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Colonel Dan, SASS #24025

Maryland: Gun Rights Activists Sue Maryland

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Col. Dan,

 

This is the first of what will be many lawsuits reguarding the recent abuse of power by the Maryland Legislature in passing SB281. This suit was filed by the coordinated effort of numerous firearms groups and associations in the state and with much behind the scenes support of the NRA. The text of the actual complaint can be found here.

 

http://www.associatedgunclubs.org/legislative/temporary/SB_281_Federal_Lawsuit.pdf

 

A discussion of the filed suit can be seen here on the MDShooters Forum.

 

http://www.mdshooters.com/showthread.php?t=133243

 

 

It is fully expected that the NRA, in conjunction with many of the organizations who filed the previous suit, will be filing a suit against the implementation of the Handgun Qualification License. Not only was the original law and the associated hearings a travesty, but codifying of the law into regulations by the Maryland State Police (MSP), and the subsequent hearings were a complete fiasco. They were warned of the pending lawsuits if they did not address the problems, but they passed it anyway.

 

The current backlog on background checks is somewhere around 50,000, many of which have been waiting for months to complete the check that is required to be done in 7 days. When asked if there was an expemtion to the Handgun Qualification License (HQL) for those who submitted thier applications prior to 1 Oct but were held up by the MSP background checks, the Assistant Attorney General issued a ruling saying No.

 

http://www.associatedgunclubs.org/legislative/temporary/AG.pdf

 

 

In addition, there are no approved training facilities, the MSP ADDED a live fire requirement in to the HQL requirements, and we suspect this was at the behest of the administration. The MSP does not have the athourity to Write Law, that is reserved for the Legislature, the MSP may only Interpret Law. Subsequently to that, in an atempt to reduce the number of injured parties in the upcoming lawsuit, the MSP issued a statement basically telling everyone that it was OK to break the law! Seriously, the Police telling everyone to Break The Law and in direct conflict with the opinion of the Attorney General.

Never in my life have I witnessed such complete and utter incompetance.

 

NEWS RELEASE
MARYLAND STATE POLICE
HEADQUARTERS: PIKESVILLE, MD 21208
(410)486-3101 or 1-800-525-5555
Hearing Impaired TTY (410)486-0677

www.mdsp.org www.youtube.com/Maryland State Police www.facebook.com/MarylandStatePolice



FOR IMMEDIATE RELEASE: September 24, 2013
FIREARM PURCHASE APPLICANTS WITH APPLICATIONS PENDING ON OCTOBER 1 WILL NOT NEED TO OBTAIN A HANDGUN QUALIFICATION LICENSE

(PIKESVILLE, MD) – Marylanders who have submitted handgun purchase applications on or before September 30 will not be required to obtain a handgun qualification license, as required by the new law that is set to take effect on Oct. 1.

The new law that takes effect in Maryland on October 1 states that a handgun may not be sold, rented, or transferred unless the purchaser, lessee, or transferee has a valid handgun qualification license.

The Maryland State Police (MSP) will not enforce the requirements of the new law with respect to applicants whose applications are pending as of October 1. It was widely understood that the new requirements would not be enforced as to applications that were pending before October 1. In light of the number of currently pending applications—resulting from the unprecedented spike in new applications in recent months—it is a fair, reasoned, and appropriate result for those who are waiting for their pending purchase applications to be processed.

Persons who submit purchase applications on or after October 1, 2013, unless otherwise exempted by law, will be required to apply for and obtain a handgun qualification license before attempting to purchase a handgun.

MSP is working diligently to process all pending firearm purchase applications as expeditiously as possible. A record level of firearm sales in Maryland that began last fall—and which has only intensified in
recent days—has led to an unparalleled number of pending purchase applications. MSP’s Licensing Division commenced 21-hour-a-day, seven-day-a-week operations last December—more than doubling the staff in the division—in order to process the spike in applications. MSP has also used additional State Police personnel, who worked more than 24,000 hours of overtime in the past year. Despite those efforts, the number of pending purchase applications continued to grow.

The members of MSP’s Licensing Division will continue to work diligently to process pending applications as quickly as possible, without jeopardizing public safety for speed. MSP greatly appreciates the
patience of both the licensed firearms dealers holding the weapons, and Marylanders awaiting approval to receive their guns.

CONTACT: Greg Shipley - Office of Media Communications – 410-653-4236

http://www.associatedgunclubs.org/le...09-24-2013.pdf
The local assocations are recommending not to do this, and rightly so, as it is a violation of the Law, regardless of the MSPs opinion on the matter!

WARNING! FIREARM PURCHASE WITHOUT HQL AFTER OCT. 1st VIOLATES THE LAW

 

We here at AGC are aware of the September 24, 2013, Maryland State Police press release notifying the public that MSP would not enforce the HQL provisions against purchasers who had their paperwork in before October 1, 2013, irrespective of when they actually take possession of their handgun. We strongly discourage anybody from relying on that press release when purchasing and receiving a handgun. The press release is contradicted by an opinion from the Attorney General’s office that an HQL would be required for taking possession of a handgun on or after October 1, 2013 no matter when their paperwork was filed. Furthermore, even if the Maryland State Police do not enforce the law, it is still a law, on the books, with criminal penalties attached to its violation. Receiving a firearm without an HQL after October 1, 2013 is a violation of SB 281, and nothing would stop some other law enforcement agency from bringing charges under its provisions. Conviction for violation of the HQL provisions could result in both criminal penalties and loss of gun rights.

This is not legal advice. You are advised to consult with your attorney.

It is going to be a long, long, battle and will be fought on many fronts. I certainly expect that these lawsuits will have national implication so get ready for the show.

Dogmeat Dad

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As a final thought, and with a shameless plug.

 

These lawsuits are going to take years and cost millions of dollars. It truely disgusts me that I get to pay for both sides of this battle as my state tax dollars will be paying to DEFEND the bill while my personal after tax dollars will be paying to FIGHT the bill! That is just wrong on so many levels!

 

We know that the anti's will be getting money from Bloomberg and his ilk. I also know that many of you are already sending funds to support your local battles, but these lawsuits will have National implications no matter which way they go! So, if finances permit, please consider making a donation to the organization of your choice to support these efforts. You can donate to the NRA-ILA or any of the various Maryland Gunrights Organizations (MSI, AGC, MLFDA, MSRPA) and desginate your donations for the legal actions.

 

( :ph34r: Rumor has it that the NRA will be matching all funds collected by the Maryland Organizations! :ph34r:)

 

Let's help make sure they go the Right Way!

 

Thanks,

 

Dogmeat Dad

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