Posted on 07/05/2007 9:40:10 AM PDT by kiriath_jearim
(2007-7-1) MSP has quietly notified dealers around the state that new restrictions on purchase of regulated firearms (handguns and select long guns) will take effect on August 1. Starting that date, any application to purchase such firearms will be administratively denied if it does not contain a release authorizing police to access medical records which may be on file at any state agency – or at any agency anywhere – in order to decide if the applicant is eligible to possess a gun. MSP will now assess your mental health when it decides whether to approve your purchase.
Federal and state laws already define a bright-line standard for what constitutes a mental health gun disability, and legal records documenting someone's inability to possess a gun are already available to police (soon to be federally available under NRA-backed legislation now in Congress.) Maryland already did careful upgrading of its system for reporting gun disabilities, after a high-profile failure (over protective orders) several years ago. Unlike Virginia, we didn't need a tragedy (like Virginia Tech) to expose ‘loop holes' in record keeping.
Consequently, the present step represents a vast police overreach clearly intended to increase barriers to lawful gun ownership. Information which MSP may request from an applicant is specific and defined in law. The new policy goes far beyond what the law defines, and it lacks any legal authority. (They didn't even bother to cover their power grab with the veneer of credibility by proposing a new regulation.) MSP demands that applicants give up a Fifth Amendment right against self incrimination, and they violate federal HIPAA rules on use of medical information.
Who needs a General Assembly when police can make up laws whenever they want?
Depending on how extensive a bureaucratic game MSP wants to play, the ‘one week' waiting period could become a thing of the past. Few medical records are consolidated in one place for electronic access; an investigator asked to exercise discretion on some applicant's mental health could take months researching paperwork. Moreover, MSP's track record in exercising discretion is poor. They already take it upon themselves to judge “need” for carry permits. Now they may take it upon themselves to judge mental health, going far beyond the bright line standard in law.
Apologists already argue this authorizes a check of only mental health records, but the truth is, Maryland makes no distinction in law. Any medical record police deem useful to making a determination will be opened, and with your signature you agree that MSP can use the data for whatever prosecution might follow if they choose. What nervous conditions will MSP judge inappropriate for approval? Will patients showing early signs of Alzheimer's or Parkinson's be denied? MSP will know when they see it, just like they create laws to enforce when they want them.
So damn glad I moved out of MD. It was a pain to get a handgun in the 80’s... the MSP had up to 2 weeks to do background checks on you.
Oh that just sucks big time. I don’t want anyone into my medical records, how long before they start doing it for driving licenses too? Or life insurance, job applications, once the door to those files are opened it just keeps getting wider and wider.....
“MSP has quietly notified dealers around the state that new restrictions on purchase of regulated firearms (handguns and select long guns) will take effect on August 1. Starting that date, any application to purchase such firearms will be administratively denied if it does not contain a release authorizing police to access medical records which may be on file at any state agency – or at any agency anywhere – in order to decide if the applicant is eligible to possess a gun. MSP will now assess your mental health when it decides whether to approve your purchase.”
Who is the decider? What will they consider a flag? Could you be denied for a one time treatment? There seems to be just too many ways to abuse this, IMO.
I DON’T LIKE IT, NOT AT ALL.
Go ahead...I have my flame suit on!
Fine, then make it a law. Go through the entire procedure, get it approved by the legislature and governor, who are accountable to the people for their actions.
This is *bad*. This is the police making up the law as they go along. Everyone involved at MSP needs to be fired, yesterday. But they won’t be, because they’re not accountable to the public.
Uh, as soon as I signed on the dotted line for my CPL I gave the local LEO authorization to check my criminal history (=NONE) and my medical records (=NONE), and as I’m a green card holder, my state has a license for immigrants that does the same thing.. (NONE & NONE)...
Been there done that and I have my firearms... the McCarthy bill that preceded this and was accepted is nothing more than a “I feel so much better” piece of legislation, many states already do this check...
If any part of the proposed procedure violates Maryland or Federal law then someone's sure to challenge it in the appropriate court.
My concern too. How will they interpret treatment for situational depression because of divorce, disease and etc.
Glad I already own most of what I want.
Did you even read the second paragraph? This isn’t a law being passed, this is the police making stuff up and then enforcing it.
It’s BS.
Here in NC, if you've got a North Carolina concealed carry permit, you can walk into a gun shop, plop down your payment, and walk out with a handgun without even undergoing an instant-check. They figure the concealed carry background check is far more extensive than anything the Feds can cobble together on a moment's notice.
But we can’t ask for drivers licenses for voting?
Libs are just disgusting!
> Welcome to Martin O’Malley’s Maryland. Just keep going.<
Or, as some of us in the People’s Republic of Maryland call it: Absurdistan.
Yes,I did read and,yes,I do know that it's not a new law being proposed.Laws currently in force in Maryland may or may not allow what the state police are proposing.If they don't then someone will challenge them and,presumably,succeed in halting them.It's that simple.
It’s BS.
I don't know about you but I'd prefer that the schizophrenic that lives next door to me and the convicted kidnapper that lives down the street from me not have access to firearms.
I don’t imagine most of us want a true crazy having a gun; I know I don’t. HOWEVER, who can we trust to define insanity and then make an impartial judgement about individuals? The government? The police? Politically appointed doctors or experts? Ha, ha! I don’t trust any of them! You know, those Republicans and Conservatives are by definition crazy; we sure don’t want them carrying guns. Or those crazy Chrisitans. Or those crazy white folks either. /sarcasm The potential for abuse is too severe. I think I’d rather take my chances with the street crazies instead of the government crazies.
Remember of course that Martin O’Malley’s father in law is the infamous Joseph Curran. As Maryland’s long-time Attorney General, he openly advocated the abolition of private ownership of (at least) handguns. The boy governor is just following family tradition.
If the schizophrenic that lives next door to you and the convicted kidnapper that lives down the street from you wants a gun they will buy one off the street or steal one and then nobody will have a record of it.
Jack-Boot thug mentality... Janet Reno must be pleased.
And who died and left the police with the responsibility to make the determination of someone’s competency to own a firearm? I can see some punk alcoholic desk cop pushing papers and stamping “denied” on a bunch of applications because he ran of of booze the night before...
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