r/MDGuns • u/Minute_Definition985 • 13h ago
More Handgun Roster Board Shenanigans
If you didn't know already MSP sent out 2 emails on behalf of the roster regarding the upcoming meeting only consisting of hearing and the petitions would be moved to January. This email was only sent to Firearm Dealers unfortunately so the public wasn't properly made aware.
Essentially they stated that the change in the meeting was due to "new legislation". They went on to say that new petition forms and the requirements for samples for all or nearly all petitions would potentially be required. However, this didn't just mean moving forward it would be retro active meaning people who already submitted would end up having to fill out a new petition and potentially send a sample along with it.
This entire process has been done in secret and in violation of both the Open Meetings Act as well as the Maryland Administrative Procedures Act as outlined below. I have drafted that is currently in review with GOA leadership that outlines these violations and demands a response from MSP by COB this Friday. The email states that a response should at a minimum include a reply to each issue and what MSP/HRB are doing to rectify it, a confirmation that the December meeting will move forward as planned prior to the change, and a draft copy of the new forms and regulation change requiring additional firearm samples.
Issues:
I spoke with a board member and was told that the decision to only have hearings and push the petitions to January was done through email between MSP and the board. Additionally, this board member had not seen the nor been made aware of the petition form change or the change in sample requirements and was quite upset about it. Additionally, this board member was unaware of the "new legislation" that was being quote as the reason for the move because that was not related to them. The member also was not aware that the email had been sent by MSP and had not seen it. So all of this raises multiple issues with Maryland Administrative Law.
The Open Meetings Act is clear that emails, phone calls, and other communications between board members where board business is being discussed can constitute a quorum. This means that the board in essence had a closed meeting with our the proper public notice and without voting on the closed session in public first a clear violation of the Open Meetings Act.
The change in a petition form can run a foul with the Maryland Administrative Procedures Act. COMAR clearly states what information is to be provided on the form. There are two items in COMAR that are discretionary. One is technical specifications where it states "if they are available to the petitioner" and the other states additional information "may" be provided by the petitioner to aid the board in its decision making. My argument to MSP is that if the petition changes the information required from what is specifically listed in COMAR or makes either of the discretionary items mandatory then that is not a mere policy change but a regulation as defined in the Maryland APA and must go through the formal rulemaking process.
COMAR clearly states that "upon request" the petitioner shall submit a sample. Again upon request is discretionary and that is how the board has operated for years. The current petition form even stated that the petitioner should reach out to the HRB administrator to determine if a sample is needed. So again my argument is that if MSP and the board decide to require more samples that isn't a policy change but a regulation under the Maryland APA and must go through the formal rule making process.
However, the issue with samples goes even further. COMAR allows a citizen not just a dealer to submit petitions. So if the board requires a sample for each petition or most petitions it puts citizens in a legal paradox. According to COMAR they can submit a petition however legally they cannot fulfill the board's requirements because they cannot take possession of the firearm to provide it to MSP without it first being on the roster. Again a violation of the Maryland APA.
- COMAR clearly states that the board must act on a petition within 45 days of receiving it or it will be denied. For years the board and MSP have used an incorrect interpretation of this in an effort to only have the board meet quarterly. They look at the submission deadline set by MSP as the date it was received. COMAR does not allow for this. MSP is acting as the administrator for the HRB so once a petition is properly submitted under COMAR the 45 day clock should start. This would mean that in all reality the board should be meeting monthly.
So the email lays out all of these issues and tells MSP and the board that if they do not reply by COB Friday and do not hold the meeting and conduct regular business and do not follow the rulemaking process then GOA will take the following actions.
File an Open Meetings Act complaint
File and MPIA request where we request all coorsoendence from MSP, board members, attorney general la office , governors office, and the governors appointment office pertaining to the HRB and it's operations. This will also include requests for an amex parte communication between anti-gun groups and the broad and/or officials. This will be a request for the last 2 years at a minimum.
The information received from the MPIA request will be reviewed and likely used to pursue additional violations of the open meetings act and violations of the APA.
MSP and HRB have operated far too long with unchecked power and we are tired of it!!
I will make another post shortly with information from my meeting with MSP last week regarding the Glock ban, VZ61, and designated collector issues.
As always thank you all for the support and if you have any questions please drop them in the comments or DM me.