jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
So when this state elects another Democrat Governor, what happens to the process? I seem to recall it disappeared under O'Malley. Is that the answer?
If we are arguing for the HPRB, are we playing into their hands and providing ammunition (no pun intended) for keeping 'may issue'? Also, if they abolish it does it give us additional ammunition to fight for "Shall issue"?
So when this state elects another Democrat Governor, what happens to the process? I seem to recall it disappeared under O'Malley. Is that the answer?
I am not sure I would define that as the least bad result. It certainly preserves the status quo in the short term with potentially negative consequences in the long term. Assuming that what ever it is replaced with is impartial, the status quo may not change, but there would not be the negative long term consequences.
Is the HPRB a double edge sword? They are currently overturning MSP decisions with a Republican Governor, but what happens under a Democrat?
There are no "good" choices in this state for pro-2A people. In this case, the least bad result is keeping the current HPRB intact for the remainder of Hogan's term and putting licenses in the hands of responsible individuals lawfully, as the HPRB has been doing. The more legal concealed carriers there are carrying in MD without incident, the weaker the antis' arguments are both politically and in court over the long term.
Is impartiality the only standard we're looking for? Denying everyone automatically would be impartial. A standard equivalent to Rule of Lenity would be what I'd want; deference to a declaration of need by a non-prohibited applicant.
The chance of MGA legislating a solution that gives that deference asymptotically approaches zero.
This can be seen as an opportunity to create a system that is more impartial and would not deny out rights when a different person is in the governors office.
The legislature wants to change things because they perceive the board as not being impartial. This can be seen as an opportunity to create a system that is more impartial and would not deny out rights when a different person is in the governors office.
The legislature wants to change things because they perceive the board as not being impartial. This can be seen as an opportunity to create a system that is more impartial and would not deny out rights when a different person is in the governors office.
I may be wrong but they held secret meetings on the down-low , until questions were asked .
They were quite surprised when Cypherpunk and myself showed up for a meeting in that cramped little room at the Glen Burnie barracks, and we weren't there for an appeal. They weren't quite sure what to do.
I disagree with that statement. MGA is looking to change the law not because HPRB results are biased, but because the outcome desired by their leadership, the MD AG, and many individual legislators isn't being achieved by the current process.
That desired outcome of minimization of guns in private hands is overt and oft stated by Frosh, Dumais, Atterbury, Bowen, and others. They interpret the current law as meaning that the only circumstances where a person should be allowed to carry a gun in public are if they:
a. Require a weapon for their job in a profession directly related to law enforcement or security (including protection of assets that provide tax revenue).
b. Have a specific, identified entity who is currently, actively, and individually targeting them for death or serious bodily injury, and the targeting has been demonstrated by recent, prior attempts at harm.
And in the AG's case, I'm not sure he believes (b) should be justification because based on prior statements over the years, an act of violence in self defense is as undesirable as an act of violence with criminal intent. In his mindset, maintenance of public order and public safety are solely the purview of the State, not individuals, even those who are the would-be victims.
MSPLD's process embodies what's desired, and it's anything but impartial by my definition of the word. An undocumented, and therefore unchallengable, process that produces arbitrary and capricious results that often conflict with its own previous decisions was fine with MGA and MDAG prior to Hogan's election because it produced the general results wanted.
I disagree with that statement. MGA is looking to change the law not because HPRB results are biased, but because the outcome desired by their leadership, the MD AG, and many individual legislators isn't being achieved by the current process.
That desired outcome of minimization of guns in private hands is overt and oft stated by Frosh, Dumais, Atterbury, Bowen, and others. They interpret the current law as meaning that the only circumstances where a person should be allowed to carry a gun in public are if they:
a. Require a weapon for their job in a profession directly related to law enforcement or security (including protection of assets that provide tax revenue).
b. Have a specific, identified entity who is currently, actively, and individually targeting them for death or serious bodily injury, and the targeting has been demonstrated by recent, prior attempts at harm.
And in the AG's case, I'm not sure he believes (b) should be justification because based on prior statements over the years, an act of violence in self defense is as undesirable as an act of violence with criminal intent. In his mindset, maintenance of public order and public safety are solely the purview of the State, not individuals, even those who are the would-be victims.
MSPLD's process embodies what's desired, and it's anything but impartial by my definition of the word. An undocumented, and therefore unchallengable, process that produces arbitrary and capricious results that often conflict with its own previous decisions was fine with MGA and MDAG prior to Hogan's election because it produced the general results wanted.