HPRB Under Attack: Hearings 3/12

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  • MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    Update - this bill passed the Senate this morning, was read over the desk in the House very quickly, assigned to House Rules, which already met and rereferred the bill to House Judiciary...they really want this one.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,713
    Howard County
    Update - this bill passed the Senate this morning last night, was read over the desk in the House very quickly, assigned to House Rules, which already met and rereferred the bill to House Judiciary...they really want this one.

    FIFY - unless I misunderstood what happened last night.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Of the antigun legislation this term, this one is the most direct challenge to Hogan because they don't like him using his appointment power to put citizens that won't act as a rubber stamp for the State Police Licensing Division. I bet the governor's office also has a much better sense of how the HPRB has been functioning than the Baltimore Sun does. For these reason, I think it more likely that he'll veto this bill when/if it comes across his desk. I'm guessing it will be symbolic as the Democratic majority will override any veto attempt, but it will be interesting to see if some are less than certain in removing a citizen review panel that serves as government oversight.

    Of course, it would be much more appealing if Hogan changed how the Licensing Division functioned when handling carry permit applications, but I'm not holding my breath.

    Sent from my Pixel XL using Tapatalk
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    To bad he can not remove it from the MSP Licensing Division and have some other state agency do the licensing. Also we all know the only reason Mike Miller is hanging around is to get this pushed thru and become law before he leaves this earth by any means necessary legal or not... Heck he might pass before Rack and his brother have their day in court as well.
     

    eruby

    Confederate Jew
    MDS Supporter
    .... Of course, it would be much more appealing if Hogan changed how the Licensing Division functioned when handling carry permit applications, but I'm not holding my breath.

    To bad he can not remove it from the MSP Licensing Division and have some other state agency do the licensing. ....
    Except for the fact that “Larry Hogan is the kindest, bravest, warmest, most wonderful human being I’ve ever known in my life”, Hogan is a spinless, gutless (figuratively), self-serving, worm/milquetoast, who makes Arnold Stang look like Arnold Schwarzenegger.

    Larry Hogan is to the 2A, what Schickelgruber was to the Jews.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,476
    Underground Bunker
    This is what liberals do and we see it across the United States , they get to a place or move to a place and completely ruin a state by higher taxes and more government & control and crush jobs . Then have to go to another conservative state and then the whole process happens again .
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    Of the antigun legislation this term, this one is the most direct challenge to Hogan because they don't like him using his appointment power to put citizens that won't act as a rubber stamp for the State Police Licensing Division. I bet the governor's office also has a much better sense of how the HPRB has been functioning than the Baltimore Sun does. For these reason, I think it more likely that he'll veto this bill when/if it comes across his desk. I'm guessing it will be symbolic as the Democratic majority will override any veto attempt, but it will be interesting to see if some are less than certain in removing a citizen review panel that serves as government oversight.

    Of course, it would be much more appealing if Hogan changed how the Licensing Division functioned when handling carry permit applications, but I'm not holding my breath.

    Sent from my Pixel XL using Tapatalk

    I hope you are correct friend, but frankly, other than the appointment of knowledgeable and independent thinkers as members the Governor and his office have provided absolutely zero support to the Board. Obvioisly, he steadfastly refuses to address the mandatory, arbitrary and ambiguous restrictions applied pursuant to the MSP’s ultra vires SOP. With 80% of the cases being the removal of those restrictions the outcome was entirely predictable and preventable. Yet here we are.

    It should be clear to all that Mike and Mike are pushing hard to kill off a true citizen oversight Board and put the government itself in the position of hearing appeals, and so far the Governor hasn’t been willing to spend any political capital to save due process for the citizens.

    And let’s make no mistake. Sending appeals to OAH doesn’t remove politics from the equation. The Chief Administrative Law Judge is appointed by the Governor to 6 year terms. He has control over hiring the ALJ’s, and the Attorney General has significant oversight and influence on the Board that oversees the OAH.

    Oh, did I forget to say that the MSP and it’s counsel provided the training to the ALJ’s who had no prior experience in these matters? And that Ed Hershon reports the ALJ’s have ignored the statute putting the burden with regard to contested permits (particularly for restrictions) on the MSP as the agency?

    The Governor painted himself into a corner, and it seems he did so knowingly, was totally outplayed, or simply doesn’t care. Looks like we will all find out soon.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,476
    Underground Bunker
    I hope you are correct friend, but frankly, other than the appointment of knowledgeable and independent thinkers As members the Governor and his office have provided absolutely zero support to the Board. Obvioisly, he steadfastly refuses to address the mandatory, arbitrary and ambiguous restrictions applied pursuant to the MSP’s ultra vires SOP. With 80% of the cases being the removal of those restrictions the outcome was entirely predictable and preventable. Yet here we are.

    It should be clear to all that Mike and Mike are pushing hard to kill off a true citizen oversight Board and put the government itself in the position of hearing appeals, and so far the Governor hasn’t been willing to spend any political capital to save due process for the citizens.

    And let’s make no mistake. Sending appeals to OAH doesn’t remove politics from the equation. The Chief Administrative Law is appointed by the Governor to 6 year terms. He has control over hiring the ALJ’s, and the Attorney General has significant oversight and influence on the Board that oversees the OAH.

    Oh, did I forget to say that the MSP and it’s counsel provided the training to the ALJ’s who had no prior experience in these matters? And that Ed Hershon reports the ALJ’s have ignored the statute putting the burden with regard to contested permits (particularly for restrictions) on the MSP as the agency?

    The Governor painted himself into a corner, and it seems he did so knowingly, was totally outplayed, or simply doesn’t care. Looks like we will all find out soon.

    Truth ^ , because i have seen the OAH from the inside . It is more of a extension of the MSP ( IMHO ) They should give the LJ's guns and a badge .:innocent0
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,476
    Underground Bunker
    Has your case been heard yet?

    The case has been heard but i have not been notified yet .


    But if you want an honest opinion , it was decided the same day . I do want to stay hopeful but there are a lot of things that point me into that direction .

    I am not comfortable in saying here on an open forum
     

    Sundazes

    Throbbing Member
    MDS Supporter
    Nov 13, 2006
    21,665
    Arkham
    The case has been heard but i have not been notified yet .


    But if you want an honest opinion , it was decided the same day . I do want to stay hopeful but there are a lot of things that point me into that direction .

    I am not comfortable in saying here on an open forum

    Understood, hopefully, after you are notified, you can shed some light on the process, etc...
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,476
    Underground Bunker
    Understood, hopefully, after you are notified, you can shed some light on the process, etc...

    I will be happy to share more , we need to all understand the issues we face . After a decision it will give me the ability to speak what i really feel , as i don't want to PO the gawkers that shadow this section of the forum
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,204
    南馬里蘭州鮑伊
    This is what liberals do and we see it across the United States , they get to a place or move to a place and completely ruin a state by higher taxes and more government & control and crush jobs . Then have to go to another conservative state and then the whole process happens again .

    They copy the cuckoo, who takes over another bird's nest, lives in it until it's so foul as to be unusable, and then moves on to the next one. The strategy depends on finding a nest that hasn't been fouled yet. Sadly for Liberals, there is a finite number of states left to foul.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I hope you are correct friend, but frankly, other than the appointment of knowledgeable and independent thinkers as members the Governor and his office have provided absolutely zero support to the Board. Obvioisly, he steadfastly refuses to address the mandatory, arbitrary and ambiguous restrictions applied pursuant to the MSP’s ultra vires SOP. With 80% of the cases being the removal of those restrictions the outcome was entirely predictable and preventable. Yet here we are.

    It should be clear to all that Mike and Mike are pushing hard to kill off a true citizen oversight Board and put the government itself in the position of hearing appeals, and so far the Governor hasn’t been willing to spend any political capital to save due process for the citizens.

    And let’s make no mistake. Sending appeals to OAH doesn’t remove politics from the equation. The Chief Administrative Law Judge is appointed by the Governor to 6 year terms. He has control over hiring the ALJ’s, and the Attorney General has significant oversight and influence on the Board that oversees the OAH.

    Oh, did I forget to say that the MSP and it’s counsel provided the training to the ALJ’s who had no prior experience in these matters? And that Ed Hershon reports the ALJ’s have ignored the statute putting the burden with regard to contested permits (particularly for restrictions) on the MSP as the agency?

    The Governor painted himself into a corner, and it seems he did so knowingly, was totally outplayed, or simply doesn’t care. Looks like we will all find out soon.

    That could be one avenue before the appeal before the circuit court is the ALJ ignoring the statute that puts the burden on MSP. If that should happen before a circuit court and the court did mention that in its order, then could that be used again before a ALJ?
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Also wondering. Could we use Title 18 U.S. Code $242 Deprivation of rights under color of law against the MGA????

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
     

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