Maryland CCW Application via MDSP Portal

[BurkeM]

Discussed at length in another thread.

With the prerequisites it's likely the long way around. Before taking Pistol Instructor, one must take Pistol and BIT

Basic Pistol and BIT are run as one 16 hour class. That’s how most Training Coaches do it, including this weekend.

Please check the NRA Instructor page.

 

[beetles]

NY gov just said she doesn’t need number or data points to prove that lawful owners contribute to gun violence , what joke we are living


Sent from my iPhone using Tapatalk

Claims made without evidence may be dismissed without evidence.

 

[Brute]

For everyone's edification:

Sgt. Pickle stated in the Zoom meeting that the MSP LD is processing applications that include G&S as usual, as these are unaffected under current MD State law (which they are sworn to follow, BTW).

They are holding applications without G&S until Herr Frosh issues "guidance" on how to proceed.

He OPINED that the guidance would be to drop the G&S requirement and follow all the rest as prescribed by law until the MGA could write amended or new laws. Note that this is his PERSONAL OPINION only, but he hinted several times that he is privy to off-the-record deliberative discussions that are NOT public. THIS IS IN NO WAY OFFICIAL AG OR MSP POLICY, JUST SCUTTLEBUTT RIGHT NOW.

Take that for what you will and act accordingly. Any way you slice it there will be a tremendous backlog of "non-G&S applications" to be processed once the guidance is issued. Logic dictates that these will be dealt with concurrently with "current legally-compliant applications" processing, so expect delays, long delays and absurdly long delays as their resources are strained to the max and more, because there will most probably be two processing streams in the LD.

And remember the last time there was a logjam like this, a variety of competent and semi-competent outside resources were brought in to process the backlogged stuff with leaks, lawsuits and breakdowns as a result.

There were times when I really thought he was kind of giving a wink and a nod but had to say what he said out loud. They know how it's going to play out, they consider their hands tied until it comes down the chain (rightfully or not).

 

[BeoBill]

There were times when I really thought he was kind of giving a wink and a nod but had to say what he said out loud. They know how it's going to play out, they consider their hands tied until it comes down the chain (rightfully or not).

I got that impression too. But I'm not willing to bet my time and hundreds of dollars on it. I'll stand pat for now, thank you.

 

[tjaw]

We've waited so long, and now have an outstanding, clearly articulated decision by SCOTUS. Our right to defend ourselves does not end at our doorstep.

We are so close to "shall issue" in MD. MD will drag its feet, but will eventually have to comply. I strongly suggest waiting a while longer to properly acquire a carry permit. We still need a MD Wear & Carry permit on our person. Brandishing a copy of the Constitution or pdf of Bruen will mean nothing as you surrender your gun and get arrested. Then you will have a criminal record and prohibited from acquiring a carry permit.

Just a lil' more patience.

 

[Allen65]

By all means- call the Baltimore office of the FBI and report your concerns. You’ll need to cite exactly which law that the Attorney General and State Police are violating.

Don’t expect them to raid Frosh’s home and office, or to round up Superintendent Jones and First Sgt Pickle for any of the allegations above.

I never said there was a credible allegation or reasonable basis for an 1811 to open a case file in this instance, I was responding to the overbroad, generalized statement that was made.

 

[BurkeM]

I never said there was a credible allegation or reasonable basis for an 1811 to open a case file in this instance, I was responding to the overbroad, generalized statement that was made.

Federal agencies cannot “arrest” the entire membership of the State Police.

Frosh and the staff of the Office of the Attorney General cannot be arrested en masse.

Frosh and his cronies will finish out his term without any issue.

 

[BeoBill]

Federal agencies cannot “arrest” the entire membership of the State Police.

Frosh and the staff of the Office of the Attorney General cannot be arrested en masse.

Frosh and his cronies will finish out his term without any issue.

Hey, we can dream...

 

[gruntz03]

The law says that the Superintendent "Shall Issue". Why is that not binding for a public official? In my field, when the codebook says "shall", it has to be done.

 

[BurkeM]

The law says that the Superintendent "Shall Issue". Why is that not binding for a public official? In my field, when the codebook says "shall", it has to be done.

MD law requires the Superintendent to adjudicate an application within 90 days.

He and his staff have 3 months to conduct a background investigation before approval or disapproval.

 

[Mark75H]

Basic Pistol and BIT are run as one 16 hour class. That’s how most Training Coaches do it, including this weekend.

Please check the NRA Instructor page.

All my TC's made us pay and take it as a separate class. TC is Training Counselor, not Training Coach.

And as mentioned in another thread by a TC, in the near future, NRA Instructors will be required to take the BIT bianually to retain their Instructor status even if they are not adding new instruction creds.

 

[Allen65]

MD law requires the Superintendent to adjudicate an application within 90 days.

He and his staff have 3 months to conduct a background investigation before approval or disapproval.

That is not what the law says. All that happens at 90 days of inaction is the applicant gets to appeal the delay to an Administrative Hearings Officer. It's the MGA's way of saying "don't bother MSP about your application for at least 90 days after you submit it."

There is nothing in the MD law that requires the MSP to complete the process after 90 days, and absolutely nothing that says you get a permit by default if either MSP or the Hearings Officer takes longer than what's prescribed in the law. Can we please put this whole "If they don't issue it to me on time, MD law says I can carry by default" to bed once and for all? Whatever effect Call v Jones or the other cases currently pending may change the process, but below is what current law says.

MD. Public Safety Code Ann. § 5-312 (2021)

(a) (1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary’s final action.
(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.
(b) (1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.
(2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a finding of facts and a decision.
(3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.
(c) (1) Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.

 

[dblas]

I submitted my application for ccw yesterday. I did my class over the weekend and fingerprints were done Monday. The total cost for everything is ridiculous. $300 for class, $53 for prints and $76 for the application.

I am a small business owner and started my business 6 months ago for this purpose so I applied as a small business BUT I did also note self defense. Along with all my documents I also attached the SCOTUS ruling that MSI posted on their website so hopefully one way or the other I will be approved. My instructor also said he can pretty much guarantee approval as a business owner but obviously this is the first time people were filing for self defense only.

I’d say half the class was doing self defense.

On a side note someone did tell me that MSP are NOT processing any applications right now. Everything is on hold until they get guidance from the AG.

That is complete bull, they are still processing application that meet the current process (G&S), they are apparently holding applications that refer to Bruen (without G&S). Thy have NOT stopped entirely.

 

[dblas]

The problem with applying now as a business owner as opposed to self defense means you MAY get a permit with restricted use, during business hours, stuff like that. A self defense permit should have no restrictions.

Sent from my Galaxy S20 using Tapatalk

There are no restrictions on business owners, they removed them over three years ago. He will get an unrestricted permit as a business owner.

 

[dblas]

Maybe last month, but who knows about next month.

That won't change back to "with restrictions" until perhaps a new Secretary is sworn in under the next administration.

 

[dblas]

So who has received their HGP under this new shall issue stance then?

No one yet, it hasn't been 90 days.

If you want to wait the 90 days it takes for the process, to see "what happens" that is entirely up to you.

 

[dblas]

Back in 2013 when everyone was buying pistols before they had to get an HQL, it was taking the MSP months to “not disapprove “ someone for their 7 day wait. AND their were FFLs that wouldn’t give you your pistol til they received the OK from the MSP even after several months although the law said they could on day 8.

Apples and oranges comparing FFLs that won't release a firearm without Government OK, to a Government outright violating a Constitutional Right.

 

[dblas]

The Maryland State police are enforcing an unconstitutional Federal Law (US Constitutional matter) by still having G&S listed as a requirement. That requirement is unconstitutional. Whatever the low IQ MGA passed in 2013 is moot.

The Law is the 2nd Amendment of the US Constitution, which right now it seems about 46 states are in compliance.

HI, MD and NY are going to give us all Constitutional Carry soon enough

With that said however:

Commies are not willingly going to stop being Commies……all of this is headed for some serious shit. The Commies just don’t realize how bad they are outnumbered yet

Technically, Maryland's law has not been specifically ruled Unconstitutional, you keep saying that, and so do others, but it hasn't yet, not by a court and not by the AG. We do understand that it is all but dead, but unless or until the AG provides guidance, or the MGA changes the law, MSP is bound to enforce said law, no matter how much we like it.

Feel free to come on up here and put some skin in the game, by applying for a wear and carry permit, or perhaps even carrying without a permit (Constitutional Carry) like you keep advocating. But unless or until you decide to join us, in person, and put some sweat, tears, money, personal time, and skin in the game, you are becoming a bigger bag of hot air each and every time you keep repeating the same shit above.

Since this doesn't directly affect you directly, like it does most of us, please stop with the ********.

 

[dblas]

About time to think about "Issue a contempt of Supreme Court Opinion to AG.
Articles 129 and 215 of the Constitution .
I'm not a lawyer. But think find ways to punish bad actors.

Ummm...
There are no such Articles in the US Constitution...
Specifically Article 3 deals with the Supreme Court and the lesser federal courts.
There is, however, and Article 129 and 215 in the Indian Constitution that deals with exactly what you stated, but I doubt that those articles will hold any power in the US.

 

[dblas]

I find the notion that Maryland is de facto constitutional carry state because they do not have a constitutional permit system in place to be intriguing. I have no intention of testing the idea, but to the Lawyers on the forum: does the CCW permit statute in COMAR have a severability clause? I have done a bit of reading on my HOA regulations and there is a paragraph that says something like"

"if any portion of this regulation is adjudicated to be unenforcable, only that portion shall be unenforceable. All other provisions will remain in full force and effect"

My understanding is that was added to HOA regs because some HOA regulations were being thrown out entirely because a particular clause was unenforcable.

I can see MSP taking the current permitting process, deleting the G&S provisions and trucking on with everything else pending action from MGA in the next session. If, as stated above, MSP is still processing applications that include a G&S, its kinda what they're doing already with those applications.

COMAR is the administrative function of the Executive branch on how to administer the State Statute. The State Statute is the law, and one would have to look at the original bills from 1957 and 1972 for any severabilty clause.