HB 819 HAndgun Review Board

[danb]

I do not think conference is immediate. For example SB0707 (bump stock ban) is getting a House hearing 4/3. To my eye, both House and Senate passed same language, but thats not the end.

I think that either the House or Senate or both need to vote either to accept the other chambers version, or vote to send to conference.

 

[dblas]

So the question is, now what. House and Senate passed different versions.

The House needs to pass the Senate version, or both house and Senate need to vote to go to a conference, I think.

Either the Senate needs to pass the House version or the Senate needs to pass the House version. If either side adds amendments, and the originating side does not accept the amendments, then it goes to conference committee.

 

[Schipperke]

The Senate version, no comprende. There is no cost or hazard that I understand the MSP would have running to the ALJ next if the HPRB overturned them. If the applicant fails, don't they have to pay to go to ALJ?

 

[Abacab]

Just noticed the SJPC gave this bill a unanimous favorable report with amendments. I guess our side threw in the towel.

 

[esqappellate]

Just noticed the SJPC gave this bill a unanimous favorable report with amendments. I guess our side threw in the towel.

They amended HB819 to match the amendments they made to SB741.

 

[Abacab]

They amended HB819 to match the amendments they made to SB741.

I'm aware. Is that supposed to excuse their vote?

 

[esqappellate]

I'm aware. Is that supposed to excuse their vote?

Better than the House bill, is all I can say.

 

[Abacab]

Better than the House bill, is all I can say.

There's an argument that it is in fact worse. It now gives the MSP all the tools to delay the process in near perpetuity.

 

[Zorros]

Is this a done deal? Repeal of the bd? Appeal of msp to a admin judge?

 

[Biggfoot44]

The Senate version retains an HPRB , but adds an additional step of Administrative Law Judge after HPRB , but before Md Circuit Court .

How that would work out in practice is presently wild guessing .

 

[Schipperke]

Why if MSP is overruled, they wouldn't go with a de novo hearing with an ALJ? It is not an appeal on the record. They have your game plan now and be more than ready for it with evidence or argument not previously brought before HPRB. Honestly don't understand why this is better. Why wouldn't either side that loses not go the next step? I would hope an applicant could ask to go straight to the ALJ and save what now appears a meaningless step.

 

[Zorros]

Why if MSP is overruled, they wouldn't go with a de novo hearing with an ALJ? It is not an appeal on the record. They have your game plan now and be more than ready for it with evidence or argument not previously brought before HPRB. Honestly don't understand why this is better. Why wouldn't either side that loses not go the next step? I would hope an applicant could ask to go straight to the ALJ and save what now appears a meaningless step.

I think you might appeal within MSP. Then to an ALJ Who would hear testimony and determine if the decision was supported by law and fact. It will look at the statute and ask whether the MSP had a basis to determine whether G&S reason did or did not exist. With the squishyness of the statute, the cases that have ruled against the applicant as precedent, good luck when this is taken out of the hands of an appointed bd. I think MSP will be able to substantially reduce permits if that is what a new governor directs. In the meantime the superintendent will still follow the governor’s directives. Maybe there is a lawyer here who practices admin law who can comment.

 

[Rack&Roll]

HB 819 has passed.

 

[Abacab]

HB 819 has passed.

46-0 with all of our "friends" in support.

 

[44man]

HB 819 has passed.

46-0 with all of our "friends" in support.

what in the world is going on?

with friends like these what difference does it make if the democrats or republicans are in there?

 

[rseymorejr]

46-0 with all of our "friends" in support.

We don't have any friends

 

[Occam]

with friends like these what difference does it make if the democrats or republicans are in there?

Because, despite what one might think by hanging out here, the state government does other things, too.

 

[Schipperke]

Fantastic. The state now spends $$ and wastes applicants time for a show trial, before the de novo hearing in front of an ALJ. The HPRB members don't get paid, but it's a make work program for the administrative staff for the volunteers.

 

[44man]

Because, despite what one might think by hanging out here, the state government does other things, too.

yep, raise my taxes, add ******** red tape to my job, promise to repair roads and not doing it add undue burden to farmers along with taking my rights.

oh, but I forgot, if I drive 2 and a half hours I can get a dollar off the toll at the bay bridge.

it no longer matters whos in there since they all vote the same way.

 

[Biggfoot44]

The thing is , the latest version literally retains the HPRB . The Bill seeks to undermine it by a yet to be seen degree by adding ALJ imeadately above it in the appeals chain , but the Board is still there in current form .

819 sucks inherently , and is unnecessary . But since the Board is not abolished , and effects are ambiguous, by itself does not make a fruitful Litmus Test to be used in post game analysis that starts 4/10/ 18 for MGA, and 4/16/18 for the GOV .

We have 888 and 1032 for better predictors .