Why doesn't the transfer law apply to the State again?

[Markp]

Refresh my memory, I'm confused! It would appear that the law doesn't apply to the state, only the serfs. This crap needs to end.


(1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.

(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.


The word SHALL means something, Why is the secretary NOT promptly conducting investigations are required by law. This violation of the law is being ignored by the state, and why exactly do they get a pass? Also why are they not asking for assistance as authorized by law?


(a) Secretary to conduct investigation.- On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.

(b) Request for assistance.- In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force.


And certainly someone has requested that a background check be conducted in accordance with 5-121, so why can't we charge the Secretary with a crime for NOT following the law?


(c) Background investigation.- On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in § 5-121 of this subtitle.

(d) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.


I would like to see them charged with with violating this subsection. This is ********, and they need to be charged with the violation they have committed.

 

[Sundancer]

Good highlights there - In my dealings with regs and laws "shall" is interpreted as a requirement to perform as stated. In this case they seem to have taken a "may" attitude. I am curious as to why someone has not sought a court order to force compliance. If it a question of costs for legal fees - hell I'd chip in $ as I am in this waiting hell too. And I don't care about how busy they are because they "find" money all of the time...If someone does have a fund going for a suit let me know. We are running out of time and seem to be as a group accepting this too willingly. All is being asked is performance of laws on the books not shortcuts!

 

[Kingjamez]

I think our IP's should file a class action for all of the space taken up by transfers limiting their retail space and causing lost sales.

-Jim

 

[Markp]

If it a question of costs for legal fees - hell I'd chip in $ as I am in this waiting hell too. All is being asked is performance of laws on the books not shortcuts!

I think our IP's should file a class action for all of the space taken up by transfers limiting their retail space and causing lost sales.

-Jim

This isn't a civil issue, it's a criminal issue. A complaint needs to be filed with the state police for a violation of the statute and they should be investigated and prosecuted.

 

[Ab_Normal]

Markp,

It says all the stuff they should do BUT there is no penalty for not doing it. So basically the stuff that is written down is just a waste of paper and ink.

 

[Markp]

Markp,

It says all the stuff they should do BUT there is no penalty for not doing it. So basically the stuff that is written down is just a waste of paper and ink.

No, it says what they SHALL do.

 

[HKB]

Class action law suite anyone?

 

[jtb81100]

We need to get one of the pro 2a sherrifs to issue warrents for the people in charge of the division.

 

[ShallNotInfringe]

Class action law suite anyone?

I can see the petition now... "The People of Maryland vs. Maryland State Police".

(Just kidding for those temperamental types here.)

Per the MSP site:
Col. Marcus L. Brown, Secretary of State Police (410) 653-4219

Isn't he the person accountable for this debacle?

*** When any nation mistrusts its citizens with firearms, it is sending a clear message. It no longer trusts its citizens because the government has evil plans - George Washington ***

 

[Markp]

We need to get one of the pro 2a sherrifs to issue warrents for the people in charge of the division.

Exactly.... That's where the fun begins. They are breaking the law!

 

[drblast33]

SHALL not be infringed

SHALL notify

At least they are consistent. SHALL means: whenever they find fit or if they ever want to...

 

[Ab_Normal]

No, it says what they SHALL do.

OK, I shall have worded it differently. But there still is no penalty for not doing it so the law is basically useless without a penalty for not following it as we can see.

 

[ShallNotInfringe]

Same for the Designated Collector wording...

(excerpted from COMAR)

I. If the individual is not prohibited by federal or State law from purchasing or possessing a regulated firearm, the notarized application shall be sufficient for a designation as a collector.

J. If the individual is designated by the Secretary to be a collector, the Secretary shall notify the individual in writing within 14 days of receiving the individual's request.

As Ab_Normal points out, no penalty is defined for not following the "SHALL".

*** When any nation mistrusts its citizens with firearms, it is sending a clear message. It no longer trusts its citizens because the government has evil plans - George Washington ***

 

[Ab_Normal]

Same for the Designated Collector wording...

(excerpted from COMAR)

I. If the individual is not prohibited by federal or State law from purchasing or possessing a regulated firearm, the notarized application shall be sufficient for a designation as a collector.

J. If the individual is designated by the Secretary to be a collector, the Secretary shall notify the individual in writing within 14 days of receiving the individual's request.

As Ab_Normal points out, no penalty is defined for not following the "SHALL".

*** When any nation mistrusts its citizens with firearms, it is sending a clear message. It no longer trusts its citizens because the government has evil plans - George Washington ***

And not coincidentally, there doesn't seem to be many places in the law or regulations that carry penalties for the government NOT doing what they are directed to do by the laws. The laws and regulations that apply to the average citizen usually carry some sort of penalty for not complying.

 

[ShallNotInfringe]

Lesson Learned: henceforth insist on a penalty or language that clarifies what action can be taken if the State does not comply.

In fact, make it one of our missions to do this for every bill offered... And I just might next session, go in there and raise hell on it using our plight as the example.

*** When any nation mistrusts its citizens with firearms, it is sending a clear message. It no longer trusts its citizens because the government has evil plans - George Washington ***

 

[Inigoes]

The law accommodates for the MSP quiescence after 7 days.

We all know, the MSP does not follow the rules, look at the COMAR for the collectors affadavit!?!?

 

[ShallNotInfringe]

The law accommodates for the MSP quiescence after 7 days.

We all know the MSP does not follow the rules, look at the COMAR for the collectors affadavit!?!?

"May", "Will", "Should", "Can" are suggestions. "Shall" is a requirement.

And "shall"'s need teeth apparently with this State.

 

[Brychan]

Maybe everyone waiting should email and/or call col. Marcus Brown and voice their displeasure of his commands efficiency.

 

[jhcrab]

Class action law suite anyone?

Where are our Representatives on this issue - why are they sitting on the sidelines and ignoring this issue ? Need someone smarter than me to start a mass email to be sent to all MD politicians demanding that they do something about this injustice !

 

[jtb81100]

Are there penalties for violating the federal requirements of being the NICS check go to? If so maybe 40 or 50 of us can all show up at a FBI field office to file federal complaints. Maybe we can get a news station to send a camera around for it as well.