PERMIT APPLICATION RETURNED

[cad68m_m]

Permit Review Board

I am sending something along these lines along with a complete copy of my application.
April 12, 2012

TO: Handgun Permit Review Board
Dear Sir or Madam,
I am requesting a review of the attached application dated April 3, 2012 which was returned along with the application fee by the Licensing Division of the MSP without processing on April 11, in effect a denial. Please also see attached the letter from Lt McCauley accompanying my returned application.

29.03.02.03 "Upon receipt of the application and the supporting material described, the Secretary shall cause an investigation of the applicant to be conducted for the purpose of determining whether the applicant possesses the qualifications for a permit as required by Public Safety Article, §5-306, Annotated Code of Maryland." http://www.dsd.state.md.us/comar/get...9.03.02.03.htm

AND

29.03.02.06 "Upon the completion of the investigation, the Secretary of State Police shall notify the applicant by letter either that the permit has been issued or that it has been denied . http://www.dsd.state.md.us/comar/get...9.03.02.06.htm

It appears that returning my application and fee $75.00 is not an option under Comar that is however what they have done.
I called the MSP Licensing Division and enquired whether I would have to resubmit Livescan fingerprints if I resubmit my application when the stay is lifted, and they replied yes. So that’s another $54 plus postage at that time. My expectation was they would process my application when received, but not issue the permit while the stay was in force. I am suffering economic damages by this action.

 

[Smagel]

I can't imagine MSP taking this action without consulting the AG's office.

I also can't imagine the lawyers in the AG's office who are handling Wollard thinking it's a good idea.

Strange.

 

[gmhowell]

This comes up in my email, just a few minutes ago... Glad nobody in MoCo is armed... This is in my "beat", seems G&S enough for me.

N2 Beat:

· Three strong-armed robberies occurred between 10:45 p.m. on Sunday, 4/1 and 12:30 a.m. on Monday, 4/2 in this Germantown beat.

Ø At Great Seneca Highway & Mateny Road. Suspects threatened victim with a weapon and obtained property.

Suspects: four black males, one armed with a handgun.

Ø At Mateny Road & Owl Run Way. Suspects threatened the victim with a weapon and obtained property.

Suspects: six black males and two Hispanic males, three armed with handguns

Ø In the 18000 block of Cottage Garden Drive. Suspects threatened the victim and obtained property.

Suspects: four black males, two wearing ski masks

I suppose the multiple auto breakins in my apartment complex in Germantown pale in comparison Stuff like this makes me feel in no rush to retrieve my motorcycle from my parents' house.

 

[esqappellate]

For arguments sake, lets say the state is "bending" the stay. Would you say this is more or less egregious than things corporations or other governments have done while they appealed a ruling?

Good Lord. That covers a lot of ground. Each case is different, as the application of the factors lie in the court's equitable discretion. So you can't really compare -- too many variables. This just stinks. If the state says that this is their long standing practice then their reliance on their 97% approval rate is exposed as a fraud. They just don't count all the applications returned and they return all the applications they would have denied on G&S grounds. Neat

 

[esqappellate]

I am sending something along these lines along with a complete copy of my application.
April 12, 2012

TO: Handgun Permit Review Board
Dear Sir or Madam,
I am requesting a review of the attached application dated April 3, 2012 which was returned along with the application fee by the Licensing Division of the MSP without processing on April 11, in effect a denial. Please also see attached the letter from Lt McCauley accompanying my returned application.

29.03.02.03 "Upon receipt of the application and the supporting material described, the Secretary shall cause an investigation of the applicant to be conducted for the purpose of determining whether the applicant possesses the qualifications for a permit as required by Public Safety Article, §5-306, Annotated Code of Maryland." http://www.dsd.state.md.us/comar/get...9.03.02.03.htm

AND

29.03.02.06 "Upon the completion of the investigation, the Secretary of State Police shall notify the applicant by letter either that the permit has been issued or that it has been denied . http://www.dsd.state.md.us/comar/get...9.03.02.06.htm

It appears that returning my application and fee $75.00 is not an option under Comar that is however what they have done.
I called the MSP Licensing Division and enquired whether I would have to resubmit Livescan fingerprints if I resubmit my application when the stay is lifted, and they replied yes. So that’s another $54 plus postage at that time. My expectation was they would process my application when received, but not issue the permit while the stay was in force. I am suffering economic damages by this action.

You may wish to cite 5-311:

MD Code, Public Safety, § 5-311

Formerly cited as MD CODE Art. 27, § 36E

West's Annotated Code of Maryland Currentness
Public Safety (Refs & Annos)
Full text of all sections at this level Title 5. Firearms
Full text of all sections at this level Subtitle 3. Handgun Permits (Refs & Annos)
Current selection§ 5-311. Informal review of Secretary's action


Request for informal review

(a) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary's initial action.

Personal interview

(b) An informal review:

(1) may include a personal interview of the person who requested the informal review; and

(2) is not subject to Title 10, Subtitle 2 of the State Government Article.

Action by Secretary

(c) In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

Request for review by Board

(d) A person need not file a request for an informal review under this section before requesting review under § 5-312 of this subtitle.

CREDIT(S)


There may be a problem with this. You have 10 days to file a board appeal. ONLY 10 days. A request for informal review under 5-311 does not expressly toll that time period.

 

[gmhowell]

OK - but why treat the ones before the stay differently than the ones after the stay. Is the temporary stay not retroactive to the date of the decision?

IMNSHO, IANAL, they screwed up and deposited the checks. That's what is different. IIRC, we haven't heard from someone whose check was deposited and got the non-denial denial form letter.

 

[cad68m_m]

There are two different addresses and phone numbers for the Handgun Permit Review Board on the MD Department of Public Safety and Correctional Services website. The correct one is:

Handgun Permit Review Board
410 339-5010
300 E. Joppa Road, Suite 1000
TOWSON, MD 21286

 

[Glaug-Eldare]

Well, whatever happens, don't be discouraged. We knew from the very start that the State would play games with us, and this is right on schedule. The law is on our side, great minds are on our side, and we have the courage of our convictions. This is clearly an illegal act, and there are multiple avenues of recourse available to you.

A little funny, though, that we wind up in the strange position of perhaps needing to force Maryland to deny our permit applications!

 

[BUFF7MM]

IMNSHO, IANAL, they screwed up and deposited the checks. That's what is different. IIRC, we haven't heard from someone whose check was deposited and got the non-denial denial form letter.

My check was deposited and I haven't heard squat yet one way or another.

 

[Hotrod Diesel]

I put it off too long, but I joined SAF and MSI tonight after reading all these letters today. I added extra donations as well... (wasted no time adding to the sig)

All this drama is making my blood pressure rise.

 

[Broadside]

Does anyone have any contacts with the press. I don't mean the Baltimore Sun or the Washington Post. I know they don't care. But, anybody who might be interested in writig a story?

 

[cad68m_m]

You may wish to cite 5-311:

MD Code, Public Safety, § 5-311

Formerly cited as MD CODE Art. 27, § 36E

West's Annotated Code of Maryland Currentness
Public Safety (Refs & Annos)
Full text of all sections at this level Title 5. Firearms
Full text of all sections at this level Subtitle 3. Handgun Permits (Refs & Annos)
Current selection§ 5-311. Informal review of Secretary's action


Request for informal review

(a) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary's initial action.

Personal interview

(b) An informal review:

(1) may include a personal interview of the person who requested the informal review; and

(2) is not subject to Title 10, Subtitle 2 of the State Government Article.

Action by Secretary

(c) In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

Request for review by Board

(d) A person need not file a request for an informal review under this section before requesting review under § 5-312 of this subtitle.

CREDIT(S)


There may be a problem with this. You have 10 days to file a board appeal. ONLY 10 days. A request for informal review under 5-311 does not expressly toll that time period.

So it sounds like I need to go directly to the Handgun Permit Review Board?

 

[CypherPunk]

The FBI is by law required to destroy the prints after the background check is complete. That's why the prints are only good for a short time and have to be redone if you reapply.

Um sorry, I am in "disagreance".

"...The contributors who routinely and voluntarily submit fingerprints and other criminal justice information to the FBI are very important. Their actions expand the size of the fingerprint files, thereby increasing the value of the files to all law enforcement agencies. Mutual cooperation and efficiency are resultant by-products."
Source: http://www.fbi.gov/about-us/cjis/law-enforcement-records-management-system

You may be able to make a written request to expunge your Voluntary Appeal File (VAF), but I doubt the *really* delete all the data. The probably send an electronic copy to the UK or New Zealand under some secret Presidential order, so they are exempt from complying.

 

[martinithebun]

My check was deposited and I haven't heard squat yet one way or another.

Same here. They cashed my check and the only thing I've gotten is the MD background check letter back. That was on 3/14/2012, not a peep since. They also have not contact my references.

 

[gmhowell]

They probably don't even send it abroad. Probably put in a 'true' value in the database column 'deleted'. Data still there, but technically 'deleted'. (Think of dragging a document to the recycle bin on your computer, but not hitting the 'empty' menu choice).

 

[esqappellate]

So it sounds like I need to go directly to the Handgun Permit Review Board?

I don't give advice here. I can only say that going directly to the Board is what I would do.....

 

[Mr H]

right, in an enforcement action. Such an enforcement action doesn't lie now because of the temporary stay permits them to do this BS.

Sadly, "Bad Form" isn't punishable by more than stern looks. But, maybe they'll cross a line.

We can only be on top of it and hope a little.

 

[USAFRavenR6]

Thank you everyone or the warm welcome! I am fine with following the direction of the other members that have also received the same letter and cow application as I did in the mail. Should we wait for guidance on how to proceed?

 

[BUFF7MM]

Same here. They cashed my check and the only thing I've gotten is the MD background check letter back. That was on 3/14/2012, not a peep since. They also have not contact my references.

My was received on the 14th and check deposited on the 20th, no call to references either, now I'm starting to wonder if in the next few days if I'll get something in the mail. I guess I'll just have to wait and see.

 

[CypherPunk]

I'm writing and calling Senator Young (3) and Delegate Hough (3b) to complain.

While I am at it, I may write the Gov and the Attorney General.