State Police In-Person/Phone Interview Encounters

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Would the asking of what presciption medications you are taking a violation of the HIPAA Privacy and Security Rule?

    No, you are free to give that information. HIPAA just binds healthcare workers/facilities from giving out that information without the proper permission.
     

    JMangle

    Handsome Engineer
    May 11, 2008
    816
    Mississippi
    Just got called by the state police regarding my permit.

    Sgt (didn't catch name). The call was extremely short and formal -- basically just asked questions and I answered them. I didn't feel like there was any benefit to rambling on or elaborating, so I gave him "just the facts."

    Asked:

    -- date of birth
    -- employer
    -- length of employment
    -- registered weapons collector (yes)
    -- any other carry permits (FL and VA)
    -- how many wespons do you own (not sure, about 4 regulated)
    -- he asked any others (I did my best to list the ones that popped to mind, but I really don't know unless I lay 'em out and count.)
    -- ever been arrested (nope)
    -- comsumption of alcohol (asked frequently/socially/rarely, I said rarely)
    -- ever been to shrink (no)
    -- single/married/divorced (single)

    I think that's about it.

    Then said (nearly direct quote):

    "We are processing applications at this time, but we are closely watching the court and are awaiting a ruling."


    And forgive any typos, I'm sick as anything and trying to get the info down before I forget it.

    (I posted this in 3 relevant threads, so please don't hate on the repetition.)
     

    DOsniper

    Active Member
    Mar 4, 2011
    326
    Monkton, MD
    :sign06: Guys, we are wondering off topic. If you have a question or comment regarding your interview please post it accordingly, if not leave the open-ended questions for the water cooler if possible or another thread. Thanks
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,650
    Sparks, MD
    5.) The basics, "have you ever been/done/do..." drugs, alcohol, arrested, assault, etc, etc

    No one has mentioned it; but HERE is an interesting question. Putting aside that the use of drugs is at best unwise, and at worst dangerous, it seems to me that requiring you to answer if you had ever done (illegal) drugs would fall under the fifth amendment protection against self incrimination. Ok, sure, this isn't a criminal case; but admitting any illegal act I'm certain can be used against you.

    So, assuming you are a good and moral person who put your nefarious pot habit away in the distant past, you can answer...

    1. "Yes, I used pot/speed/[insert drug of choice] in the past" and risk outright denial, further digging into your past, or conceivably (if unlikely) criminal charges.
    2. Lie and say no and risk whatever penalties come from lying to the police (I'm assuming this isn't done under oath so is therefor not perjury; but maybe I'm wrong).
    3. Refuse to answer and risk pissing off the interviewer.

    From the point of view of legal jeopardy, number 3 would probably be wisest. However, I have a feeling that would not be looked upon fondly by the interviewer.

    (For those of you who have somehow avoided the stupid, irresponsible, rebellious stage of growing up, congratulations. I'm sure it makes answering questions like this much easier).

    I guess I feel these are "gotcha" questions. Most people have done stupid and ill-advised things in their past. Most people eventually grow up into responsible adults.

    V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    {I think this is more or less on-topic. If, because it is not from an actual personal interview, it is not, send a PM and I will edit it into non-existence}
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    The bigquestion is did the interviewer write down or record any information
    you gave him.??
    1.) All my demographic data
    2.) Why I want a permit
    3.) Employment info
    4.) If granted a permit, do I have a gun I would carry or do I plan to purchase one for carry/conceal use
    5.) The basics, "have you ever been/done/do..." drugs, alcohol, arrested, assault, etc, etc
    6.) Have you had a handgun training class (forgot to mention that one)

    and the real winner....
    7.) What prescription medications are you on and what for? Followed by, "These meds don't bar you from a permit, HOWEVER, you need a doctor's note to say you are good guy and these meds won't affect you from carrying a gun."
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    I'm going to backpedal on what I said previously about not writing letters for people I have on anti-depressants. I was discussing this issue with my partners, as it may be something we see. The letter can actually easily be written in a way that I protect myself.


    Dear State Police,

    Mr. Mayhoffer is under my care. He has never exhibited any behavior in my office which would cause me concern should he be permitted to carry a handgun. Please contact me if you have any questions.

    Dr. Teratos

    It is true, and in no way indicates that I have any knowledge of how you act outside of my office.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,970
    No one has mentioned it; but HERE is an interesting question. Putting aside that the use of drugs is at best unwise, and at worst dangerous, it seems to me that requiring you to answer if you had ever done (illegal) drugs would fall under the fifth amendment protection against self incrimination. Ok, sure, this isn't a criminal case; but admitting any illegal act I'm certain can be used against you.

    So, assuming you are a good and moral person who put your nefarious pot habit away in the distant past, you can answer...

    1. "Yes, I used pot/speed/[insert drug of choice] in the past" and risk outright denial, further digging into your past, or conceivably (if unlikely) criminal charges.
    2. Lie and say no and risk whatever penalties come from lying to the police (I'm assuming this isn't done under oath so is therefor not perjury; but maybe I'm wrong).
    3. Refuse to answer and risk pissing off the interviewer.

    From the point of view of legal jeopardy, number 3 would probably be wisest. However, I have a feeling that would not be looked upon fondly by the interviewer.

    (For those of you who have somehow avoided the stupid, irresponsible, rebellious stage of growing up, congratulations. I'm sure it makes answering questions like this much easier).

    I guess I feel these are "gotcha" questions. Most people have done stupid and ill-advised things in their past. Most people eventually grow up into responsible adults.



    {I think this is more or less on-topic. If, because it is not from an actual personal interview, it is not, send a PM and I will edit it into non-existence}

    I'd be tempted to just offer to piss in a pot for them.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,970
    You think I should run for office?
     

    Safetech

    I open big metal boxes
    May 28, 2011
    4,454
    Dundock
    Does anyone know if they ask married women who apply, to speak with their husband, and ask about HER and any about domestic violence or if he feels uncomfortable with them having a gun in the house.
    :rolleyes:


    (Maybe a few days a month on the latter.)
    :innocent0
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    The asking about the guns you own (how many, which ones, etc) worries me, as does the "what meds are you on" line of questioning.

    I would agree that the way that the law is written right now (assuming that Legg clarifies and orders 5ii stricken) those are actually illegal lines of inquiry, as the carry law doesn't address them at all, and just says:

    The Secretary of State Police shall, pursuant to Annotated Code of Maryland, Public Safety Code Ann. §5-306, Qualifications for Permit, issue a permit to a person who the Secretary finds:

    1. Is an adult (18 years of age or older);

    2. has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than one (1) year has been imposed;

    3. has not been convicted of 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. based on an investigation; has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another;
     

    dlmcbm

    Ultimate Member
    Mar 5, 2011
    1,207
    Sabillasville, Md.
    The asking about the guns you own (how many, which ones, etc) worries me, as does the "what meds are you on" line of questioning.

    I would agree that the way that the law is written right now (assuming that Legg clarifies and orders 5ii stricken) those are actually illegal lines of inquiry, as the carry law doesn't address them at all, and just says:

    I do believe they they could under 5(i) for meds. Maybe if you were on some med that would make you flip out. I don't see any reason to ask about your guns. I was ask if I had a gun that I was going to use for CC or was I going to make a purchase. My answer was to purchase.

    (5) based on an investigation:



    (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,323
    Carroll County
    I read that "being interested in, or knowledgeable about guns" is a disqualifier for the English Firearms Police ( those police authorized to use guns.) . It seems they figure if you're interested in guns, you must be a psycho nut job.

    If the British consider an interest in guns to be a sign of "a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another", then perhaps the MSP can try to make the same claim.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    I can tell you guys this as far as doctor's notes. Back in my former career one of my jobs was approving returns of firearms to owners out of the property room. You know, guns that had come in for whatever reason, and the owners were reclaiming them. Every now and then we would get someone who had a history that met the legal conditions where they would need a note to legally possess a firearm (note I said their history met the legal conditions where we had to ask for it, we didn't ask just to be pricks about it). Anyway, there are doctors out there who will sign them, more than you might think. However, I think that the first time something makes the news where something bad involving a firearm and a doctor's clearance happens anywhere in the country and a doctor gets a finger pointed at them (rightly or wrongly), you will see that pool dry up very fast.

    You guys are just getting a taste of what is to come if HB618 gets out of the Senate Judiciary Committee. The sponsor was down at the hearing yesterday trying to whip up the fear and talking about now because of Wollard the state needs to be even more "careful" about mental health histories and who can buy a firearm. Fast forward to what they already have in New Jersey just to buy a handgun. Where the police can not only require a note, but they can and sometimes do get a purchaser's actual records as well, with all of their most personal little details and thoughts written down for the investigating agency's reading pleasure. If you don't like what's happening so far, baby you ain't seen nothing yet if HB618 gets approved.
     

    Ruzo

    Ultimate Member
    Mar 12, 2011
    1,594
    Phoenix, MD.
    I have a question. I sent in my App on March 10th and haven't heard any thing yet. How are you guys getting a reply so Fast??
     

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