Maryland Shall Issue Files Suit Against the Maryland State Police

My dues are on the way and if I can swing a donation, I'll include that, too!

AMEN! Good to go!

I notified my State Senator whose staff has been stroking me on all the overtime and blah, blah and blah!


From:
Sent: Friday, May 10, 2013 5:34 PM
To: edward.reilly@senate.state.md.us
Subject: While you have been sitting on your butt and replying with canned emails. MSI is doing your JOB! Shame on YOU!

Senator

As a party of one, you will certainly NEVER EVER get my vote for all the lane excuses I have received from your staff!


Maryland Shall Issue Files Suit Against the Maryland State Police

Maryland Shall Issue, in association with the Associated Gun Clubs of Maryland, the Maryland Licensed Firearm Dealers Association, and several individual plaintiffs filed a complaint today in Baltimore County Circuit Court against the Maryland State Police (MSP) for the state’s failure to process firearm applications within the seven days mandated by Maryland law.

The MSP’s failure to comply with its statutory duty -- which MSP has admitted is taking closer to 55 than the required seven days -- infringes the fundamental constitutional right of Maryland citizens to purchase and keep firearms for purposes of self-defense in their homes, as guaranteed by the Second Amendment to the United States Constitution, and puts them at risk while the bureaucracy takes its time to process citizen applications. The lawsuit seeks a court order compelling the MSP to process all firearms applications in seven days as required by law.

Additionally, the MSP’s failure to issue approvals has caused significant economic harm to licensed firearms dealers in Maryland. These business owners also risk civil or criminal sanctions if a firearm has been transferred to a purchaser whose application is later disapproved by the MSP.

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From:
Sent: Friday, May 10, 2013 5:57 PM
To: Don Dwyer
Subject: Re: MSP breaking The Brady Federal Law

It is amazing, our elected officials sitting on their butt and we the citizen must act! How SAD!

Maryland Shall Issue Files Suit Against the Maryland State Police

Maryland Shall Issue, in association with the Associated Gun Clubs of Maryland, the Maryland Licensed Firearm Dealers Association, and several individual plaintiffs filed a complaint today in Baltimore County Circuit Court against the Maryland State Police (MSP) for the state’s failure to process firearm applications within the seven days mandated by Maryland law.

The MSP’s failure to comply with its statutory duty -- which MSP has admitted is taking closer to 55 than the required seven days -- infringes the fundamental constitutional right of Maryland citizens to purchase and keep firearms for purposes of self-defense in their homes, as guaranteed by the Second Amendment to the United States Constitution, and puts them at risk while the bureaucracy takes its time to process citizen applications. The lawsuit seeks a court order compelling the MSP to process all firearms applications in seven days as required by law.

Additionally, the MSP’s failure to issue approvals has caused significant economic harm to licensed firearms dealers in Maryland. These business owners also risk civil or criminal sanctions if a firearm has been transferred to a purchaser whose application is later disapproved by the MSP.

We have requested an expedited review of this case given the nature of the harm brought against our members who are attempting to exercise a civil right. Additionally, the plaintiffs are listed as anonymous individuals - publishing their names would provide those persons looking to do harm notice that their potential victim is unarmed. For this reason, we ask that you do not speculate on their identity.



From: Don Dwyer
Sent: Tuesday, May 07, 2013 9:57 PM
To:
Subject: Re: MSP breaking The Brady Federal Law

Dear
Unfortunately, we cannot. However I have been told that certain shops have begun releasing the firearm after the required 7 day wait, in accordance with Federal law. I am hopeful that this is true and that more ffl's will follow suit.
Best,
Don

OUTSTANDING!

Thank you!

Thanks!

Anyone got odds on a swift injunction and relief?

Best case/worst case?

Great news!

I normally hate lawyers but in this case

I hope this works, but it is only temporary at best.

Kick some ass!!!

Excellent! I have to make a donation!

Hell yes! Im so glad to see this and the news with On Target and Shooters Discount. There is some light shining on us MD gun owners today!

... said:

I hope this works, but it is only temporary at best.

Click to expand...

Life is only temporary at best.

Good to hear! I will be making a donation to MSI tonight to help fund these efforts.

I am neither a gun dealer or a lawyer, so I do not have my head on the chopping block so this is easier for me to say than it is for a gun dealer to do; but it seems to me that if the Sec. of MSP is obliged to inform the dealer of disapproval of a sale within seven days and after seven days have passed the dealer receives no notice of disaproval, surely the dealer has every right to complete the transaction because no notice of disapproval was received within the required time. Am I missing something?

It may be different if the statute said that a notice of approval was needed within seven days because then the dealer would have to have the approval on file.

great news... Go get em

04RWon said:

Hell yes! Im so glad to see this and the news with On Target and Shooters Discount. There is some light shining on us MD gun owners today!

Click to expand...

This is a step in the right direction.


BTW, what is the news with On Target and Shooters Discount?

That's a wonderful way to come home from work on a Friday. Thank you MSI! One more donation is on the way.

mgodwin said:

This is a step in the right direction.


BTW, what is the news with On Target and Shooters Discount?

Click to expand...

http://www.mdshooters.com/showthread.php?t=119001

scouse said:

I am neither a gun dealer or a lawyer, so I do not have my head on the chopping block so this is easier for me to say than it is for a gun dealer to do; but it seems to me that if the Sec. of MSP is obliged to inform the dealer of disapproval of a sale within seven days and after seven days have passed the dealer receives no notice of disaproval, surely the dealer has every right to complete the transaction because no notice of disapproval was received within the required time. Am I missing something?

It may be different if the statute said that a notice of approval was needed within seven days because then the dealer would have to have the approval on file.

Click to expand...

up until now all dealers had was the msp opinion on that. if the states attorney defending msp in court wants the case dropped then he'll have to put that in writting, which would absolve the dealers of any liability in the future.
but most likely the state will try to fight it, because the state is always right and guns are bad, which could get the whole shebang invalidated if they lose.