Maryland returns unprocessed handgun permit applications

[JohnPierce]

After Judge Legg handed down his ruling in Woollard v. Sheridan that Maryland's requirement of a "good and sufficient reason" to receive a handgun permit was unconstitutional, hundred of applicants flooded the Maryland State Police Licensing Division with applications. However, Judge Legg subsequently issued a temporary stay of that order and the state is petitioning for a permanent stay pending appeal. Given those circumstances, Maryland has been returning applications unprocessed with the following letter ...

Excerpt ... Read more

 

[mgkdrgn]

As I have stated before, Maryland will fight to the last dime of taxpayesr money to prevent the taxpayers from having carry permits.

 

[steelerdude99]

As mentioned in the link, they could have just kept the money and stamped DENIED on all of the applications that did not sufficient reasons per the law. The MD State Police only administer the permits as the law allows and did the applicants a favor. They don't make the law or decide when to appeal a ruling not in the state's favor.

chuck

 

[swinokur]

MSP violated COMAR by not processing the applications. There is NO allowance for return of unprocessed applications. They must be either processed or denied. MSP is playing games and it's gonna blow up in their face after Judge Legg issues his ruling on the requested stay while MD appeals to the 4th CA. The Judge has ordered all briefs to be submitted by May 23, 2012. I think he'll rule sometime in early June.

I think MD may be in deep doo doo on this one. We'll see.

 

[brickeyee]

I think MD may be in deep doo doo on this one. We'll see.

Why would they care, the taxpayers will be footing the bill.

 

[swinokur]

Because they stand a better than even chance of LOOSING in court

 

[Johannes_Paulsen]

MSP violated COMAR by not processing the applications. There is NO allowance for return of unprocessed applications. They must be either processed or denied.

What does the law require them to do in the event an incomplete application is submitted?

 

[swinokur]

These applications are NOT incomplete. For whatever reason, MSP thinks returning them is OK. It's not. COMAR requires either a denial or approve and process it. I don't want to give away some folks' strategy on this, but it's far from over.

 

[Johannes_Paulsen]

That wasn't my question. I was asking what the law is in the event that an application is incomplete. Do you know?

 

[swinokur]

what do you mean by incomplete?

 

[Johannes_Paulsen]

As in: missing a part; unfinished.

 

[swinokur]

I assume they are returned as incomplete. But MSP is returning them because of the court stay as the G & S reason of self defense and all other legal activities is not viewed as G & S by MSP.

I suspect the real reason they are being returned is not to screw up MSP's claim of a 97% approval rate. No one bothered to apply before the court ruling, because most were denied. Now, with the court ruling the flood gates have opened.

 

[Johannes_Paulsen]

So they're supposed to return applications that are incomplete? Is that the law?

 

[swinokur]

I don't know. Google it

IANAL

 

[Johannes_Paulsen]

You indicated that you knew what the law was. I see that you don't. Thanks.

 

[brickeyee]

Because they stand a better than even chance of LOOSING in court

And this costs them how?

It is the public's money being spent.

The politicians could care less.

 

[swinokur]

I didn't say I did. Further I did not provide a cite to claim I knew the law either.

Like I said, Google it.

 

[Jim K]

Under the law, the MSP has a lot of leeway in making those rules, but they operate under the orders of the AG, and go by what he says. This AG has been better than some recent ones, but the administration is not gun friendly, so they are not going to go down without a fight on that decision. I am sure the AG has ordered the MSP not to process any applications pending appeal.

Jim

 

[230RN]

Are the "good and sufficient" reasons spelled out anywhere?

 

[swinokur]

Nope.No list of what G & S is. G & S is how the MSP decides who is worthy and who is not. Rich and well connected? You get one. The rest of us subjects? Nope

And according to Comar MSP has NO legal standing to not process applications

29.03.02.03 "Upon receipt of the application and the supporting material described, the Secretary shall cause an investigation of the applicant to be conducted for the purpose of determining whether the applicant possesses the qualifications for a permit as required by Public Safety Article, §5-306, Annotated Code of Maryland." http://www.dsd.state.md.us/comar/get...9.03.02.03.htm

AND

29.03.02.06 "Upon the completion of the investigation, the Secretary of State Police shall notify the applicant by letter either that the permit has been issued or that it has been denied . http://www.dsd.state.md.us/comar/get...9.03.02.06.htm[

Don't see where it says they can not process applications. Process and issue or deny are their two allowed outcomes. Unless the AG wants to break MD COMAR, which are the regs for MD Depts to comply with..

He probably doesn't care. After all it's MD.

 

[627PCFan]

The writing is on the wall. They are playing nice. Too much visibility at this point.