Who is the next MSP Superintendent?

[dblas]

Okay...so riddle me this:

Suppose the new Governor appoints an MSP superintendent who, within his lawful authority, interprets G&S as pretty much any person who may lawfully purchase/possess a handgun and approves carry permits on that basis.

That would turn Maryland into a de facto "shall issue" state, at least for four years.

Is there anything I'm missing? What would be the problem, if any, with that?

Thanks,

Mike

Minor issue: "has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger." is written into the the actual law. So the administrative remedy HAS to include the the apprehended danger issue.

 

[dblas]

The length of time a permit is good for is set in COMAR and can not be changed simply by the will of the Superintendent.

That should be Annotated code. The Superintendent can submit any administrative changes he likes to COMAR.

 

[Straightshooter]

Yes, he can, but I'm sure you are aware of the makeup of that committee. It is on COMAR.

 

[dblas]

Yes, he can, but I'm sure you are aware of the makeup of that committee. It is on COMAR.

AELR does not get involved in every submission or amendment to COMAR, it is not required by law.

And the time frames are in the Annotated code as passed by the legislature, so they are law, not administrative issues.

Yes, they are also in COMAR, as COMAR generally imitates Annotated Code and includes the "discretion of the Secretary" issues as well. (or at least it should)

 

[Straightshooter]

This is one of the things that definitely needs to change if for no other reason than fairness. With the cost of the required classes all permits should be good for equal lengths of time. For someone to expire in just 24 months while someone else expires in 36 months simply because of where their birthday falls in relation to the month of issue is pure craziness..

 

[Jaybeez]

Minor issue: "has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger." is written into the the actual law. So the administrative remedy HAS to include the the apprehended danger issue.

I wear a seatbelt as a reasonable precaution against apprehended danger.

I keep a fire extinguisher in the car and kitchen as a reasonable precaution against apprehended danger.

if I hear someone outside my house at night I take a phone, a light, and a pistol as a reasonable precaution against apprehended danger.

my local county building permit office has armed guards as a reasonable precaution against apprehended danger.

 

[dblas]

This is one of the things that definitely needs to change if for no other reason than fairness. With the cost of the required classes all permits should be good for equal lengths of time. For someone to expire in just 24 months while someone else expires in 36 months simply because of where their birthday falls in relation to the month of issue is pure craziness..

I agree, the lengths need to be trued up. Preferably were both are 3 years like renewals and not 2 years like the initial permit.

 

[Tyeraxus]

Minor issue: "has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger." is written into the the actual law. So the administrative remedy HAS to include the the apprehended danger issue.

See bold. As written, the passage says that "the permit is necessary as a reasonable precaution against apprehended danger" satisfies G&S, not that all G&S has to contain it. For example, the passage...

The calculation shall be rounded to the nearest integer, such as 2 or 4

... does not mean that 2 and 4 are the only valid integers, just that they are examples.

 

[Gryphon]

The length of time a permit is good for is set in COMAR and can not be changed simply by the will of the Superintendent.

Wasn't suggesting he/she could. Just that if your permit is issued relatively early in the new administration, then based upon your birthday, it could be possible that your renewal in 3 years would come up before the end of Hogan's first 4 year term, thereby giving you another 3 year permit going into the next 4 year term. It would be plus or minus depending on the circs.