians who oppose guns, with knowledge and u7ndestanding, at every turn. They are on a mission. Rosenberg is a city representative. Anyone know where this bill stands?

Biggfoot44 · Mar 9, 2018

Heard in Committee , no vote yet .

Zorros · Mar 9, 2018

Biggfoot44 said:
Heard in Committee , no vote yet .

I would expect gov to veto this, not because its a gun bill, but because it usurps his power. I dont think its worth the veto override. Just supposing, however.

Vetted84 · Mar 9, 2018

Zorros said:
I would expect gov to veto this, not because its a gun bill, but because it usurps his power. I dont think its worth the veto override. Just supposing, however.

If Hogan vetoes this, come the fall he will not have any power to worry about.

A veto will become a talking point for the Dems.

Rack&Roll · Mar 9, 2018

At 3:45pm in the House Judiciary committee there was a party line vote to end the Handgun Permit Review Board.

It goes to a floor vote, probably next Thursday

Stoveman · Mar 9, 2018

The heavy hand of Mike Busch....

Magnumst · Mar 9, 2018

Is this the first vote? Does it have to go back to the house and back?

I should have finished reading Racks post.

markgrutz · Mar 9, 2018

I guess we all get our Tuesday evenings back... The op-ed kind of showed the deal was already done and the vote was just for show (aren't they all).

Mark

GTOGUNNER · Mar 9, 2018

How much in s 1/2 page ad in the Baltimore fish wrap?

Biggfoot44 · Mar 9, 2018

Now goes to full House.

Meanwhile keep an eye on SJPC , and the companion Bill SB741 .

After Bills are voted out of a Committee, they go to the respective full Chamber. There it is up to the respective Speaker/ President when or if to bring to floor vote .

With officiall companion Bills, if not amended, once the respective Bills pass each House, they go too the Governor.

If either Bill is amended, two possibilities:
Reconciliation Committee, or one or other Houses votes for the other House's version, and that one goes to Governor.

basscat · Mar 9, 2018

Anyone want to put odds on the governor signing this bill?

Biggfoot44 · Mar 9, 2018

I'll hold my tongue (stylus) until whatever happens or doesn't happen.

danb · Mar 9, 2018

Why they think this is an important issue that will get people to polls in Nov. is beyond me. Its a vague technical process thing, and difficult to explain. Hogan will simply say politics as usual, does not address Bodymorgue crime, and move on. More like somebody grandstanding for the Dem primary.

Hattie · Mar 9, 2018

Busch & Co. may find their efforts to eradicate the HPRB short-sighted in the long run. Yes, probably fewer cases will go to the hearing office than currently come before the Board, but MSP may find less tolerance there for its shenanigans than it is used to in the informal Board hearings. Hearing office personnel may prove more independent and/or more interested than expected in applying the actual law rather than Snowden/Scherr. And parties motivated enough to hire an attorney and commence an administrative appeal may well be willing to seek judicial review more often than has been the case is the past.

Bob A · Mar 9, 2018

Hattie said:
Busch & Co. may find their efforts to eradicate the HPRB short-sighted in the long run. Yes, probably fewer cases will go to the hearing office than currently come before the Board, but MSP may find less tolerance there for its shenanigans than it is used to in the informal Board hearings. Hearing office personnel may prove more independent and/or more interested than expected in applying the actual law rather than Snowden/Scherr. And parties motivated enough to hire an attorney and commence an administrative appeal may well be willing to seek judicial review more often than has been the case is the past.

Yeah, the Law of Unintended Consequences may well bite the GA in the butt.

The HPRB does not create any sort of case law that can be referred back to for subsequent cases; each case is decided on its own merits, with no reference to any other cases.

Once these appeals become part of the court system, a more uniform approach may occur. At that time, issues of 5th Amendment rights may serve to deliver us from MSP's restrictions on permits.

IANAL, but this may be another gift in disguise.

Biggfoot44 · Mar 9, 2018

Biggfoot interpetation -

HPRB - Better for individual Appellants
ALJ. - Better to eventually set binding prescidants .

danb · Mar 9, 2018

Hattie said:
Busch & Co. may find their efforts to eradicate the HPRB short-sighted in the long run. Yes, probably fewer cases will go to the hearing office than currently come before the Board, but MSP may find less tolerance there for its shenanigans than it is used to in the informal Board hearings. Hearing office personnel may prove more independent and/or more interested than expected in applying the actual law rather than Snowden/Scherr. And parties motivated enough to hire an attorney and commence an administrative appeal may well be willing to seek judicial review more often than has been the case is the past.

Yeah, I have been thinking this too. Be careful what you wish for. 4th circuit precedent under Wollard is actually "palpable need." Actually judges may apply the actual law.

Biggfoot44 · Mar 9, 2018

Opps, should have already said this :

Now that Bills are out of Committee , fire up the calls and emails to the whole House of Delegates. All of them . Even if they are in our side

Zorros · Mar 10, 2018

Hattie said:
Busch & Co. may find their efforts to eradicate the HPRB short-sighted in the long run. Yes, probably fewer cases will go to the hearing office than currently come before the Board, but MSP may find less tolerance there for its shenanigans than it is used to in the informal Board hearings. Hearing office personnel may prove more independent and/or more interested than expected in applying the actual law rather than Snowden/Scherr. And parties motivated enough to hire an attorney and commence an administrative appeal may well be willing to seek judicial review more often than has been the case is the past.

The ALJ thing would be bad. In other admin areas, ins, securities, dmv, med bd, the dept making the ruling is given very broad discretion and presumptions in favor of correctness. If the MSP becomes a stamp for the restrictive policies of a democratic ( or rep) governor, MSP’s restrictive rulings will stand. A circuit ct does not have the authority to overrule unless the ALJ applied the wrong law or made incorrect findings. The Hangun review bd is a last defense for the individual and the application of subjective stds by MSP. I am hoping that hogan will not stand for a legislative triming of his cojones, not because he cares for guns and gun rights, but because give an inch lose a mile.

rseymorejr · Mar 10, 2018

Ironically, if the MSP weren't directed to use any vague reason to deny us our rights there wouldn't be a need for the Review board in the first place

HB 819 HAndgun Review Board

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

Ultimate Member

Ultimate Member

Active Member

R.I.P

TV Personality

Ultimate Member

Active Member

IANAL, PATRIOT PICKET!!

Ultimate Member

Ultimate Member

Ultimate Member

dont be a dumbass

Active Member

όυ φροντισ

Ultimate Member

dont be a dumbass

Ultimate Member

Ultimate Member

Ultimate Member

Users who are viewing this thread

Log in

Forum statistics