ziptiespec
Active Member
Buried within the thread on HB1261 is a little side conversation that occurred as people began wondering what MSP knew that they had. Some folks began submitting Public Information Act requests to find out what the MSP licensing division had in their database as far as regulated firearms associated with their names. What was discovered was that:
My own experience with submitting a PIA request and reviewing the records has given me some concern. For one, the fact that MSP are maintaining these records at all is chilling. I bought my first regulated firearm in 2012. I bought my last one this year. The packet containing the records for my request contained every regulated firearm from #1 to the most recent one.
I've only sold a few regulated firearms but they were still present in my packet. I realize that the records just show that a background check was performed by MSP when the FFL started the transfer process. However, if I were ever to have an ERPO/Red Flag order served against me, I imagine the officers would be in possession of the records from MSP and demanding that I produce for them every firearm listed.
Lastly, as noted by Sirex in the HB1261 thread, how does this practice by MSP square against this portion of the Firearms Owners Protection Act of 1986 (FOPA):
https://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#Registry_prohibition
https://www.law.cornell.edu/uscode/text/18/926
For those interested in performing their own Public Information Act requests, you can start here:
https://mdsp.maryland.gov/Pages/PublicInformationRequest.aspx
Select "Information maintained by the Maryland State Police Licensing Division" for the first question.
Fill in your contact info.
For the last section, "Please provide as much information as possible so your request may be fulfilled quickly and accurately." you can simply write:
I would like a copy of any firearms that are officially registered with the Maryland State Police under my name, for my own personal records.
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Previous post regarding FOPA and registries:
https://www.mdshooters.com/showthread.php?t=111311
- - - - - - - - - - - - - - - - - - - - - - - -
I guess, in short, FOPA only modified the existing GCA and only applies to the Federal government. States are not bound by FOPA if they are otherwise not acting on behalf of the AG of the United States.
- MSP apparently keeps all of these records going back to the time when they became the contact for background checks for regulated firearms
- MSP's records sometimes contain an entry for a firearm with no manufacturer, model, caliber, serial number, or other distinguishing details.
- MSP's records will still show a regulated firearm associated with your name after you have sold it
My own experience with submitting a PIA request and reviewing the records has given me some concern. For one, the fact that MSP are maintaining these records at all is chilling. I bought my first regulated firearm in 2012. I bought my last one this year. The packet containing the records for my request contained every regulated firearm from #1 to the most recent one.
I've only sold a few regulated firearms but they were still present in my packet. I realize that the records just show that a background check was performed by MSP when the FFL started the transfer process. However, if I were ever to have an ERPO/Red Flag order served against me, I imagine the officers would be in possession of the records from MSP and demanding that I produce for them every firearm listed.
Lastly, as noted by Sirex in the HB1261 thread, how does this practice by MSP square against this portion of the Firearms Owners Protection Act of 1986 (FOPA):
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
https://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#Registry_prohibition
https://www.law.cornell.edu/uscode/text/18/926
For those interested in performing their own Public Information Act requests, you can start here:
https://mdsp.maryland.gov/Pages/PublicInformationRequest.aspx
Select "Information maintained by the Maryland State Police Licensing Division" for the first question.
Fill in your contact info.
For the last section, "Please provide as much information as possible so your request may be fulfilled quickly and accurately." you can simply write:
I would like a copy of any firearms that are officially registered with the Maryland State Police under my name, for my own personal records.
- - - - - - - - - - - - - - - - - - - - - - - -
Previous post regarding FOPA and registries:
https://www.mdshooters.com/showthread.php?t=111311
- - - - - - - - - - - - - - - - - - - - - - - -
I guess, in short, FOPA only modified the existing GCA and only applies to the Federal government. States are not bound by FOPA if they are otherwise not acting on behalf of the AG of the United States.
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