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Maryland gun laws ruled unconstitutional
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=13704
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Author:  JTrecovery [ Sun 05 Aug 2012 09:18 ]
Post subject:  Maryland gun laws ruled unconstitutional

http://articles.baltimoresun.com/2012-03-05/news/bs-md-handgun-law-20120305_1_second-amendment-foundation-federal-judge-rules-gun-proponents

Haven't found this topic discussed in this forum yet, so I thought I'd bring it to light here.

Opinions?

Author:  Mdbtyhtr [ Sun 05 Aug 2012 11:29 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Update, MD is a May Issue state with substantial reason, that was challenged and the lower court over ruled the MD position. This ruling was reversed by the 4th Circuit Appelate Court in Richmond, VA on August 8th, based soley on MD's position that they would have to revoke thousands of permits if this were not stayed and the court agreed.
It is still in the courts and will be decided at a later date.

Scott

Author:  JTrecovery [ Sun 05 Aug 2012 13:03 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

I also later found that the decision had been moved to October.

Author:  JTrecovery [ Sun 05 Aug 2012 13:21 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

From the Maryland state police website
Quote:
WHO MAY APPLY

The Secretary of State Police shall, pursuant to Annotated Code of Maryland, Public Safety Code Ann. §5-306, Qualifications for Permit, issue a permit to a person who the Secretary finds:

1.                  Is an adult (18 years of age or older);

2.                  has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than one (1) year has been imposed;

3.                  has not been convicted of  crime involving the possession, use, or distribution of a controlled dangerous substance;

4.                  is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and

5.                  based on an investigation; 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 has a 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.


According to 5., would a BEA fall under the category of being necessary as a reasonable precaution against apprehended danger?

Author:  Mdbtyhtr [ Sun 05 Aug 2012 16:09 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

I have seen BEA, Process Server, and PI. It is alwaya a good idea to have a business registered ir incorporated in the state as it speaks to credibility and professionalism. Regardless, there will be restrictions if the current ruling stands, such as: to and from a MD licensed PI agency within the state of MD and while actively in the performance of your duties as a fill in the blank.

Scott

Author:  JTrecovery [ Sun 05 Aug 2012 18:23 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Understood. As always thanks for the info.

Author:  DSI [ Mon 06 Aug 2012 06:19 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Maryland law reads that an individual must have a Good and Substantial Reason for a permit. “ Very rarely are Bail Enforcement Agents or Process Servers afforded a “Permit To Carry A Handgun” in Maryland as a matter of fact that is one of the questions that the Maryland State Police Investigators ask during your interview for your Private Detective License and Carry Permit.

There are about twenty five hundred un-restricted permits issued, mostly to retired law enforcement :wink: and a few civilians with a good cause. The current policy puts direct restrictions on most professional permits issued to Bondsmen, PI, Security Officers, and Businesses. i.g. Between residence and any Maryland Licensed Security Guard/Private Detective Agency job assignment or property and only while activity engaged as a Maryland certified Armed Security Guard/Private Detective for same. (ON DUTY ONLY IN MARYLANDONLY) Not valid where Firearms are prohibited.

If the lower court ruling is upheld on appeal by the state, the Maryland State Police will be directed to issue un-restricted permits much like other states do, to all person(s) requesting the permit absent felons and other person(s) convicted certain misdemeanors. This would in effect make Maryland a so called “Shall Issue” state. However our Attorney General’s Office has stated that it intends to fight this matter all the way to the highest court even though it knows that it will most likely lose in the end.

Author:  JTrecovery [ Mon 06 Aug 2012 10:00 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Thanks for the info

Author:  Mdbtyhtr [ Mon 06 Aug 2012 16:48 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Gene, I have seen MD carry permits for BEA and Process Service, prior to that, I would have told you they don't exist!

Scott

Author:  DSI [ Tue 07 Aug 2012 12:11 ]
Post subject:  Re: Maryland gun laws ruled unconstitutional

Mdbtyhtr wrote:
Gene, I have seen MD carry permits for BEA and Process Service, prior to that, I would have told you they don't exist!

Scott



I am shocked at that information, it has always been the State Police un-written policy not to issue to BEA. Years ago I knew several BEA folks that were denied and filed an appeal with the Handgun Review Board and would always lose by a 3-2 vote.

The General Assembly needs to take the lead in this matter, however as you that have no gonads in this state when it comes to this issue. It will have to be by court order

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