HB0211 Public Safety - Handgun Permits - Qualifications

[dlmcbm]

still waiting on documents... http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=01&id=hb0211&tab=subject3&ys=2013RS

says its was introduced as HB1135 from last year. I think this is where they leave it up to MSP to decide training.

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=hb1135&stab=01&ys=2012RS

 

[MJD438]

IIRC, that is the one that Frosh completely rewrote in his last minute amendment push. It was a pro-2A bill before that timeframe.

 

[cantonglocker]

IIRC, that is the one that Frosh completely rewrote in his last minute amendment push. It was a pro-2A bill before that timeframe.

Frosh is a piece of garbage

 

[Mr H]

IIRC, that is the one that Frosh completely rewrote in his last minute amendment push. It was a pro-2A bill before that timeframe.

Not quite... Frosh tore up a LEO-related bill.

Here is the summary from 2012 HB1135

Prohibiting the Secretary of State Police from issuing a handgun permit to a person who the Secretary finds is prohibited from possessing a regulated firearm, is an illegal alien, has been discharged from the armed forces of the United States under dishonorable conditions, has a pending charge for a felony or a misdemeanor for which a sentence of imprisonment for more than 1 year may be imposed, or has not completed a firearms safety training course unless a specified ground for exemption applies; etc.

You can see why it died. It made sense.

 

[MJD438]

Thanks for the correction.

 

[dlmcbm]

and this is good

Subject to subsection (b) of this section, the Secretary shall issue a permit within [a reasonable time] 45 DAYS to a person who the Secretary finds:

If I read this right then it means that the online course is what you would need for the permit? Same one as to purchase a handgun. BUT they could change that at anytime as long as it is still free of charge.

(9) HAS COMPLETED A CERTIFIED FIREARMS SAFETY TRAINING COURSE THAT THE POLICE TRAINING COMMISSION CONDUCTS WITHOUT CHARGE OR THAT MEETS THE STANDARDS THAT THE POLICE TRAINING COMMISSION ESTABLISHES UNDER § 3–207 OF THIS ARTICLE, UNLESS A GROUND FOR EXEMPTION SET FORTH IN ITEMS (1) THROUGH (4) OF § 5–119 OF THIS TITLE APPLIES.

 

[zoostation]

I am guessing it's a pro-2A bill. Vitale is usually a friend to us IIRC.

 

[Mr H]

and this is good


If I read this right then it means that the online course is what you would need for the permit? Same one as to purchase a handgun. BUT they could change that at anytime as long as it is still free of charge.

That's from a different bill, isn't it? HB 38?

 

[dlmcbm]

That's from a different bill, isn't it? HB 38?

this is from HB1135 from 2012. HB0211 for 2013 says

Introduced in a prior session as: HB1135 Session: 2012 Regular Session

the actual bill documents are not available yet.

 

[Mooseman]

We are going to see a lot of gun bills this year. Some good, most bad.

 

[HarCo2ANewb]

From my read, this is pretty much the same thing as HB38 in that it gets rid of the G&S clause but with the added restrictions for mental health problems and an actual time limit for people to get a permit issued.


Mental health clause added, this section deals with possession only

[and has a history of violent behavior against the person or 15 another], WHICH MENTAL DISORDER SO SUBSTANTIALLY IMPAIRS THE MENTAL 16 OR EMOTIONAL FUNCTIONING OF THE PERSON AS TO MAKE CARE OR 17 TREATMENT NECESSARY OR ADVISABLE FOR THE WELFARE OF THE PERSON OR 18 FOR THE SAFETY OF THE PERSON OR PROPERTY OF ANOTHER

Here is the section about getting a carry permit, notice the added restrictions for illegals, dishonorably discharged, or currently on trial. Also, there is, IMHO, a far too open ended training requirement(including what sounds like a live fire lesson) in (9).

5–306. 26
(a) Subject to subsection (b) of this section, the Secretary shall issue a permit 27 within [a reasonable time] 45 DAYS to a person who the Secretary finds:
(1) is an adult;

(2) (i) has not been convicted of a felony or of a misdemeanor for 30 which a sentence of imprisonment for more than 1 year has been imposed; or
HOUSE BILL 211
(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);

(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

(4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; [and]

(5) IS NOT PROHIBITED FROM POSSESSING A REGULATED FIREARM UNDER § 5–133 OF THIS TITLE;

(6) IS NOT AN ILLEGAL ALIEN;

(7) HAS NOT BEEN DISHONORABLY DISCHARGED FROM THE ARMED FORCES OF THE UNITED STATES;

(8) DOES NOT HAVE A PENDING CHARGE FOR A FELONY OR A MISDEMEANOR FOR WHICH A SENTENCE OF IMPRISONMENT FOR MORE THAN 1 YEAR MAY BE IMPOSED;

(9) HAS COMPLETED A CERTIFIED FIREARMS SAFETY TRAINING COURSE THAT THE POLICE TRAINING COMMISSION CONDUCTS WITHOUT CHARGE OR THAT MEETS THE STANDARDS THAT THE POLICE TRAINING COMMISSION ESTABLISHES UNDER § 3–207 OF THIS ARTICLE AND A FIELD TRAINING COURSE OR TEST AT THE PERSON’S EXPENSE UNLESS A GROUND FOR EXEMPTION SET FORTH IN ITEMS (1) THROUGH (4) OF § 5–119 OF THIS TITLE APPLIES; AND

[(5)] (10) based on an investigation[: 23
(i)], has not exhibited a propensity for violence or instability that 24 may reasonably render the person’s possession of a handgun a danger to the person or 25 to another [; and 26
(ii) has good and substantial reason to wear, carry, or transport 27 a handgun, such as a finding that the permit is necessary as a reasonable precaution 28 against apprehended danger].

 

[-Z/28-]

So this is a good bill, yes?

 

[vwluv10338]

yes, she is on our side

 

[HarCo2ANewb]

So this is a good bill, yes?

Technically, I think yes, but picking between this and HB0038, I would take 38 because the training requirement is pretty well spelled out in that one.


HB0038 Text

HB0211 Text

Edit: and there are a lot of misdemeanors that can be charged with more than 365 days that would disqualify you for a permit (If the max penalty for a misdemeanor is >1 year and you are currently charged or if it is >2 years if convicted of it. Both numbers are the max charge, if you plea down to 6 months, you still cannot get a permit, IIRC, IANAL)

 

[X-Factor]

An open ended training bill is BAD. If there is a specific training requirement laid out then we can debate it's merits/faults, but not until.

 

[teratos]

I am guessing it's a pro-2A bill. Vitale is usually a friend to us IIRC.

yes, she is on our side

Very much so. She and her kids shoot.

 

[HarCo2ANewb]

An open ended training bill is BAD. If there is a specific training requirement laid out then we can debate it's merits/faults, but not until.

This is true, but I don't think I want to call this a bad bill, I would still be glad if it passed as I think there is more than enough good in it.

Very much so. She and her kids shoot.

Good to know

Maybe it is time for me to look into a name change?