House Hears HPRB Repeal Bill Today!

[MJD438]

Are we playing the long game or short game here. If what I highlighted in bold above is actually how it goes, wouldn't that be what we want?

Also, if the HPRB is removed, the applicant will still be able to appeal the MSP decision to the Office of Administrative Hearings ("OAH") which hears appeals from administrative agency decisions, like MVA license suspensions for DUI matters. After the OAH, applicants would get another appeal to the Circuit Court in Baltimore County. Am I missing something regarding the process should the HPRB go away?

The OAH focuses on administrivia not statutory issues and is specifically charged with giving deference to the administrative agency. In other words, did the MSP LD follow their rules when they applied their decision?

Once through the OAH, the Circuit is then limited to reviewing whether the OAH did their job correctly, IIRC. It's a circle jerk of epic proportions.

 

[rseymorejr]

Also, if the HPRB is removed, the applicant will still be able to appeal the MSP decision to the Office of Administrative Hearings ("OAH") which hears appeals from administrative agency decisions, like MVA license suspensions for DUI matters. After the OAH, applicants would get another appeal to the Circuit Court in Baltimore County. Am I missing something regarding the process should the HPRB go away?

Not everyone can afford to hire an attorney to represent them at these hearings, just trying to exercise a basic human right.

 

[Stoveman]

The OAH focuses on administrivia not statutory issues and is specifically charged with giving deference to the administrative agency. In other words, did the MSP LD follow their rules when they applied their decision?

Once through the OAH, the Circuit is then limited to reviewing whether the OAH did their job correctly, IIRC. It's a circle jerk of epic proportions.

This. As we have seen with the first batch of cases, the OAH doesn't even know whose burden it is the prove that restrictions enhance public safety.

Not everyone can afford to hire an attorney to represent them at these hearings, just trying to exercise a basic human right.

And this.

 

[TexDefender]

Are we playing the long game or short game here? I say we're playing the game. Could removing the HPRB further restrict that Constitutional right and much more quickly force Maryland down the road DC has gone to Shall Issue? Doubt it, as depends on a whole lot of things that are and are not in our control. Right now, Maryland could be making a mistake. I believe it was Napoleon Bonaparte, once said "Never interrupt your enemy when he is making a mistake."

As a citizen I really don't care for this proposal. I believe it is an attempt by the left to swing things in their favor in the long term. Just like getting rid of the Electoral College , opening admitting to gerrymandering to prevent republicans from winning seats in the MGA and packing the Supreme Court. When things are not going their way they move to change the playing field. This bill being an emergency is again another example. We have nothing to lose if we protest, but is it fair to those individuals that are at that stage? I think anytime you weaken civilian over-site you're are asking for trouble. I personally, could go out and get me my Federal LEO Carry License. But I haven't yet. Because I don't think it is fair.

 

[PowPow]

The left says, "If keeping a handgun out of the hands of one person for any reason could save one life, the bill is worth it." This is the type of people who are in the majority in the General Assembly. That is who we're playing the game against. They know, however, that the game is going our way all across the country. They want to make us squirm as much as possible. It's like a temper tantrum. Truly it is. The HPRB repeal has no useful purpose to anyone other than political temper tantrum payback.

 

[Deep Lurker]

Mike - (re: post #21)

A Senior Delegate on HJC just approached me to discuss SB 1000; the Delegate wanted to know the difference in cost associated with going into the HPRB as compared to the expense and difficulty in going to the ALJ.

I explained what I knew to the Delegate, and then told the Delegate that I had just read your post, so I pulled it up and we read it together.

Knowing look.

You have impeccable timing. Keep posting.

 

[Blackbeard]

My point is they are so uneducated on the process that they don’t understand that it is harder to get an unrestricted permit with the HPRB in place than it would be with Shall Issue.

Yes it will be much more difficult and costly under the MSP/OAH/court appeal, but my bet is that by restricting it even further and to that extent, they will push it to the point where it is legally challenged and eventually overturned like DC.

Short of Shall Issue, I would rather see them do away with the HPRB and OAH appeal and require higher levels of training and education to get an unrestricted permit.

 

[Deep Lurker]

Hearing is underway.

SB 1000 is up now.

 

[Stoveman]

Only audio at this point.



ETA: Video working now.

 

[Stoveman]

No, Sen Beidle, all the OAH hearings will be in Hunt Valley.

 

[Stoveman]

She doesn't even understand the question.

 

[Stoveman]

Pippy should have followed up. Beidle is wrong again on the number of cases heard.

 

[Derek]

Deep Lurker rubbin' shoulders with Senator Bailey!

 

[Stoveman]

The board members testified during the HB that MSP is only allowing 14 cases per hearing.

 

[Derek]

Go Malone!

 

[Derek]

YEAH! Rub it in, Chris!

 

[Stoveman]

Now she's just lying.

 

[Derek]

I wish I could see Atterbeary's eyes rolling....

 

[Stoveman]

Cox is en fuego!

 

[TexDefender]

She is in a corner and she knows it!! LOL She has no data!