I got a DENIED from my notary

[CypherPunk]

Incorrect. Anyone can become a notary.

FALSE

 

[sygata]

BTW, I really think this whole idea with trying to prove you had it before Oct 1 is sort of weird. Don't get me wrong, I am doing something similar, like emailing pictures to myself.
Imagine picture of a black lower with no identification marks... Or lets say with your self made identification mark, like a serial number, that you put on it yourself.
I guess, it proves that I had one on a certain date. I don't think though, that it proves that firearm in question (because the only way you will need the prove is if there is a question about a particular firearm) is the one on the picture.

 

[fabsroman]

The UPS store near me wouldn't ship a barrel (just the barrel...a tube of steel) because it was a "gun part." Worst part....the owner/manager was not only gun owner, but showed me his MD CCW in the course of our discussion. He said it wasn't his choice...I've later learned that isn't really the case.

UPS has been dropping off gun parts left and right to my house, along with ammo too. The owner must have been a moron of the 10th degree.

 

[Shamr0ck]

...... Make sure you get the impressed seal.

Can you pls explain why the impressed seal? The past several documents I've had notarized have all been stamps. Some used red ink, some black and I imagine they photocopy/scan better, but were no less valid. Curious about the assertion and whether the stamped documents are less valid as a result. Thx





---
Shamr0ck

 

[6-Pack]

Please cite any specific Maryland statute or regulation, or any formal or informal guidance issued to notaries by the Secretary of State, to support the claim that "a notary cannot refuse to notarize a properly presented document." I would be interested to see any such guidance, but I believe it unlikely that you will find any. Until and unless it is produced, I will reiterate what I wrote above, which is that I believe a notary public is under no obligation to sign any document.

Our local branch bank has a policy that their notaries will not sign any Power of Attorney form. I found this inconvenient, but I recall nothing in the regulations on or guidance to notaries that says they cannot have such a policy. When an NP signs a document, he or she retains a record of the act in his bound book, and there is always a possibility that he will be called to testify regarding the authenticity of the document in some later proceeding. I believe that a notary may, at his sole discretion, for reasons good or bad, simply determine that there certain types of matters in which he does not wish to risk later entanglement.

http://www.sos.state.md.us/notary/NotaryManual.pdf

Page 23, #57

A notary may be removed from office for "nonfeasance" (aka "not performing official duties when lawfully requested").

Just because there is a bank policy in place and "it has been like that forever" doesn't mean it's right. I love threatening to sue banks when they try not to accept a power of attorney under the Uniform Power of Attorney Act.

Also, notaries don't vouch for authenticity. They administer the oath and veriy the identity of the signor. An unauthentic document can still be properly notarized.

 

[ddeanjohnson]

http://www.sos.state.md.us/notary/NotaryManual.pdf

Page 23, #57

A notary may be removed from office for "nonfeasance" (aka "not performing official duties when lawfully requested").

I am familiar with the notary manual, including the statement that penalties may be assessed for "Misconduct (malfeasance, misfeasance, nonfeasance) in office by improperly performing duties imposed by law." You have quoted one definition of "nonfeasance" (what you quote is not in the manual), and a legal dictionary I consulted has a similar definition, "intentional failure to perform a required duty or obligation." These definitions merely beg the question, which is whether in fact notarizing every document set before him by someone with identification is among "duties imposed by law" or "a required duty" for a notary. If your position is correct, then his refusal is nonfeasance -- but you've as yet produced no evidence that it is a required duty.

I am perfectly happy to see any actual evidence that such action (or inaction), per se, is regarded as punishable nonfeasance by the Maryland Secretary of State's office, but so far not one whit of authority for that proposition has been produced by anyone in this thread. I would bet lunch that the Secretary of State, if queried, would affirm that the notary in this case was within his rights.

http://www.sos.state.md.us/notary/NotaryManual.pdf

Just because there is a bank policy in place and "it has been like that forever" doesn't mean it's right. I love threatening to sue banks when they try not to accept a power of attorney under the Uniform Power of Attorney Act.

I have had similar discussions with entities that are reluctant to accept a valid Durable Power of Attorney. They generally cooperate once the law is explained to them. However, this tells us nothing about whether the bank may have a policy of declining to notarize Power of Attorney forms in the first place.

Also, notaries don't vouch for authenticity. They administer the oath and veriy the identity of the signor. An unauthentic document can still be properly notarized.

I agree; I made this point in my first post in this thread.

 

[jcarpenter]

You know, I've been reading the 2A stuff on the forum with the foolishness and paranoia on both sides (mostly them), and you...could...not...make...this...stuff...up.

John C

 

[fabsroman]

Can you pls explain why the impressed seal? The past several documents I've had notarized have all been stamps. Some used red ink, some black and I imagine they photocopy/scan better, but were no less valid. Curious about the assertion and whether the stamped documents are less valid as a result. Thx





---
Shamr0ck

The stamp works just fine. Just a heck of a lot easier to determine what is and is not a copy when there is a raised seal. I sign everything in blue so I can tell the difference between a copy and original without using a microscope.

 

[ddeanjohnson]

Can you pls explain why the impressed seal? The past several documents I've had notarized have all been stamps. Some used red ink, some black and I imagine they photocopy/scan better, but were no less valid. Curious about the assertion and whether the stamped documents are less valid as a result. Thx---
Shamr0ck

As fabsroman has already pointed out, either form of the notary seal is equally valid -- made with embrosser (which makes the raised impression), or a rubber stamp that makes an ink impression. The point I was trying to make, but made without sufficient clarity, is to be sure that the notary does not merely use his "my commission expires on" stamp, sign the document, and give it back to you without remembering to also put his seal of office on it.

 

[Marksman]

You need a notory with a brain. Maybe take a trip to OZ.

 

[molonlabe]

I have several M68 and M80 carbines that I took pictures of and went to the Ship and Copy and got it done. There was even an officer in there at the time.

 

[fabsroman]

Anybody happen to be a notary in the Ellicott City area that is willing to notarize an affidavit for me on Sunday? I am willing to drive an hour each way to get this done and willing to come to your place or meet you at a Starbuck, restaurant, or wherever you prefer. Don't really want to have to rely on my bank on Monday.

For those of you that need a notary in this area, I'll notarize a document for you for free.

 

[rmiddle]

You guys are ridiculous. In order to save a few bucks, you're gonna go through some sort of poor man's whatever instead of just asking me as some folks have suggested. I am doing affidavits for a fee of $50 for the first gun and $10 for every gun thereafter. Its a steal by legal fee standards and a hell of a better solution than taking a picture of yourself holding a newspaper and the gun.

If I had any that I felt needed documentation that is how I would be doing it.

Thanks
Robert

 

[skinsfan]

are the pictures really needed with the notary idea??...it seems to me that if you state on paper that you own such and such rifle with such and such serial # prior to oct 1st...list them clearly and have it notorized that the pics would not be needed...pics can be fudged but you wouldn't be able to create false serial #'s after the fact....scott

 

[JettaRed]

Maybe you didn't word it correctly. They are just affirming your signature. you want to have a statement along with your pictures regarding your ownership as of a specified date. You then sign that document in front of them and they are merely affirming your signature, not whether or not your statement is true or even has any merit.

^^^^^Correct.

Notaries aren't witnesses to the content or subject of what you are signing, only that you are signing it.

 

[Jim Sr]

^^^^^Correct.

Notaries aren't witnesses to the content or subject of what you are signing, only that you are signing it.

you are signing it, on this date!

 

[Yoboney]

I completed an AR15 80% lower recently and assembled an AR15. In an effort to document the build before 1 Oct I took pictures of the weapon and went to the UPS store in Westminster to get a notary to sign the paper on which I had printed the pictures of the finished gun and lower. The notary refused to perform the service. He said he was not comfortable with the situation and would not risk his stamp on something with respect to weapons. He was happy to write down his reasons and sign the paper on which he wrote the reasons.

So how do I document my AR15 build before 1 Oct?

John C

Technically the notary is only verifying your identity and signature. Nothing else.

 

[Sharpeneddark]

That would have been where I would have gone for notary services (for, say, MD DC letter).

Thanks for the warning that I may have to find another notary.

I got my MD DC letter done at the UPS store in Ellicott City (on route 40). They asked me for my ID, asked me to sign a log of theirs, verified I signed it and and asked for a few dollars to pay for the service. I was in and out in less than 5 minutes.

 

[a1911guy]

Incorrect. Anyone can become a notary.

FALSE

Dang it, may parents told me I could do anything if I put my mind to it!

 

[gungate]

I use the stamp and the embossed press. You can use one or the other but people like the embossing. But my stamp has my commission expiration date on it where the embossing stamp does not.