paul@paul-fisher.com
Regular Member
Let's nip this in bud.
Representative xxx,
Rumblings are coming out of the DOJ regarding the online firearm training offered by the MD State Police. Act 35 says:
"175.60(4)(a)(1)(c) A firearms safety or training course that is available to the
public and is offered by a law enforcement agency or, if the course
is taught by an instructor who is certified by a national or state
organization that certifies firearms instructors or by the department,
by a technical college, a college or a university, a private or
public institution or organization, or a firearms training school."
[url]http://www.mdgunsafety.com/
[/URL]
Welcome to the Maryland Police Training Commission Firearms Safety Training Site. Completion of this Firearms Safety Training course will satisfy one of the requirements for firearms ownership under Maryland law. You must consult Maryland and federal law for the remaining requirements for legal possession and ownership of a firearm."
Can you please remind them of the part above and "175.60(2)(b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license."
If they do NOT accept the MD training, I might be forced to use "175.60(14m) APPEALS TO THE CIRCUIT COURT. (a) An individual
aggrieved by any action by the department denying an application
for, or suspending or revoking, a license under this section, may
appeal directly to the circuit court of the county in which the individual
resides without regard to whether the individual has sought
review under the process established in sub. (14g).
(b) To begin an appeal under this subsection, the aggrieved
individual shall file a petition for review with the clerk of the
applicable circuit court within 30 days of receiving notice of
denial of an application for a license or of suspension or revocation
of a license. The petition shall state the substance of the
department’s action from which the individual is appealing and
the grounds upon which the individual believes the department’s
action to be improper. The petition may include a copy of any
records or documents that are relevant to the grounds upon which
the individual believes the department’s action to be improper.
(c) A copy of the petition shall be served upon the department
either personally or by registered or certified mail within 5 days
after the individual files his or her petition under par. (b).
(d) The department shall file an answer within 15 days after
being served with the petition under par. (c). The answer shall
include a brief statement of the actions taken by the department.
The department shall include with the answer when filed a copy
of any documents or records on which the department based its
action.
(e) The court shall review the petition, the answer, and any
records or documents submitted with the petition or the answer.
The review under this paragraph shall be conducted by the court
without a jury but the court may schedule a hearing and take testimony.
(f) The court shall reverse the department’s action if the court
finds any of the following:
1. That the department failed to follow any procedure, or take
any action, prescribed under this section.
2. That the department erroneously interpreted a provision of
law and a correct interpretation compels a different action.
3. That the department’s action depends on a finding of fact
that is not supported by substantial evidence in the record.
4. a. If the appeal is regarding a denial, that the denial was
based on factors other than the factors under sub. (3).
b. If the appeal is regarding a suspension or revocation, that
the suspension or revocation was based on criteria other than those
under sub. (14) (a) or (am).
(g) 1. The court’s decision shall provide whatever relief is
appropriate regardless of the original form of the petition.
2. If the court reverses the department’s action, the court may
order the department to pay the aggrieved individual all court
costs and reasonable attorney fees."
I hope I am over reacting but we need this decided shortly. They (DOJ) are supposed to publish the rules 9/1.
Thanks!
--
Paul L Fisher
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