Special Session: SB21 Introduced

[gmhowell]

It was MSP policy in 2004 (and I bet it hasn't changed) that any currently-serving police officer that appears at the Handgun Division to apply should leave with at least a temporary permit and his full permit application jumps to the front of the line. If he applies outside of business hours, he is supposed to get his temp permit within 48 hours.

"Temporary" permit? I don't recall seeing mention of that in the legislation. Or is that something the MSP invented?

 

[teratos]

"Temporary" permit? I don't recall seeing mention of that in the legislation. Or is that something the MSP invented?

It's been an option for people who have urgent need.

 

[gmhowell]

It's been an option for people who have urgent need.

Legislative or MSP created?

 

[teratos]

Legislative or MSP created?

Good question. I looked earlier today, and my google-fu was not strong enough to discern an answer.

 

[gmhowell]

That's my problem. Despite there being an unequal protection argument possible (similar to the argument against G&S), it actually makes sense. What does NOT make sense is if the MSP declared it. I see times where use of resources is up to them, a la the SWAT team vs neighbors making noise mentioned... somewhere on MDS. But this seems pretty far outside their purview. The law as written is pretty clear, and a temporary permit shouldn't be allowed by law. The person hasn't had the investigation done, G&S verified, etc.

Now I look at it from the other side: suppose the GA created the 'temporary permit'? If so, they are tacitly admitting that the safety of an individual sometimes overrides the public interest. They also admit that all those checks are not necessary with an automated computer records search being sufficient.

Someone could dig into this a bit to use for when the GA takes up the issue again.

 

[Biggfoot44]

As interesting as it would be to establish, probbly not worth finding out at the moment. With immenent wholesale rewriting of issueing process thru Courts , or new legislation , or multiple combintions , little point in trying to fine tune the soon to be replaaced system.

Only if a double longshot of Juducual and legislative stalemte , and a serious suit on 5A nd 14A chllenges would this be importnt for more than academic knowledege.

 

[gmhowell]

No, I'm not talking about finding out in order to amend current law. I'm talking about using it to throw the state's experience back in its face:

Froshites: "We need 180 days to process apps so we can be thorough."
Liberty lovers: "But before you did them in 4 hours on an expedited basis with no problems."
Froshites: "Err..."

 

[MDFF2008]

Someone please correct me if I am wrong but I thought that a Special Session could be called by the Governor but only for one issue not to open up the flood gates for a host of other bills dealing with different issues. Chris

yes and no. Anyone can still fill any bill they want, but unlike the general session where they all get a hearing, all bills in the special session go to the rules committee which decides which bills can be debated.

The rules committee will generally not allow any bills expect the special session bill to move forward.

It's my understanding the pitt bull bill was pre-planned by both sides.

 

[jkray]

Ive been out of the loop for a couple days. Did this bill get anywhere?

 

[Atlasarmory]

Ive been out of the loop for a couple days. Did this bill get anywhere?

This

 

[teratos]

That's my problem. Despite there being an unequal protection argument possible (similar to the argument against G&S), it actually makes sense. What does NOT make sense is if the MSP declared it. I see times where use of resources is up to them, a la the SWAT team vs neighbors making noise mentioned... somewhere on MDS. But this seems pretty far outside their purview. The law as written is pretty clear, and a temporary permit shouldn't be allowed by law. The person hasn't had the investigation done, G&S verified, etc.

Now I look at it from the other side: suppose the GA created the 'temporary permit'? If so, they are tacitly admitting that the safety of an individual sometimes overrides the public interest. They also admit that all those checks are not necessary with an automated computer records search being sufficient.

Someone could dig into this a bit to use for when the GA takes up the issue again.

It's an expedited permit. It would take a tremendous amount of manpower to do what they need to do for everyone. So far, there is nothing Unconstitutional about a State doing thorough background checks. They can make the process a 90 day process. There would be a shit-storm of litigation if a battered woman asks for a permit and they tell her "90 days" then she gets killed.

 

[Boondock Saint]

Ive been out of the loop for a couple days. Did this bill get anywhere?

This

Nothing's official but there has been no movement on it since its introduction. With the session likely to end Tuesday and gambling/dogs much higher on the list of priorities, it's all but dead. That said, we're keeping an eye on it.

 

[Mr H]

I heard from Neil Parrott today, and he confirmed it's dead for the session.

 

[bbrown]

There would be a shit-storm of litigation if a battered woman asks for a permit and they tell her "90 days" then she gets killed.

Didn't this exact thing happen here in MD several years ago? Not much hue and cry was raised then.

Bryan

 

[hodgepodge]

I heard from Neil Parrott today, and he confirmed it's dead for the session.

But I believe this will be the opening for the January session, with more to come!

Maryland gun owners and folks who want to own guns need to have their strategy lined up; what is legitimate training and investigation needs to be planned.

Bottom line: I don't trust them at all.

 

[Hyper-W]

They have been doing it for years. If there is a dire need for a permit such as personal protection, they will issue a permit within 24 hours.

It SHOULD be this way. If a woman's estranged husband has threatened her life, for example, she should have access to a means of protection without waiting 90 days. Provisions need to be made for an expedited process.

But she has to wait seven days to purchase the firearm to carry....

 

[teratos]

But she has to wait seven days to purchase the firearm to carry....

True. Not much you can do about that, I guess.

 

[Kharn]

But she has to wait seven days to purchase the firearm to carry....

IIRC family can loan the person a handgun for a short period (several weeks is the case law, thanks to a cop's girlfriend being the accused, IIRC) for self defense in such cases of need.

 

[LCPIWB]

IIRC family can loan the person a handgun for a short period (several weeks is the case law, thanks to a cop's girlfriend being the accused, IIRC) for self defense in such cases of need.

For my edification can you state the case name?
I am aware of Chow vs. PG County but that is different circumstances.

 

[Patrick]

It's an expedited permit. It would take a tremendous amount of manpower to do what they need to do for everyone. So far, there is nothing Unconstitutional about a State doing thorough background checks. They can make the process a 90 day process. There would be a shit-storm of litigation if a battered woman asks for a permit and they tell her "90 days" then she gets killed.

A good example, but anther pressing one is a witness to a crime who is expected to testify against a gang known to 'disappear' witnesses.

The state have permits expedited in the past, but are cagey about the details for obvious reasons. I have never heard rumor of "emergency" permits for purely political reasons. If you think about it, you would not want to draw attention to them with a special tag anyway. We have heard of non-emergency instant permits for the connected, though.

I agree with you - I don't see a problem with an emergency process for legitimate cases. It'd be better to have everyone done in 2 hours or less, but until we get there I'll be happy knowing a few (non-political/connected) people can get them in the midst of the sh!t actually hitting their fan.