So- without interviews and references, that should free up some personnel to verify and process permits.
FIFY
So- without interviews and references, that should free up some personnel to verify and process permits.
More interesting to me is what happens to people who apply in March, April, May or June of next year.
Surely the State Police know this is coming. Which makes me wonder what they will do with those applications. Someone is going to jump the gun and think we already won, put SD on the app.
Will they increasingly go after magazine limits/restrictions and handgun types?
Cross posting because we have two threads going.
Been doing some looking into this. The nearest analogous example I can find is in 2013, when the MD GA was rushing to ban guns. Apparently there were a lot of purchases, so many that the MDSP could not do the 77r within a week. They got sued, and lost (see here https://www.nraila.org/articles/20140117/maryland-forced-to-clarify-firearm-transfer-rules), because the law clearly says 7 days. Dealers were allowed to release handguns even if the paperwork "not dissapproved" was not back. Looking back at some threads, apparently the wait was 180+ days for paperwork.
Put that in the context of MD CCW, where the law states they must approve within 90 days. If the MDSP drags their feet they run the major risk of the court saying, well now the law is shall issue, and MD law says 90 days, so anyone whose applied can carry even if their card is not returned. That would be the analogous situation to 2013 handgun lawsuit. They wont drag their feet because they are running the major risk of getting sued with the result being de facto constitutional carry. Its a very similar situation to 2013, except they dont have to rely of dealers to release guns ppl can just... carry.
Not quite, State Statute actually has a challenge requirement if MSP misses the 90 day mark. It used to be the HPRB, but now it is a court case brought before an Administrative Law Judge.
I know several members here who are 2A lawyers, that I am sure I already researching the issue and how to brig the suit and win it.
Not quite, State Statute actually has a challenge requirement if MSP misses the 90 day mark. It used to be the HPRB, but now it is a court case brought before an Administrative Law Judge.
I know several members here who are 2A lawyers, that I am sure I already researching the issue and how to brig the suit and win it.
Not quite, State Statute actually has a challenge requirement if MSP misses the 90 day mark. It used to be the HPRB, but now it is a court case brought before an Administrative Law Judge.
I know several members here who are 2A lawyers, that I am sure I already researching the issue and how to brig the suit and win it.
§5–312.
(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.
(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.
(6) 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
(ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.
The investigation includes phone interviews with all 3 of your references. You also meet with your investigator for about 30 minutes at a barracks (that isn’t always convenient for you).you are talking about this?
https://mgaleg.maryland.gov/mgawebs...section=5-312&enactments=False&archived=False
So you are saying applicants first have to clog up the DMs of some administrative judges?
I am not sure what that looks like under shall issue. Postpones the inevitable.
The only part I see that would delay permit issuance is this:
The investigation includes phone interviews with all 3 of your references. You also meet with your investigator for about 30 minutes at a barracks (that isn’t always convenient for you).
It's obvious who has been through the MD Permit Process and who hasn't.
If G&S is found to be unconstitutional, there will still be an interview and required references to apply for a MD W&C Permit. Other shall issue States do this. States like RI require 3 reference letters and they all must be notarized.
Interviews will be quicker if they continue to process via phone, not sure if that was just a temporary COVID protocol though or if they decided to go forward. I’m sure that saved time.
The investigation includes phone interviews with all 3 of your references. You also meet with your investigator for about 30 minutes at a barracks (that isn’t always convenient for you).
Just went through the whole process in September. Phone interview (no in-person) took about 10 minutes and they only called two of my references and spoke to them for less than a minute. It was exactly the same for my wife and two of our colleagues.
Nice. My guys have always called everyone…
you are talking about this?
https://mgaleg.maryland.gov/mgawebs...section=5-312&enactments=False&archived=False
So you are saying applicants first have to clog up the DMs of some administrative judges?
I am not sure what that looks like under shall issue. Postpones the inevitable.
The only part I see that would delay permit issuance is this:
I mean, I don't know what else they can do on that front. Tell us we can only carry revolvers?