MSP Authority for Requiring Refs

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  • CMOS

    One ragged donut hole
    Nov 13, 2009
    608
    MoCo
    The current MD CCW application requires three references and states: “Pursuant of the provisions of Maryland Law, submit the names of at least 3 reputable citizens who have known you, the applicant, for more than two (2) years, and are not related in any way to you, the applicant.”

    I’ve reviewed § 5-306 and don’t see this requirement of a personal reference, let alone three, in the code. I only see that the MSP is authorized to perform an “investigation” to determine that the applicant “has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another”.

    Does anyone here know where the authority to require three references comes from? Is there some legal boundary why they can't require 10 references? Anyone know how/why this is the procedure?
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    I'm sure it comes from the same authority they have to require an FFL to attend classes before being granted a MD Regulated dealer's license. The made up kind.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    photo.jpg
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,530
    Foothills of Appalachia
    Nowhere in PS or the applicable COMAR sections does it specify that MSP get three references. However as you said I would guess that they would argue that is inherent in the authority the legislature granted then in PS 5-306(a)(6)(i):

    (6) based on an investigation:
    (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and

    No idea what the reason is for three as opposed to two or four.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Nowhere in PS or the applicable COMAR sections does it specify that MSP get three references. However as you said I would guess that they would argue that is inherent in the authority the legislature granted then in PS 5-306(a)(6)(i):



    No idea what the reason is for three as opposed to two or four.

    Charlie Fox Trot is correct. They get to run an investigation. The details of that investigation are left to them. You could challenge the demand for references, but you would likely lose. It is arbitrary? Sure.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,132
    What CharlieFoxtrot and El Presidente said.

    The reasoning for providing space for 4 references is to have a backup if one of the first three don't answer the phone or otherwise reachable the day the investigation is actually done.

    Use care in selecting your references to select people who routinely are in reach .
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    They will call. A friend of mine answered a call from a MSP investigator a couple of weeks ago asking about an applicant.
     

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