MSP - 7 day wait...

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    This little snippet says alot:

    The state checks 16 databases when performing a background check, he said, including NICS, the national warrant database, and district court records, among others.

    http://www.somd.com/news/headlines/2011/14615.shtml

    Now the question is: "What are the 16 databases?"

    Department of Mental Health and Hygene (DHMH)

    National Instant Check System (NICS) - Pursuant to Federal law, NICS will only be queried for dealer sales of regulated firearms;

    National Crime Information Center (NCIC) Interstate Identification Index;

    NCIC Protection Order File;

    NCIC warrant check;

    NCIC stolen firearm check;

    Maryland Interagency Law Enforcement System (MILES) Civil Warrant/Order File;

    Maryland Criminal Justice Information System (CJIS) - Identification Index System;

    Maryland Computerized Criminal History (CCH) On-Line;

    Maryland Motor Vehicle Administration (MVA);

    Maryland Automated Firearms Services System (MAFSS);

    Judicial Information System District Court of Maryland Civil System Inquiry and Update Menu;

    Judicial Information System District Court of Maryland Criminal System Inquiry;

    Judicial Information System District Court of Maryland Warrant System Menu;

    Maryland Division of Department of Parole and Probation; and

    Maryland Department of Juvenile Services (ASSIST) database.
     
    Last edited:

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Unpayed parking tickets are not a legal disqualifier from owning a regulated firearm.

    That's why some sunlight should be shed on this question.

    unpaid parking ticket yes.. about other traffic citation like dui etc.

    im just guessing... wasnt there a thread about mva records being check etc. (last year i believe).
     

    OEH

    Active Member
    Nov 18, 2010
    353
    29B
    In 2007, the state started asking gun buyers to sign forms allowing the state to check with the Department of Health and Mental Hygiene regarding their mental health history, Shipley said.

    This makes it sound like we have a choice in the matter. Kinda like the "voluntary registration". :rolleyes:
     

    slog403

    Active Member
    May 11, 2011
    254
    Crofton
    My guess? The msp system is so horrible they have 16 databases holding the data that could be done much more effectively out of much fewer. I have no 1st hand msp knowledge but have seen some pretty bad DB implementations out there working in IT.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    An email has been submitted to the MSP to list the 16 databases that they check for a firearms purchase.

    Good luck Inigoes.

    Yes, keep us posted ...

    As a designated collector, I'd also be curious to know whether the process is a little speedier and whether they use some type of common query based on your status. Same with C&R; else why would they have you go through the additional paperwork and not use the result of that search. Seems like a LOT of wasted motion to repeat the same search multiple times over a 30 day period, when they could probably by-pass some of the more extraneous databases, like the MVA (if that's used at all).
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    The MVA database is definitely used.

    As lx1x pointed out, there are threads on here about members owing the MVA money because of a traffic/parking infraction. Their transfer was put on hold, and was mysteriously released when paid.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    I believe NICS also claims they check 16 databases so likely someone writing the brochure just didn't feel like working too hard. :)

    MSP uses a NICS terminal as part of their check so they're probably including all the databases NICS checks automatically in that number.

    Out of those 16, and I don't know them all, are a lot of more minuscule ones like the list of Americans who renounced their citizenship, list of dishonorable discharges, etc.

    The big ones that the MSP check adds on starts with MD Courts, which picks up on a lot of warrants and charges that don't make it into the state's main CJIS system due to incomplete or poorly entered information. This is especially common with Baltimore City records.

    Then you have the mental institution release and the check on that with the state DHMH.

    And now my rant on this part. Lastly you have the highly illegal probing of juvenile records without a circuit court order. Even though state law says that no one may get a police report concerning a juvenile without a circuit court order, MSP takes advantage of an exemption that allows for active criminal investigations by an LE agency to bypass this. Only in the magical world of O'Malley Land does a background check become a criminal investigation when it concerns gun ownership.

    Let me tell you how seriously law enforcement agencies take this. At my former employer, I oversaw Central Records for a while, for a few years actually. Our policy had always been, and still is, that you can't even get a police record on yourself concerning when you were a juvenile without a circuit court order. We used to turn away people all the time, and tell them they needed a court order, who would come in and were applying for jobs at NSA, etc. and needed a copy of the report for when they did something dumb as a kid and got in trouble. There are no self-waivers for this court order requirement mentioned in the law. And there are actual criminal penalties, i.e. jail time potential, in the law for people who violate it.

    This is one where if a group of gun owners and a good attorney wanted to band together and sue the state under its own law I think they might get somewhere. Anyone whose done the regulated firearm process to purchase a firearm in MD in the past few years has probably had their rights under this law violated, in my opinion. I don't think the state police could win an argument that the criminal investigation exemption was ever meant to extend to routine background checks.

    And btw, this is not meant to criticize the people at firearm's licensing or MSP staff. They are under the thumb of the O'Malley administration and that's whose pushing this anti-gun ********. The last MSP Superintendent just got fired after he finally stood up and told O'Malley "no" on one single thing related to running the state police, and that's what happens to people who don't play by the Teflep's agenda.

    Here's the law I am referring too. Emphasis added by me:

    § 3-8A-27.

    (a) (1) A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in § 7-303 of the Education Article.

    (2) This subsection does not prohibit:

    (i) Access to and confidential use of the record by the Department of Juvenile Services or in the investigation and prosecution of the child by any law enforcement agency; or

    (ii) A law enforcement agency of the State or of a political subdivision of the State, the Department of Juvenile Services, or the criminal justice information system from including in the law enforcement computer information system information about an outstanding juvenile court ordered writ of attachment, for the sole purpose of apprehending a child named in the writ.

    (b) (1) A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in § 7-303 of the Education Article.

    (2) This subsection does not prohibit access to and the use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article in a proceeding in the court involving the child, by personnel of the court, the State's Attorney, counsel for the child, a court-appointed special advocate for the child, or authorized personnel of the Department of Juvenile Services.

    (3) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection does not prohibit access to and confidential use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the Department of Juvenile Services or in an investigation and prosecution by a law enforcement agency.

    (ii) The court record or fingerprints of a child described under §§ 10-215(a)(21) and (22), 10-216, and 10-220 of the Criminal Procedure Article may not be disclosed to:

    1. A federal criminal justice agency or information center; or

    2. Any law enforcement agency other than a law enforcement agency of the State or a political subdivision of the State.

    (4) (i) This subsection does not prohibit access to and use of a court record by a judicial officer who is authorized under the Maryland Rules to determine a defendant's eligibility for pretrial release, counsel for the defendant, or the State's Attorney if:

    1. The individual who is the subject of the court record is charged as an adult with an offense;

    2. The access to and use of the court record is strictly limited for the purpose of determining the defendant's eligibility for pretrial release; and

    3. The court record concerns an adjudication of delinquency that occurred within 3 years of the date the individual is charged as an adult.

    (ii) The Court of Appeals may adopt rules to implement the provisions of this paragraph.

    (c) The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reached 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown.

    (d) This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out any of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency.

    (e) This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying out any of its statutory duties if: (1) the individual to whom the record pertains is committed to the custody of the Division; and (2) the record concerns an adjudication of delinquency.

    (f) Subject to the provisions of Article 83C, § 2-115 of the Code, this section does not prohibit access to or use of any juvenile record for criminal justice research purposes. A record used under this subsection may not contain the name of the individual to whom the record pertains, or any other identifying information which could reveal the individual's name.

    (g) This section does not prohibit a victim or victim's representative who has filed a notification request form from being notified of proceedings and events involving the defendant or child as provided in this subtitle, the Criminal Procedure Article, or the Criminal Law Article.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,931
    Messages
    7,259,491
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom