MD W&C Form/SOP via PIA

dblas · Jul 20, 2017

Rab1515 said:
Do you mean the SOP under review? I think if i asked directly it would be ignored or or get a inaccurate response but would be impossible to prove.

Nope, I mean the SOP they are using right now, today. Not the one they plan to use that is under review.

Rab1515 · Jul 20, 2017

dblas said:
Nope, I mean the SOP they are using right now, today. Not the one they plan to use that is under review.

When I asked for the current SOP mid May i received a reply saying that current SOP was on the website, but also stated there was a SOP under review that was not releasable "by policy". My suspicion is officially they are using the out of date published SOP but unofficially they are relying on an unpublished version that provides guidance on G&S , OPM and clearances.

dblas · Jul 20, 2017

Rab1515 said:
When I asked for the current SOP mid May i received a reply saying that current SOP was on the website, but also stated there was a SOP under review that was not releasable "by policy". My suspicion is officially they are using the out of date published SOP but unofficially they are relying on an unpublished version that provides guidance on G&S , OPM and clearances.

Ah....OK

doublins · Jul 21, 2017

dblas said:
Ah....OK

Just want to point out that if there are sections of the current SOP that are 'sensitive,' they may be exempted from PIA or FOIA requests, and what would be returned would have those sections sanitized from the document. It's possible that part of their SOP has been deemed not suitable for the general public at large due to the sensitive nature of some info

GTOGUNNER · Jul 21, 2017

doublins said:
Just want to point out that if there are sections of the current SOP that are 'sensitive,' they may be exempted from PIA or FOIA requests, and what would be returned would have those sections sanitized from the document. It's possible that part of their SOP has been deemed not suitable for the general public at large due to the sensitive nature of some info

If that were the case they would just redact sensitive information, not refuse to give the document.

Sent from the 3rd Rock

gorckat · Jul 21, 2017

Just reread the SOP for question ideas. If these haven't already been covered, maybe:

1) how many applicants rejected for DHMH reasons
2) how many rejected for criminal background
3) how many rejected for interview reasons
4) how many rejected for lacking good and substantial
5) what statistics are reported to the AIU supervisor on a monthly basis?

Bob A · Dec 19, 2017

I'd be interested in the number of cases that went to Circuit Court, both after denial by MSP as well as those in which MSP had been overturned by HPRB. The finall dispositions would also be useful.

Stoveman · Dec 19, 2017

Bob A said:
I'd be interested in the number of cases that went to Circuit Court, both after denial by MSP as well as those in which MSP had been overturned by HPRB. The finall dispositions would also be useful.

I can't help you with the first, but the second number is zero.

dblas · Dec 19, 2017

Bob A said:
I'd be interested in the number of cases that went to Circuit Court, both after denial by MSP as well as those in which MSP had been overturned by HPRB. The finall dispositions would also be useful.

Those are easy to look up.

Simply go to Maryland Judicial Case Search: http://casesearch.courts.state.md.us/casesearch/

Under "search criteria, click on the box next to "Company"

Under "Company Name", type Handgun Permit Review Board.

The search comes up with 43 items, you would have to look at each one individually to determine "for" or "against" the applicant.

dblas · Dec 19, 2017

Stoveman said:
I can't help you with the first, but the second number is zero.

There are 8 cases in Maryland Judicial Case Search, that show that MSP was the plantiff and took the HPRB decision to court. None of those have been recent, (2001, 2003, 2007, and 2009).

Stoveman · Dec 19, 2017

dblas said:
There are 8 cases in Maryland Judicial Case Search, that show that MSP was the plantiff and took the HPRB decision to court. None of those have been recent, (2001, 2003, 2007, and 2009).

I assumed the query was for more recent decisions.

How many of those referenced above were for prohibited persons receiving a permit? :innocent0

mjester93 · Dec 19, 2017

dblas said:
There are 8 cases in Maryland Judicial Case Search, that show that MSP was the plantiff and took the HPRB decision to court. None of those have been recent, (2001, 2003, 2007, and 2009).

Just a thought. I wonder if there are any circuit court judges that are more 2A friendly than the MSP? Maybe they might have a different clarification of "good and substantial" that includes self defense.

Just a thought.

mjester93 · Dec 20, 2017

Bob A said:
I'd be interested in the number of cases that went to Circuit Court, both after denial by MSP as well as those in which MSP had been overturned by HPRB. The finall dispositions would also be useful.

Here are some stats based off the filing date

2016 - 1 case total; it was dismissed
2015 - 3 cases total; 1 affirmed HPRB (denied), 1 voluntarily dismissed, 1 case revered HPRB's and MSP's decision (yay!)
2014 - 1 case total; it was dismissed
2013 - 1 case total; it was voluntarily dismissed
2012 - No cases
2011 - No cases
2010 - 2 cases total; 2 affirmed HPRB (denied)
2009 - 3 cases total; 1 affirmed HPRB (denied), 1 case affirmed HPRB (approved), 1 unknown (case number 03C09000289 if anyone wants to look it up)
2008 - 1 case total; 1 sent back to HPRB for an additional hearing
2007 - 1 case total; 1 case affirmed HPRB (unknown)
2006 - 3 cases total; 2 case affirmed HPRB (denied)*, 1 case dismissed

*One case, Brown v. HPRB, went to the Maryland Court of Special Appeals and the case affirmed Circuit Court (denied).

After 2010 the data gets a bit spotty, so I stopped in 2006. I can continue if needed.

dblas · Dec 20, 2017

Stoveman said:
I assumed the query was for more recent decisions.

How many of those referenced above were for prohibited persons receiving a permit?

I think you know the answer to the last question.....

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