No, it says what they SHALL do.
Yes, it says "shall do", but where is the penalty written for failure to abide by the statute?
No, it says what they SHALL do.
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 ***
Good luck with that.
LOL at finding a Sheriff to charge them.
Even worst is finding a States Attorney that isnt going to dismiss the case first thing.
I also think if there isnt a penality wrote into it then it isnt likely enforceable. It's more or less a solid recommendation per the law.
Good luck.
It's still nice to say, the MSP isn't following the law
Thank you for finally agreeing
COMAR is administrative rules not laws, hence no penalties listed for rules.
If you want to look for penalties, you need to be looking in Maryland Annotated Code.
Peaceful demonstrations. It doesn't take a rocket scientist to figure out that peaceful demonstrations, when ignored, are usually followed by further pressures. Can't hurt to try imo.
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.
My personal thought is this was another failure or atleast failure of foresight by the PRO 2A community in MD. In 94 or whenever this garbaged passed someone in the PRO 2A community should have had the 7 day fail safe built in. At the time it would have been VERY easy to get through and would keep their feet to the fire. But atlas no one did and now we are where we are.
I didnt agree with anything.
I havent and care not to read all of COMAR to make an educated decision.
All I said was if what was posted was right there is nothing enforceable about them waiting and good luck finding anyone in the state that is willing to "charge someone" like was suggested.
Not sure how you got that I agree MSP is breaking a law they might be not following the rules at best. Laws have penalities....rules do not.
COMAR is administrative rules not laws, hence no penalties listed for rules.
If you want to look for penalties, you need to be looking in Maryland Annotated Code.
Where is he NOT violating subsection §5-129 by not conducting the background investigation by in accordance with §5-121?
§5-129 states:
(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.
If he fails to comply with §5-129 he has violated that section, has he not? If so, he's subject to be charged with a misdemeanor and subject to the penalties for failing to comply with the law. Is it a technicality, yes, but I don't care if it's a technicality. Charge the bastard... the law is technical. ON RECEIPT of the application HE SHALL CONDUCT A BACKGROUND INVESTIGATION AS REQUIRED BY §5-121. He is NOT doing it on RECEIPT and is in violation of the law.
Below is §5-129 in it's entirety:
§ 5-129. Same - Multiple purchases allowed.
(a) Requirements.- Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:
(1) the person applies for and the Secretary approves a multiple purchase; and
(2)(i) the purchase of the regulated firearms is for a private collection or a collector series;
(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;
(iii)1. the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee's discounted price available only for a multiple purchase; and(iv) the purchase is for other purposes similar to items (i) through (iii) of this item.
2. the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or
(b) Application.-
(1) The application for a multiple purchase shall:(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.
(i) list the regulated firearms to be purchased;(2) The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.
(ii) state the purpose of the purchase of more than one regulated firearm in a 30-day period;
(iii) be witnessed by a licensee or designated law enforcement agency; and
(iv) be signed under the penalty of perjury by the firearm applicant.
(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.
That penalty only applies to that section. It is going to be a legal stretch and very bad precedent to take penalties from one section and apply them to another section.
No, just charge him for violating that section... Don't try to extend it... He violated §5-129(c) which is punishable as laid out in §5-129(d). He did not conduct the investigation on receipt of the application, plain and simple.
Where is he NOT violating subsection §5-129 by not conducting the background investigation by in accordance with §5-121?
§5-129 states:
(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.
If he fails to comply with §5-129 he has violated that section, has he not? If so, he's subject to be charged with a misdemeanor and subject to the penalties for failing to comply with the law. Is it a technicality, yes, but I don't care if it's a technicality. Charge the bastard... the law is technical. ON RECEIPT of the application HE SHALL CONDUCT A BACKGROUND INVESTIGATION AS REQUIRED BY §5-121. He is NOT doing it on RECEIPT and is in violation of the law.
Below is §5-129 in it's entirety:
§ 5-129. Same - Multiple purchases allowed.
(a) Requirements.- Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:
(1) the person applies for and the Secretary approves a multiple purchase; and
(2)(i) the purchase of the regulated firearms is for a private collection or a collector series;
(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;
(iii)1. the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee's discounted price available only for a multiple purchase; and(iv) the purchase is for other purposes similar to items (i) through (iii) of this item.
2. the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or
(b) Application.-
(1) The application for a multiple purchase shall:(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.
(i) list the regulated firearms to be purchased;(2) The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.
(ii) state the purpose of the purchase of more than one regulated firearm in a 30-day period;
(iii) be witnessed by a licensee or designated law enforcement agency; and
(iv) be signed under the penalty of perjury by the firearm applicant.
(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.
At least they are consistent. SHALL means: whenever they find fit or if they ever want to...
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.
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 ***
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!?!?
Yes, it says "shall do", but where is the penalty written for failure to abide by the statute?
Good luck with that.
LOL at finding a Sheriff to charge them.
Even worst is finding a States Attorney that isnt going to dismiss the case first thing.
I also think if there isnt a penality wrote into it then it isnt likely enforceable. It's more or less a solid recommendation per the law.
Good luck.
I didnt agree with anything.
I havent and care not to read all of COMAR to make an educated decision.
All I said was if what was posted was right there is nothing enforceable about them waiting and good luck finding anyone in the state that is willing to "charge someone" like was suggested.
Not sure how you got that I agree MSP is breaking a law they might be not following the rules at best. Laws have penalities....rules do not.
My personal thought is this was another failure or atleast failure of foresight by the PRO 2A community in MD. In 94 or whenever this garbaged passed someone in the PRO 2A community should have had the 7 day fail safe built in. At the time it would have been VERY easy to get through and would keep their feet to the fire. But atlas no one did and now we are where we are.