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MD Permit Question

Otto

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If one were to possess a valid Maryland permit would you be asked to relinquish it if you obtained a Utah Non-resident one to further your states in which you may conceal carry?

The reason I ask is that a friend has a MD permit and was told he would be asked to turn it in if in fact he got a Utah Non-res.
 

Sig229

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Otto wrote:
If one were to possess a valid Maryland permit would you be asked to relinquish it if you obtained a Utah Non-resident one to further your states in which you may conceal carry?

The reason I ask is that a friend has a MD permit and was told he would be asked to turn it in if in fact he got a Utah Non-res.

That doesn't make sense to me.
Maryland has NO authority over what permit Utah decided to give you/him. It sounds to me like more games that the MD State Police are playing. They are notorious for making up "laws" that dont exist.

I would ask the MD State Police for the MD code in writing that says you cannot have an out of state CHL and posses a MD CHL.
 

Dreamer

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Maryland issues a "Permit to Carry a Handgun". Much like the PA LTCF, nowhere on the card, or in the statute does it require or specify any required mode of carry (although local, municipal, or County laws may say differently--MD has no State Preemption, nor does it have a RKBA clause in it's State Constitution...)

To my knowledge, nowhere in the statutory regulations regarding a MD PCH does it say anything about relinquishing your MD PCH if you get a non-res permit from another state. That is simply BS, to my knowledge.

DO NOT talk to the MSP about ANYTHING regarding firearms laws. They lie.

!) most cops in MD don't actually KNOW the firearms laws in their own state,
2) the few that DO know the law, will usually make stuff up to intimidate you from exercising your rights, often even resorting to telling you the exact OPPOSITE of what the law states, and
3) The official policy of MSP is that the 2A does not apply in MD. I have the director of the PCH Issuing Department saying this on video, in a testimony before the MD General Assembly's Judicial Committee, and I was there in person when he said it...

DO NOT talk to the MSP about ANYTHING regarding firearms laws. They lie.

The AG in MD may be a better place to go for legitimate interpretations of the law. They might make things up too, but if you press them for the supporting statute or code, they will usually come clean and backpedal. However, if you want anything that is "official", get it in writing from the AG. Phone conversations do NOT equal "legal advise", and MD is a "two-party consent" state so you can't record they conversation unless you have their consent--which they WILL NOT give...

And one more thing:

DO NOT talk to the MSP about ANYTHING regarding firearms laws. They lie.

But again, I remind you that IANAL, and my advise is worth exactly what you paid for it...

All that said, I would recommend that if your friend DOES decide to get a Utah permit, he has his fingerprint card made in VA or PA. Getting it made in MD may give the MSP an excuse (no matter how illegal or spurious) to revoke his MD Permit. They have been know to pull permits for the most ridiculous reasons...
 

ProShooter

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As a Utah certified instructor who has taught hundreds of Maryland residents, I have never heard of such a policy. Utah's permit stands alone and is not based upon the fact that someone has a home state permit or not. The two have nothing to do with each other and I have never heard of Maryland saying that a resident cannot have both.

FYI - we have a Utah permit class coming up in Gaithersburg, Md on June 12. Seats are still available.
 

Maryland Shall Issue

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What district do you live in?

We can get you an AG opinion for you and can use your home delegate if it's someone that we can work with. If not, I have people who will submit the request for you.

The AG's office will not issue official opinions to us peons, only members of the general assembly.
 

swinokur

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Dreamer wrote:
Maryland issues a "Permit to Carry a Handgun". Much like the PA LTCF, nowhere on the card, or in the statute does it require or specify any required mode of carry (although local, municipal, or County laws may say differently--MD has no State Preemption, nor does it have a RKBA clause in it's State Constitution...)

T
MD does have preemption. See MD statute 4-209
 

Dreamer

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Saying MD DOES have preemption is like saying that MD issues Concealed Carry permits...

Sure, there are provisions in the law that allow CC permits to be issued.

Sure, the Statute SAYS that localities may not pass laws that further restrict firearms above the State law.

But the letter of the law in MD is often VERY different than the PRACTICE and INTERPRETATION of the law, as we have seen in the Traffic Camera situation.

Just because something is prohibited for a locality, doesn't mean they won't do it anyway, and then get the AG to give them a pass.

Almost EVERY urban county, and MOST of the urban cities in MD have explicit ordinances prohibiting Open Carry for people who have MD PCHs. Baltimore, Annapolis, Rockville, Chevy Chase, Takoma Park, Silver Spring, etc, etc, etc...

But the AG gives them a pass.

MD is being operated as a criminal enterprise. The entirety of the governments in the urban areas of MD, the majority of the General Assembly, and Attorney General's Office should ALL be brought up on Federal RICO charges for criminal conspiracies to defraud the public, extortion, and conspiracy to commit civil rights violations.

There is no such thing as "rule of law" in MD, at least not in the generally accepted definition of that term.

In MD, "rule of law" is interpreted to mean, "Those who rule, make up the law"...
 

swinokur

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Dreamer-I'm not questiong or arguing how the various jurisdictions enforce the law. I am simply correcting your statement that MD has no state preemption.

It does.

MD Statute 4-209
 

Dreamer

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And I'm not asserting that this statute doesn't exist. I know it does. In fact, here is the complete text:

http://law.justia.com/maryland/codes/gcr/4-209.html


But what I'm saying is that in MD the actual LETTER of the state statute have absolutely no bearing on the way that localities pass, implement, and enforce laws in their own little serfdoms.

And the MD AG seems perfectly willing to give these little sub-tyrannies a pass when they flagrantly violate State law by passing local ordinances.

There's "letter of the law", and then there's "in practice". MD is a "may issue" state for CC permits by the letter of the law. But in practice, MD is for all intents and purposes, "No Issue", or more accurately, "WWW Issue"... (White, Wealthy, or Well-connected)

Same goes for State Preemption. Many of the municipalities in MD have their own laws prohibiting OC, or prohibiting "public display of a firearm", or purchasing ammo for a gun you don't own. These laws are clearly in violation, but not only does the AG look the other way, but the AG's office actively helps prosecute cases and the MSP actively helps enforce these illegal laws.

Complicity with an illegal law is, in and of itself, a criminal act.

Someone needs to start building a RICO case against MoCo, PG Co, HoCo, Baltimore, and Annapolis.

MD government is a criminal enterprise.
 

swinokur

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Dreamer wrote:
And I'm not asserting that this statute doesn't exist. I know it does. In fact, here is the complete text:

http://law.justia.com/maryland/codes/gcr/4-209.html


But what I'm saying is that in MD the actual LETTER of the state statute have absolutely no bearing on the way that localities pass, implement, and enforce laws in their own little serfdoms.

And the MD AG seems perfectly willing to give these little sub-tyrannies a pass when they flagrantly violate State law by passing local ordinances.

There's "letter of the law", and then there's "in practice". MD is a "Shall issue" state for CC permits by the letter of the law. But in practice, MD is for all intents and purposes, "No Issue", or more accurately, "WWW Issue"... (White, Wealthy, or Well-connected)

Same goes for State Preemption. Many of the municipalities in MD have their own laws prohibiting OC, or prohibiting "public display of a firearm", or purchasing ammo for a gun you don't own. These laws are clearly in violation, but not only does the AG look the other way, but the AG's office actively helps prosecute cases and the MSP actively helps enforce these illegal laws.

Complicity with an illegal law is, in and of itself, a criminal act.

Someone needs to start building a RICO case against MoCo, PG Co, HoCo, Baltimore, and Annapolis.

MD government is a criminal enterprise.

MD I believe is classified as May Issue, not shall issue/. I think OCDO can confirm that. Please provide cites for the local municipalities that prohibit OC. OC is not permitted under MD law. I would like a link to any laws promulgated by a MD locality that either prohibit OC or display of a firearm. Those are state laws AFAIK. I have never heard of any local reg that prohibits any kind of ammo purchases for any MD approved firearm either

I know MD lawe allows OC with a permit but I'm sure the MSP would not be happy if you tried it

Please enlighten me as a MD resident on the local laws you are speaking about.


I attached a map from www.moccw.org indicating MD's May Issue status, not shall issue.
 

Sig229

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Whats really really sad when you think about it. Are the poor people living in western MD and the Eastern Shore.

Those two regions of Maryland are like totally different states!

The residents of the western shore are the morons who keep voting in the socialists anti-gun state government officials. The MD residents on the east and western part of the state have to live with the poor decisions of the left wing nut cases.
 

swinokur

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Sig229 wrote:
Whats really really sad when you think about it. Are the poor people living in western MD and the Eastern Shore.

Those two regions of Maryland are like totally different states!

The residents of the western shore are the morons who keep voting in the socialists anti-gun state government officials. The MD residents on the east and western part of the state have to live with the poor decisions of the left wing nut cases.

sad but true. I live right in the thick of these asshats



I am a fish out of water. The good thing is I don't hide my politics from my libtard neighbors. They know better than to start their PC BS with me. Funny thing is every time there is an emergency they come to me wringing their hands; Loser sheep all.
 

mrjam2jab

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Dreamer wrote:
And I'm not asserting that this statute doesn't exist. I know it does. In fact, here is the complete text:

http://law.justia.com/maryland/codes/gcr/4-209.html


But what I'm saying is that in MD the actual LETTER of the state statute have absolutely no bearing on the way that localities pass, implement, and enforce laws in their own little serfdoms.

And the MD AG seems perfectly willing to give these little sub-tyrannies a pass when they flagrantly violate State law by passing local ordinances.

There's "letter of the law", and then there's "in practice". MD is a "may issue" state for CC permits by the letter of the law. But in practice, MD is for all intents and purposes, "No Issue", or more accurately, "WWW Issue"... (White, Wealthy, or Well-connected)

Same goes for State Preemption. Many of the municipalities in MD have their own laws prohibiting OC, or prohibiting "public display of a firearm", or purchasing ammo for a gun you don't own. These laws are clearly in violation, but not only does the AG look the other way, but the AG's office actively helps prosecute cases and the MSP actively helps enforce these illegal laws.

Complicity with an illegal law is, in and of itself, a criminal act.

Someone needs to start building a RICO case against MoCo, PG Co, HoCo, Baltimore, and Annapolis.

MD government is a criminal enterprise.

You changed this?

According to the "letter of the law"...MD really is Shall Issue...

Public Safety Article, §5-306

§ 5-306. (a) Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

Similar to RI...it is Shall Issue requiring "Statement of Need"...
 

Dreamer

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Here's how the MD CC law works.

The LETTER of the law is "Discretionary Shall Issue". The actual code says "SHALL", but puts the issuance at the discretion of the MSP, and does NOT codify what reasons are or are not acceptable for issuing a permit, so it's purely whim-based...

The PRACTICE of the law is that if you're not connected (a judge, lawyer, high-powered politico, big campaign contributor, etc) you don't get one. If you CAN prove that your life is in immanent danger (meaning if you've been brutally attacked and survived and have a police report to prove it) then they MIGHT issue you one, depending on whether the MSP think you deserve it...

I personally know an RN trauma nurse at Johns Hopkins who routinely deals with violent gang members, and a MD Corrections officer (10+ years) who was previously an MP for 10 years ad has a spotless record who were BOTH turned down for permits because they didn't meet the MSP's "justifiable need" qualification, until AFTER they were brutally attacked, and had a police report to attach to their second application...

You can mince words all you want, and point to the statutory wording all you want, but until you can show me a group of more than 5 people who are regular citizens in MD that have permits, I stand by every thing I've written.

When I was testifying befor ethe MD GA Judiciary Committee this spring regarding HB-52, there were nearly 100 citizens in the room, and the 26 Committee members sitting at their tables. There was ONE citizen in that room with a MD permit. On the Committee, I know for a fact that 3 had permits, and the buzz is that the number was as high as 6, and of those legislators who had permits, more than half of them voted against the bill, and have a LONG istory of voting against pro-2A bills...

There are TWO sets of laws in MD--one for the Serfs, and one for the "rulers", and the laws that apply to the rulers are truely the "rule of law"--those who rule, get to make up their own laws...

I can walk into any gun store in VA, PA, NC, or WV, on a Saturday afternoon, and randomly ask 10 people if they have permits, and I'll probably get 2 or three "yes" answers.

In MD, I've been actively looking for 2 years, and I've only met ONE citizen that wasn't a cop, lawyer, politico, or precious metals dealer who has a permit...

Numbers don't lie.

MD doesn't issue permits unless you are connected, or have the potential of becoming a high-profile lawsuit that might embarrass them...
 

Dreamer

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Oldlady3 wrote:
It makes me wonder if the other states that have "Shall Issue" are having the same problems.

In a word, NO. Most "Shall Issue" states actually follow the laws on their books...

But you see, MD isn't a "Shall Issue" State. (I mis-typed that in my previous post, and have since edited and corrected it...)

The Wording of the MD law says they "Shall issue" if you meet certain requirements, then never defines what the requirements are. In ALL other "shall issue" states, the requirements to get a permit are VERY clearly and specifically defined and if you meet those requirements, they issue you a permit.

MD plays games with their wording, and says you need a "justifiable reason" but then never defines what reasons are "justifiable", so it's essentially up to the whim of the MSP Permitting department as to whether or not they issue a permit. If you are an attorney,or a precious metals dealer, or a judge, or you are wealthy, white, and well connected, and might possibly cause a stink in the courts or the media if you are denied (and are a "sympathetic victim" like a nurse, or the wife of a famous person or something) then you'll get the permit. But if you are just an average law-abiding citizen, it's nearly impossible to get a permit in MD.

Different groups have been working for years to get "self defense" as a justifiable reason to get a permit, but the amendment always gets stalled in committee.

I think it's about time that "MD Shall Issue" (the big 2A activist group in MD) stops "playing nice" and go public with all the two-faced schmucks who sit in the General Assembly and currently have Concealed Carry permits but always vote against expanded carry rights in MD for the citizens. I know of at least two people on the House Judiciary Committee, and at least one Senator who have MD permits, but ALWAYS vote against pro-2A laws.

It's time to stop playing nice, and out these two-faced, duplicitous, treasonous elitists. Every time these people vote against a concealed carry law, or vote for more "gun control" laws, there should be a press release issued that gives their voting record, their names, and states the fact that they have a concealed carry permit.

I think even in a brainwashed state full of sheeple like MD, if people realized how duplicitous their representatives were, they might start pressuring them to to let the people have the same rights and privileges that the people in the GA give themselves...
 

virginiatuck

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Just to be thorough here's the code you are talking about:
http://www.michie.com/maryland/lpex.../1c922?fn=document-frame.htm&f=templates&2.0#

In case that link doesn't work, you can start here and click through.

Public Safety Article, Title 5, Subtitle 3, Section 5-306. Qualifications for Permit

[align=JUSTIFY](a) In general.- Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: [/align]
<snip>
[align=JUSTIFY](5) based on an investigation:
[/align][align=JUSTIFY]<snip>[/align] [align=JUSTIFY](ii) has 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. [/align]
<snip>

A couple years ago I read online about a guy who tried to go through the whole process, got a hearing after his permit was denied, and argued at the hearing that the level of crime in Maryland, such as muggings, was the apprehended danger; and that carrying a handgun was a reasonable precaution.

The board basically said no, it's not; and denied his permit. Short of filing a lawsuit, that's as far as he could take it. If I recall correctly, he moved out of the State immediately afterwards.

I'd like to find the story again, but have not been able to find it anywhere. I should have bookmarked it.
 
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