O'MALLEY: WE MAP THE LOCATION OF GUN OWNERS AND CCW HOLDERS HOMES!

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  • novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    It seems to be a map of people ( who have protective orders against them and who own guns. )

    not people (who own guns) and people (who have protective orders against them)

    There is a big difference there. I think if they were mapping gun owners there would be a lot more dots, especially in the western part of the state.

    But that is not the main issue. The point is that there is a database of gun owners in MD they check the people with protective orders against.
     

    marte616

    God bless America...
    MDS Supporter
    Apr 15, 2008
    1,355
    Occupied Territory
    I understand what you are saying and the transcript backs up your assertion. But a person that was present at the conference heard differently-a side comment specifically about CCW holders's locations. I do not expect the Governor's office to print/post those comments in the transcripts online due to their potential for controversy.

    BTW, nice FBM device, DRM Sparks!!! I was in the James Madison, Blue Crew!
     

    SigMatt

    Ultimate Member
    Mar 17, 2007
    1,181
    Shores of the Bay, MD
    Also a violation of Federal law 18 USC 926(a) that specificially prohibits political entities and government agencies at any level from establishing a system of registration or licensing for firearms and firearms owners.

    Matt
     

    marte616

    God bless America...
    MDS Supporter
    Apr 15, 2008
    1,355
    Occupied Territory
    OK, someone needs to call NRA-ILA , GOA , etc....maybe their lawyers can request a FOIA and confront the Governator (oops, sorry, I thought this was Kalipornia!)!

    Not lazy...just can't do it myself....
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Yes there is- The Thiart Ammendment, which prohibits registration, sharing of ATF purchase data with local police for DATABASING purposes only!

    That is not whatthe Tiarht amendment does. What it does is not provide funding for running traces or supplying compiled past trace requests to a local agency unless it is for a crime that occured in that jurisdiction.

    There is nothing keeping states from keeping their own databasses and Point of Contact (POC) states that do their own background checks for purchases are capable of keeping such records. The fed law only applies to the ATF and FFL's federal records as I understand it.

    But like I said in my other post, if MD is using the fed records of non-regulated firearms purchasers at the MD regulated dealers, then that is an invasion of privacy beyond state law about keeping such records and is one of those state police spying deals that is likely not enumerated in state law.
     

    Drmsparks

    Old School Rifleman
    Jun 26, 2007
    8,441
    PG county
    But that is not the main issue. The point is that there is a database of gun owners in MD they check the people with protective orders against.


    Is there? or does the question of firearms ownership come up in the protective order hearing and flagged from there.

    The answer? We Do Not Know.

    Trust me, I'd love to catch MSP illegally tracking firearms owners: combined with their earlier surveillance of peace activists as terrorists they would be about done in this state.

    It's important to get our facts right. We know the other side won't.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Also a violation of Federal law 18 USC 926(a) that specificially prohibits political entities and government agencies at any level from establishing a system of registration or licensing for firearms and firearms owners.

    Matt
    That is a restriction on the fed government alone saying the fed government cannot keep the records or have registration and cannot use state property even to store the info. It does not keep states from doing so.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Is there? or does the question of firearms ownership come up in the protective order hearing and flagged from there.

    The answer? We Do Not Know.

    Trust me, I'd love to catch MSP illegally tracking firearms owners: combined with their earlier surveillance of peace activists as terrorists they would be about done in this state.

    It's important to get our facts right. We know the other side won't.

    There is a state law mandating there be recordation of regulated firearms sales and there is a database of MD regulated firearms owners they keep. I have been told this by police officers, but I forget the name of the system. Maybe I will google it.

    What we don't know is if they are alwo keeping non-regulated owner's information or if they are tracking gun owners when they move.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    There is a state law mandating there be recordation of regulated firearms sales and there is a database of MD regulated firearms owners they keep. I have been told this by police officers, but I forget the name of the system. Maybe I will google it.

    What we don't know is if they are alwo keeping non-regulated owner's information or if they are tracking gun owners when they move.

    This is what I found, The MAFSS is the Maryland Automated Firearm Services System which is the database to make sure that MD regulated firearms dealer's sales were properly entered into the system and to make sure the background chekcs were done on MD regulated firearms transfers. The state police agents that "audit" MD regulated firearms dealers cannot demand to see the bound books, but they can "request" to.....and I guess they get a lot of yes responses from the dealers because the dealers don't want trouble from the MSP.

    The Department does not concur with this finding, however, it agrees with the
    recommendations. The Maryland State Police Licensing Division has limited statutory
    authority regarding quality control checks (audits) of firearms dealers. Under Public
    Safety Title 5, Firearms, Subtitle 113, the Department of State Police (DSP) is only
    permitted to conduct the following examinations during dealer audits: 1) a check of the
    dealer’s license to ensure that the license is conspicuously displayed; 2) that the license
    identifies the licensee and the location of the licensee’s place of business. This was an
    initiative that MSP launched subsequent to the 1996 Gun Violence Act which enhanced
    the Maryland regulated firearms program but did not include auditing provisions.
    In compliance with COMAR and Public Safety Title 5, the DSP Licensing
    Division created a dealer audit form which captures the above sections for notation
    resulting in a quality compliance review. During a dealer review, the business name,
    location, licensee’s name, regulated firearms dealer number, display of the State of
    Maryland license, the federal firearms license, the trader’s license and the Maryland tax
    license are verified. A quality review of the firearms applications occurs, comparing the
    dealer’s firearm applications against the data DSP entered into the Maryland Automated
    Firearms Services Section (MAFSS) noting compliance with DSP’s limited authority as
    outlined in Title 5 and COMAR An inventory of the dealer’s regulated firearms is also
    conducted. All three of these sections are captured on the MSP Form 20-1 (Maryland
    State Police Firearms Enforcement Division Dealer Audit Unit Compliance Inspection
    Report).
    According to the Federal Bureau of Alcohol, Tobacco and Firearms, only an ATF
    officer is permitted to have right of entry and examination of a firearms dealer’s records
    or documents, ammunition, inventory of firearms, and any firearms curios or relics or
    ammunition kept or stored by any licensed collector at the dealer’s premises. DSP does
    not have this administrative or statutory authority.
    There is a fundamental misunderstanding regarding audits of firearms dealers.
    The DSP has no statutory authority to conduct what the DLS auditors are suggesting the
    DSP should be doing. DSP works closely and in cooperation with the ATF criminal
    enforcement officers and administrative regulators to help ensure that there are no rogue
    dealers in Maryland. The ATF has long had primary responsibility for such complete
    compliance audits. Maryland’s program is geared towards reducing gun violence. DSP
    does have some oversight that includes the proper processing of 77R’s to ensure that the
    forms are complete and accurate and submitted in timely fashion and properly processed,
    but the DSP does not have statutory authority to conduct the compliance inspections that
    the DLS auditors are recommending. The DSP, as a matter of policy, does request to see
    every guns dealer’s records on a voluntary basis.
    This practice will continue and should
    address one of the DLS recommendations, although absent specific legal authority, DSP
    cannot mandate this as suggested by DLS.
    http://www.ola.state.md.us/Reports/Fiscal Compliance/Police07.pdf

    I also found this:
    10. What checks are available to law enforcement to help us determine what firearms a respondent
    might possess?
    The Maryland Automated Firearms Services System can be queried through any dispatch center that has
    access to a MILES terminal. This computer check will give officers a good starting point in trying to
    determine what firearms a person may have. However, the computer system has discrepancies and by itself
    cannot be used as probable cause.
    http://www.mdle.net/fig.pdf
     

    SigMatt

    Ultimate Member
    Mar 17, 2007
    1,181
    Shores of the Bay, MD
    That is a restriction on the fed government alone saying the fed government cannot keep the records or have registration and cannot use state property even to store the info. It does not keep states from doing so.

    No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

    I read it differently, novus. It says to me that it is illegal for Federal purchase records to be turned over to any government or political entity. That implies that the MSP cannot walk into a Maryland FFL, copy their 4473s and build a list of gun owners. Agreed on the regulated firearms issue since that is State level but even then I would argue that it could run afoul of this.

    Considering that this provision of FOPA'86 has never been put to the test, it remains little more than a discussion point but it seems clear to me the intention of the act is to prevent the Government, at all levels, from establishing registries.

    I'd love a 2A lawyer's opinion on an interpretation of this section. What's the point of a Federal law that applies to everyone against the Feds establishing a registry if individual states can violate it at will or even in collusion with each other (wink-and-nod) to fundamentally do the same thing the law prohibits? End result is the same whether done once at the Federal level or 50 times individually across each state.

    Matt
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

    I read it differently, novus. It says to me that it is illegal for Federal purchase records to be turned over to any government or political entity. That implies that the MSP cannot walk into a Maryland FFL, copy their 4473s and build a list of gun owners. Agreed on the regulated firearms issue since that is State level but even then I would argue that it could run afoul of this.

    Considering that this provision of FOPA'86 has never been put to the test, it remains little more than a discussion point but it seems clear to me the intention of the act is to prevent the Government, at all levels, from establishing registries.

    I'd love a 2A lawyer's opinion on an interpretation of this section. What's the point of a Federal law that applies to everyone against the Feds establishing a registry if individual states can violate it at will or even in collusion with each other (wink-and-nod) to fundamentally do the same thing the law prohibits? End result is the same whether done once at the Federal level or 50 times individually across each state.

    Matt

    (a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—
    (1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;
    (2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and
    (3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.
    No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
    The restriction applies only to the feds and the US Attorney General as I read it.
     

    wlc

    Ultimate Member
    Nov 13, 2006
    3,521
    I think the slide is worded poorly

    It really is showing individuals with protective orders that own guns.

    There is no way that map is showing all gun owners in the state. Though I do not doubt they are tracking that.
     

    Todd v.

    Ultimate Member
    Nov 30, 2008
    7,921
    South Carolina
    My guess would be that this protects the records held by gun stores but does not prevent MD from gathereing it's own records based of the sale of regulated firearms. When you buy one there is federal paperwork that goes to the ATF and paperwork that goes to the state of MD. The state of MD can keep their paperwork but they can't go and grab it from the gun stores or the ATF. Also, they would have no record of non regulated firearms as there is no state paperwork with the purchase... If they do then there is a problem.

    Someone who buys a regulated firearm outside of MD and moves here with it should technically be off their books as well.
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,285
    I don't see me on that map... No way that particular map has all gun owners on it.

    doesn't mean they aren't doing it, but that map is not all gun owners
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    My guess would be that, that protects the records held by gun stores but does not prevent MD from gathereing it's own records based of the sale of regulated firearms. When you buy one there is federal paperwork that goes to the ATF and paperwork that goes to the state of MD. The state of MD can keep their paperwork but they can't go and grab it from the gun stores or the ATF. Also, they would have no record of non regulated firearms as there is no state paperwork with the purchase... If they do then there is a problem.
    The possible problem is though that MD regulated dealers also sell non-regulated and if the state police "requests" (:rolleyes:) to see their books and record those purchases too, then there is nothing to keep them from putting them in the database too as I see it.

    Someone who buys a regulated firearm outside of MD and moves here with it should technically be off their books as well.
    You would think....but there is nothing to keep states from sharing this private information with other states, so if someone moves here from New York, or from MD to NY, then they may be on a computer database somewhere as owning a handgun already and the state may put you "as a pin on a map" as being a potential gun owner as far as we know.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I don't see me on that map... No way that particular map has all gun owners on it.

    doesn't mean they aren't doing it, but that map is not all gun owners

    If I am on their map then they need to update it....all my guns fell overboard on a fateful boating trip on the Bay and I am no longer a gun owner.
     

    Spot77

    Ultimate Member
    May 8, 2005
    11,591
    Anne Arundel County
    It seems to be a map of people ( who have protective orders against them and who own guns. )

    not people (who own guns) and people (who have protective orders against them)

    There is a big difference there. I think if they were mapping gun owners there would be a lot more dots, especially in the western part of the state.


    Perhaps, but it's just posturing. You'd be surprised at how few domestic violence murders were committed with a firearm in Md for the past few years. I can't recall the number, but I heard it at last week's hearing and I'm pretty sure everybody in the room was surprised at how few there were compared to beating deaths and stabbings.

    Time for a little :sarcasm:
    When will they create the database of people who have protective orders against them and own knives, softball bats, tools, etc.

    And since most domestic murders occur when alcohol is involved, why not make respondents of P.O.'s take a sobriety test every morning? Hell let's put the interlock system on their cars so they can't get drunk then drive over to their spouse/partner's place for a good game of slap-around?

    No wait, even better, let's implant a GPS tracker in them that alerts the police when they come within 4 miles of the accuser! 4 miles should be a reasonable distance to allow police officers enough time to respond.



    Ok, now I have the REAL answer....if there's enough evidence that the respondent to a protective order is dangerous, why don't we just charge him/her and lock him or her up?
     

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