FSA2013 HQL exemptions "re interpreted?

[Doobie]

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

You had to get a HQL? If so, why? Why didn't you fight it?

 

[redeemed.man]

You had to get a HQL? If so, why? Why didn't you fight it?

Because the hql law only exempts Maryland and federal LEO's. They don't recognize MPD as a federal agency. They recognize it as an out of state local agency.

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[Doobie]

Because the hql law only exempts Maryland and federal LEO's. They don't recognize MPD as a federal agency. They recognize it as an out of state local agency.

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Ooohhh. I see. Had he been in state, gtg. What a cluster. Common sense(of which there apparently is NONE would've never passed FSA2013 to begin with) would've exempted ALL residents who are LEO.

 

[Doobie]

Because the hql law only exempts Maryland and federal LEO's. They don't recognize MPD as a federal agency. They recognize it as an out of state local agency.

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And the jury is out on Federal LEOs now

 

[basscat]

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

Was told he will now be in ASED.

 

[redeemed.man]

And the jury is out on Federal LEOs now

I don't think it would go well for a trooper if he arrested a BOP CO for carrying in Maryland without a permit. I wouldn't say the jury is out. I would say one jerk ran his mouth.

 

[Doobie]

I don't think it would go well for a trooper if he arrested a BOP CO for carrying in Maryland without a permit. I wouldn't say the jury is out. I would say one jerk ran his mouth.

I meant MSP's "personal jury" seems to still be out on whether Federal COs are LEO or not do this HQL BS

 

[dblas]

The AAG assigned to the LD should have an opinion posted at the link I gave but he does not. MSP is making the rules up as they go as usual. No formal AG opinion was given and even it were it conflicts with the specific intent of federal law. Ridiculous

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Guidance (which this was) is different from opinion, and generally doesn't end up on paper somewhere, but it gets used against us most of the time.

Call MSP and ask for a copy of the guidance from the AAG and see what they say?

 

[dblas]

So what course do I take now to get clarification/rectification in this matter. I know MD would prefer I be a good little rape victim and just bend over and take it with no lube. But I'm not. I'm real sick and tired of their BS laws and interpretations.

Call MSP and ask for a written copy of the guidance from the AAG and see what they say. If it affects public policy or the regulations, it has to be provided when requested.

 

[dblas]

Well everyone, here's the reply from Cpl Edwards at MSP handgun licensing division in response to my buddy's inquiry:

"Upon further review by the Division and the AG assigned to Licensing Division it was determined that the BOP is not HQL exempt."
Just when I thought I couldn't hate MD anymore. It doesn't really affect me since I got my HQL before I went to the Feds, but I can't help but think that it's a total crock of horse shit. So how long before they review HBARs, AR and AK pistols etc and come out with a different determination and not tell anyone?

Send me the e-mail thread for this please....PM inbound

 

[dblas]

We will see what Western Maryland's reps do. I'll definitely keep MDS updated.

Contact Mike McKay for starters.

 

[dblas]

Nope, security guard licensing.

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And on his way out of licensing entirely.

 

[redeemed.man]

And on his way out of licensing entirely.

Where to?

 

[dblas]

Where to?

Didn't ask, don't care.

 

[basscat]

Not the only one leaving.

 

[Doobie]

Send me the e-mail thread for this please....PM inbound

PM and email sent

 

[dblas]

PM and email sent

Received and forwarded.

 

[ComeGet]

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.

Truer words never spoken.

Not the only one leaving.

This sounds promising.

 

[Doobie]

Received and forwarded.

Thank you very much!!

 

[Doobie]

I sent an email to Eric Schaffer Attorney at Law Schaffer & Black, P.C. the other day and he promptly responded this morning. I want to publicly thank him for taking time out of his day to respond to my inquiries pertaining to this whole ordeal. With Eric's permission, I am sharing his replies. They are as follows:

"Thank you for your email. I saw this on MD Shooters. Similarly MSP holds that any out state LEO needs an HQL since the law says “the State, or a local law enforcement agency of the State” and they interpret “the state” to mean this state (Maryland). Unfortunately since this isn’t a denial of a purchase (where you would have administrative appeal rights) your only option when you believe a state agency is misinterpreting the law is to sue them in the Circuit Court of the county you live in for declaratory judgment. This can be rather expensive since the AG’s office tends to defend these vigorously and if they lose often will appeal to the Court of Special Appeals in Annapolis. Problem is most people make a business decision and figure it’s about 50 times cheaper to get the HQL rather than file a lawsuit."

2nd reply:

"MSP has a history of putting incorrect information on your website. Real crux of problem is that that this section of the statute has no definition of LEO. It doesn’t matter how you are classified under Federal law since this is a state matter. It matters how MD classifies you. Elsewhere in the code Leo’s are defined as being a member of certain agencies AND authorized by law to make arrests.



Criminal Procedure 2-104 (in dealing with arrests) states:



(a) "Federal law enforcement officer" defined.- In this section, "federal law enforcement officer" means an officer who may:

(1) make an arrest with or without a warrant for violations of the United States Code; and

(2) carry firearms in the performance of the officer's duties."