HB 819 HAndgun Review Board

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    If I'm not mistaken, If Hogan veto's this bill, the legislature cannot override due to it being an election year.

    Yes, provided they do not pass it with 7 days left in the session, at which point, if he vetoes it, they have time to over ride his veto in this session.
     

    Vetted84

    Active Member
    Nov 8, 2016
    646
    This thread has my head spinning. Is the 2A community now for this bill or against this bill?
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    This part is true - maybe we can establish a defense fund for applicants through MSI. I'll give generously. I consider this a pre-lawsuit funding since appeals to get another bite at Woollard, Scherr, and Snowden will come from these applicants. We will get our pick of plaintiffs to appeal. I have no doubt out of hundreds of applicants and appeals, one will offer a good appeals case.

    This fact alone will make MDSP and OAH more circumspect about denials.


    I have a call in now to the MSI big shots to establish a segregated account for people like you who want to help fund progress for C&W in MD.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    This thread has my head spinning. Is the 2A community now for this bill or against this bill?

    Those of us who attend hearings and testify fully support the continuation of HPRB’s citizen oversight over an entrenched bureaucracy like the MD State Police.

    We continue to look to support the legislators on our side who are trying the maintain the HPRB in its present form.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,761
    You can read MSI’s testimony on the matter here: https://www.marylandshallissue.org/jmain/documents/send/4-public-documents/63-hprb-elimination

    Tl;dr
    -board is not a threat to public safety
    -board explains every decision
    -MSP has not had ANY appeals initiated on a HPRB decision
    -Going ALJ means further burdening applicants with a process that will require a lawyer. HPRB is accessible to most people and isn’t difficult to navigate.

    Wrong..


    An individual may represent him/herself in any administrative hearing and no individual is required to have an attorney.

    https://vimeo.com/76700393
     
    Last edited:

    MrsRab1515

    Active Member
    Nov 27, 2017
    116
    All over the dang state
    Wrong..


    An individual may represent him/herself in any administrative hearing and no individual is required to have an attorney.

    Still much harder to represent yourself in front of a judge than in front of the Board, not to mention riskier. While technically you can represent yourself with the judge, it probably wouldn't be a great idea for any lay person to do so. Mark lays it out well in the written testimony.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Just because you can do a thing does not mean you should.

    To the antis, the need to hire a lawyer for an appeal sounds less like a problem and more like a sales pitch.

    It could be a huge problem. Or it could be a huge opportunity. Depends. A pool of potential applicants-denied-turned-plaintiffs is a potential gold mine. ALJs will know better than most that the courts are looking over their shoulder.

    I am a fan of MDSP oversight too. I just have not been convinced ALJ + courts will provide less oversight than a civilian board.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,221
    To paraphrase myself ;

    HPRB - More accessible to average Appellant
    ALJ. - More burdensome for average person, greater degree of deference to MSP .* Possible * eventually obtain favorable rulings with binding.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    To paraphrase myself ;

    HPRB - More accessible to average Appellant
    ALJ. - More burdensome for average person, greater degree of deference to MSP .* Possible * eventually obtain favorable rulings with binding.

    Good summery. After my informal review, I have no desire to have to go through a review process that gives deference to MSP. Deference sounds like rubber stamp my ears.
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    ok, someone please remind me why replacing HPRB with administrative law judges is bad.

    Seems to me long term this is a blessing in disguise. Administrative Law judges are going to follow the law and force MDSP to follow the law. I am not sure I want to interrupt antis while they are making a mistake.

    1. It removes citizen oversight of the MSP LD.
    2. It will further disenfranchise citizens(particularly those of minimal means) to apply for a permit. Will certainly require legal counsel($$$$).
    3. ALJs are serve 6 year terms, not 3 year terms.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    The second Hogan leaves office, Mike, Mike, and the new .gov are going to conspire to replace all the board members asap anyway. They can do whatever they want.

    If they want to get rid of it, they think Hogan will be there for a while.
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    You've got better chances with your lawyer in front of the HPRB than in front of a left-wing judge. Does anybody here seriously think the MGA will empower a right-wing (or down-the-center) judge to make such decisions?
     

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