FSA2013 HQL exemptions "re interpreted?

[DaemonAssassin]

Eric is a good guy. I met him at a short notice meet up at a undisclosed location to swap stopped and have a tasty beverage.

 

[esqappellate]

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."

Eric is quite right that the HQL law only exempts LEOs of "the state" which MSP interprets to mean the "state" of Maryland. However, that doesn't apply to federal LEOs, which is defined as much broader than that in § 5-117.1.

"Handgun qualification license required to sell, rent, or transfer handguns
Application of section
(a) This section does not apply to:
(1) a licensed firearms manufacturer;
(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;
(3) a member or retired member of the armed forces of the United States or the National Guard; or
(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in
determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives."

Corrections officers have the power of arrest under Section 3050 and they carry firearms. Federal Bureau of Prisons corrections officers are employees of the U.S. Dept. of Justice, which is the chief law enforcement agency of the United States. So that should be sufficient. Of course, Eric is also quite right, a lawsuit will likely cost a small fortune if the AG's office resists.

 

[CharlieFoxtrot]

I agree that Federal LEO's are exempt under the HQL statute as they are specifically mentioned. The problem is the statute doesn't define LEO's in general nor Federal LEOs specifically. Typically as evidenced elsewhere in the other definitions in the Maryland Code one of the components Maryland requires to be held an LEO is the general power to arrest or to generally enforce "the laws.". There are two AG opinions out there in Maryland stating that MD probation agents and MVA agents were not LEO's within the generally accepted definition because they don't have the general powers to arrest. The point I was trying to make is for the purposed of the HQL its not dispositive how you are defined under Federal law, it matters how Maryland defines you.

 

[Doobie]

Eric is quite right that the HQL law only exempts LEOs of "the state" which MSP interprets to mean the "state" of Maryland. However, that doesn't apply to federal LEOs, which is defined as much broader than that in § 5-117.1.

"Handgun qualification license required to sell, rent, or transfer handguns
Application of section
(a) This section does not apply to:
(1) a licensed firearms manufacturer;
(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;
(3) a member or retired member of the armed forces of the United States or the National Guard; or
(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in
determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives."

Corrections officers have the power of arrest under Section 3050 and they carry firearms. Federal Bureau of Prisons corrections officers are employees of the U.S. Dept. of Justice, which is the chief law enforcement agency of the United States. So that should be sufficient. Of course, Eric is also quite right, a lawsuit will likely cost a small fortune if the AG's office resists.

That's what I couldn't wrap my head around and had me confused, but Eric as well as yourself know a heck of a lot more about the laws than I do.
What next...is MSP going to say that since we don't meet "their" definition of a LEO that they won't recognize/honor our being covered under LEOSA for concealed carry purposes?
MD and their stupid laws...the process is the punishment and vice versa.

 

[Doobie]

I agree that Federal LEO's are exempt under the HQL statute as they are specifically mentioned. The problem is the statute doesn't define LEO's in general nor Federal LEOs specifically. Typically as evidenced elsewhere in the other definitions in the Maryland Code one of the components Maryland requires to be held an LEO is the general power to arrest or to generally enforce "the laws.". There are two AG opinions out there in Maryland stating that MD probation agents and MVA agents were not LEO's within the generally accepted definition because they don't have the general powers to arrest. The point I was trying to make is for the purposed of the HQL its not dispositive how you are defined under Federal law, it matters how Maryland defines you.

So by not defining what a LEO is in the statute, it becomes a pissing contest because we can say we are, they can say we aren't, and they can just take their toys and go home like whiney little cry babies because they wrote the vague laws so that they may interpret them how they want. Then when challenged, they pull out COMAR and say "Here's how we define you."

 

[swinokur]

Luckily LEOSA is a Federal law that supersedes ,MD's stupid laws

thank God for the Supremacy Clause. (I think)

 

[CharlieFoxtrot]

So by not defining what a LEO is in the statute, it becomes a pissing contest because we can say we are, they can say we aren't, and they can just take their toys and go home like whiney little cry babies because they wrote the vague laws so that they may interpret them how they want. Then when challenged, they pull out COMAR and say "Here's how we define you."

Exactly!