FSA2013 HQL exemptions "re interpreted?

[redeemed.man]

Agreed, it is not controlling. The point is that MD MSP needs to look to federal law to see if the federal CO has arrest powers, just as the D.C. Circuit looked to federal law in deciding the LEOSA question in Duberry. The MSP is on very thin ice if they try to define the HQL exemption for LEOs differently than the way LEOs are defined for purposes of LEOSA.

Ah, now I understand your point, yes agreed.

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[Doobie]

Agreed, it is not controlling. The point is that MD MSP needs to look to federal law to see if the federal CO has arrest powers, just as the D.C. Circuit looked to federal law in deciding the LEOSA question in Duberry. The MSP is on very thin ice if they try to define the HQL exemption for LEOs differently than the way LEOs are defined for purposes of LEOSA.

Exactly! This is the point I'm trying to make although I may not have articulated it clearly and plainly enough. I've stated here what gives us arrest powers and it has been stated to the MSP licensing division. They seem to want to overlook that fact.

 

[esqappellate]

Exactly! This is the point I'm trying to make although I may not have articulated it clearly and plainly enough. I've stated here what gives us arrest powers and it has been stated to the MSP licensing division. They seem to want to overlook that fact.

Not giving legal advice here, but I am betting that the MSP will back down in a hurry if faced with a court challenge in state court.

 

[Doobie]

Not giving legal advice here, but I am betting that the MSP will back down in a hurry if faced with a court challenge in state court.

I know you're not giving legal advice...I appreciate your input. I think it's all BS what they're pulling.Honestly, if this is let go, what other part of FSA2013 will they "review" and "determine" to mean something different? HBARs? AR/AK pistols? Possession of magazines over 10 rounds? People may say "Nah, they won't/can't do that because the law says so and so." Well the law says LEOs are exempt from having to have an HQL as well as it being on the MSP website, yet now they are interpreting it differently. And being hush hush about it is even more disturbing.

 

[esqappellate]

I know you're not giving legal advice...I appreciate your input. I think it's all BS what they're pulling.Honestly, if this is let go, what other part of FSA2013 will they "review" and "determine" to mean something different? HBARs? AR/AK pistols? Possession of magazines over 10 rounds? People may say "Nah, they won't/can't do that because the law says so and so." Well the law says LEOs are exempt from having to have an HQL as well as it being on the MSP website, yet now they are interpreting it differently. And being hush hush about it is even more disturbing.

Administrative agencies are generally as arbitrary as they think they can get away with. So, the answer is always the same: Don't let them get away with it.

 

[Doobie]

Any suggestions for a lawyer? Since I have my HQL and don't have a standing in this, I guess can't file suit can I? I have a co worker who doesn't have HQL who is willing if need be.

 

[swinokur]

start here. They are an IP.

https://www.mdshooters.com/forumdisplay.php?f=214

 

[Doobie]

start here. They are an IP.

https://www.mdshooters.com/forumdisplay.php?f=214

Thank you

 

[esqappellate]

Any suggestions for a lawyer? Since I have my HQL and don't have a standing in this, I guess can't file suit can I? I have a co worker who doesn't have HQL who is willing if need be.

Sure, Eric Schaefer in Frederick

 

[BeoBill]

I'm curious as to what made someone go fishing for this re-interpretation in the first place.

Lemme guess... Frosh? Bloomberg? Bloomberg's state-level sock puppet? Mike and Mike?

Take your pick. This could be a trial balloon for the inevitable full-court revenge press in the MGA this coming Spring.

 

[Doobie]

Sure, Eric Schaefer in Frederick

Thank you. Email being sent now

 

[Doobie]

I just got off the phone with one of our union reps...wanted to fill her in on what was going on since she is a big 2A advocate. She informed me that a CO from Hazelton was told by a MSP trooper that if he was ever stopped while carrying a concealed firearm, that he'd be arrested. I don't know what that was all about, but its starting to look like I'm headed down a rabbit hole.

 

[redeemed.man]

I just got off the phone with one of our union reps...wanted to fill her in on what was going on since she is a big 2A advocate. She informed me that a CO from Hazelton was told by a MSP trooper that if he was ever stopped while carrying a concealed firearm, that he'd be arrested. I don't know what that was all about, but its starting to look like I'm headed down a rabbit hole.

Jump in brother. You face scarier crap than MSP shenanigans every day.

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[DaemonAssassin]

I just got off the phone with one of our union reps...wanted to fill her in on what was going on since she is a big 2A advocate. She informed me that a CO from Hazelton was told by a MSP trooper that if he was ever stopped while carrying a concealed firearm, that he'd be arrested. I don't know what that was all about, but its starting to look like I'm headed down a rabbit hole.

Why am I not surprised by this sad state of affairs?

Keep your chin up, I think this will smack MSP LD around a bit.

 

[StantonCree]

My powers come from congress and I fall under LEOSA......nope HQL it was for me

 

[BeoBill]

Nope, not even that. He's not even in licensing div anymore.

He retired into obscurity and poverty? Which trailer park???

 

[redeemed.man]

My powers come from congress and I fall under LEOSA......nope HQL it was for me

Yeah because they consider you local (never mind that DC is federal). But the BOP is clearly federal which makes even less sense than excluding MPD. MSP is really ridiculous at times.

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[StantonCree]

Yeah because they consider you local (never mind that DC is federal). But the BOP is clearly federal which makes even less sense than excluding MPD. MSP is really ridiculous at times.

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Oh I understand the reasoning I'm just being a whining B***h

 

[Doobie]

Jump in brother. You face scarier crap than MSP shenanigans every day.

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I've already jumped in lol

 

[Doobie]

Why am I not surprised by this sad state of affairs?

Keep your chin up, I think this will smack MSP LD around a bit.

Will do sir