ASSOCIATED GUN CLUBS OF BALTIMORE, INC.
LEGISLATIVE UPDATE - SEPTEMBER 19, 2013 P.O. BOX 20102 - TOWSON, MD 21284-0102
410-296-3947 Email: LVP@ASSOCIATEDGUNCLUBS.ORG
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Greetings!
Please see the updates and related articles below. Hope to see you in Annapolis for the COMAR rally at 11:00 AM on Monday, September 23, 2013.
You can help AGC's litigation effort to protect your rights by sending a donation to the Associated Gun Clubs of Baltimore, Inc. - PO Box 20102 - Towson, MD 21284. Please note "SB 281 Litigation" on the memo line. Donations are not tax deductible.
NOTE: New list members can view previous emails on this and other topics in our email Archives. Click here.
John H. Josselyn
Legislative Vice President
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Update: Lawsuit Filed Against MSP for Compromise of Private Personal Data
UPDATE:
MARYLAND STATE POLICE TERMINATES "ALL HANDS" PROGRAM; VOWS TO PROTECT FIREARMS APPLICANTS' PERSONAL INFORMATION GOING FORWARD
As directed by Governor Martin O'Malley, the Maryland State Police released confidential firearms purchase application information to employees of four other state agencies in a misguided attempt to move forward in clearing the backlog of unprocessed 77R applications.
Yesterday, a lawsuit was filed on behalf of individuals whose applications to purchase regulated firearms remain trapped in the Maryland State Police's months-long processing backlog. The Maryland Licensed Firearm Dealers Association, Associated Gun Clubs of Baltimore, Maryland State Rifle and Pistol Association, and Maryland Shall Issue, along with a Maryland citizen with pending 77R applications, challenged this new and unlawful practice of using non-police personnel from other state agencies to process pending firearm purchase application data through insufficiently secured computer systems. This practice poses a serious and imminent risk to the security and confidentiality of citizen applicants' sensitive personal information, including their names, addresses, driver license numbers, Social Security numbers, and information concerning their mental health and criminal histories. The lawsuit demands an immediate end to this practice.
Today, the State filed its response to the lawsuit, in which it was revealed that the "All Hands" program that triggered the lawsuit had been terminated. The State filed sworn affidavits with the Court assuring that going forward, Maryland State Police will only use State Police employees or Department of Public Safety and Corrections Services for data entry and those CPSCS employees will only perform data entry and no investigative functions. In addition, Maryland State Police filed sworn affidavits with the Court assuring that each and every one of the specific data security concerns raised in the lawsuit were corrected in the protocol to be used going forward.
It is vital that the State Police work to address the self-inflicted backlog of processing pending firearm purchase applications so that law-abiding citizens of Maryland may obtain regulated firearms for their protection in a timely manner, but the State Police cannot be allowed to do so while putting at risk the applicants' private personal information. Your NRA-ILA will continue to monitor and report on the status of this lawsuit as the plaintiffs seek to ensure that the citizens of Maryland do not lose their constitutional rights to the privacy of their sensitive personal information simply by exercising their fundamental rights to firearm ownership.
Previously reported:
Following AGC's disclosure that the Maryland State Police (MSP) had shared, and were sharing sensitive, private personal gun purchase applicant data with at least 5 other state agencies, the public still has no assurances that further security breaches will not be revealed.
This Association, together with MLFDA, MSRPA, and MSI filed a lawsuit today in the Circuit Court for Anne Arundel County, seeking a temporary restraining order, preliminary and permanent relief and declaratory judgment on behalf of Maryland's law abiding gun owners. The lawsuit names Colonel Marcus L. Brown in his capacity as the Secretary of the Department of State Police and the Superintendant of the Maryland State Police as well as the State of Maryland. "This is an action for a temporary restraining order and preliminary and permanent injunctive relief pursuant to Maryland Rules 15 - 501 through 15 - 505, and for a declaratory judgment pursuant to Maryland Code, Courts and Judicial Proceedings Article, Sections 3 - 403 and 3 - 406, to address the newly - instituted unlawful policy of the Maryland State Police of using non - police personnel from other State agencies to process data contained within pending firearm purchase applications through insufficiently secured information technology sy stems, which poses a serious and imminent risk to the security and confidentiality of Plaintiffs' and their individual members' sensitive personal information, including their names, addresses, driver's license numbers, Social Security numbers, and information concerning their mental health and criminal histories." "Plaintiffs request that this Court issue a temporary restraining order and preliminary and permanent injunction ordering Defendants to cease immediately and permanently their newly - instituted unlawful policy of using non - police personnel from other State agencies to process data contained within pending firearm purchase applications" UPDATE: Click here for the lawsuit filing, INCLUDING the State's response.
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Still Waiting for your Pistol? Get Your Standard Magazines Before the Ban
If you have a pistol on order, and are still waiting for the Maryland State Police to "not disapprove" your purchase, we have a suggestion:
Have your dealer deliver the standard magazines that come with the pistol to you immediately. After October 1st you will either get a 10 round "MOM-Mag" or, no magazine at all, because 10 round magazines may not be available for your pistol now or in the future.
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Warning to Carry Permit Holders - Don't lose your 2nd Amendment Right
Under the provisions of the Governor's gun law which becomes effective on October 1, 2013, there will now be a penalty attached to carrying a handgun outside of the restrictions placed on the individual's permit to carry a handgun. If a permit holder is is found guilty of violating the restrictions, the penalties could be not less than 30 days and not exceeding 3 years or a find of not less than $250 and not exceeding $2,500 or both. These penalties are sufficient to prevent that person from ever owning a firearm again. Check with your attorney.
Source: Article Criminal Law � 4-203 Click here.
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Marylanders Investing Millions Buying Guns, But Little to Protect Gun RightsUpdate for the week following the original publication of this article on 9-6-13:
Ask a typical gun owner to support the Take Back Maryland PAC, contribute to the NRA/ILA, or as happened at a recent gun show when the promoter asked for $2 donations to support the litigation on SB 281 and you get some very creative excuses. Usually, they involve not having enough money.
Really? Consider the following:
The Maryland State Police have received 85,141 94,127 applications to purchase a regulated firearm since January 1, 2013. (up 8,986 from last week)
85,141 94,127 applications at $10 per application equals $850,140 $941,270. At an average cost of $500 per firearm, 94,127 applications equals $42,570,500 $47,063,500 (up $4,493,000 from last week)
$42,570,500 $47,063,500 at 6% sales tax equals $2,554,230.00 $2,823,810 (up $269,580 from last week) in taxes.
If these same people who purchased firearms had donated as much to protect their 2nd Amendment Rights as they spend on fees and taxes, we would have Three Million Four Hundred Five Thousand, Three Hundred and Seventy Dollars ($3,405,370.00) Three Million Seven Hundred Sixty-five Thousand Eighty Dollars ($3,768,080) to work with for litigation and the 2014 Elections. (up $359,710 from just last week).
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COMAR Hearing Rally in Annapolis - Monday, September 23, 2013 @ 11:00 AM
An outdoor rally in support of gun rights prior to the COMAR hearings will be held on Lawyers Mall at 11:00 AM on Monday, September 23, 2013.
Join us in Annapolis for a massive show of support for the 2nd Amendment.
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Administrative, Executive & Legislative Review Committee Hearing (AELR) COMAR Public Hearing
Monday, September 23, 2013
1:00 P.M. Joint Hearing Room (Rally at 11:00 AM on Lawyer's Mall)
Legislative Services Building 90 State Circle Annapolis, MD 21401 Subject: Public Hearing Re: Emergency Regulations
DLS Control No. 269-13 Department of State Police: Weapons Regulations: Regulated Firearms COMAR 29.03.01.01-.58
Emergency Regulations DLS Control No. 270-13 Department of State Police: Weapons Regulations: Handgun Permit Unit: COMAR 29.03.02.01-.14
NOTE: The subject of this hearing is limited to the regulations required to be promulgated by the Department of State Police pursuant to the provisions of Senate Bill 281, Chapter 247 of the Acts of 2013 and the conformance of the regulations to the enacted law. For those who wish to testify, the sign-in sheet will be available at 11:00 A.M. For written testimony, 25 copies should be sent to the AELR committee by Friday, September 20th, or brought to the Department of Legislative Services Building, Room 110, by 11:00 A.M. on the date of the hearing. One and a half hours each will be allotted for proponents and opponents of the regulations.
Sign-up sheets will be located in the lobby immediately outside the Joint Committee Hearing Room in the Legislative Services Building.
Mailing address for written testimony if you cannot attend or prefer to mail your testimony:
Administrative, Executive & Legislative Review Committee c/o Department of Legislative Services Legislative Services Building 90 State Circle Annapolis, MD 21401
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COMAR: What is the difference between a regulation and a statute?
The Legislature enacts statutes.
Administrative agencies adopt, amend and repeal regulations under the authority granted to them by statutes. Unless the Legislature has created an exemption, agencies must follow the procedures in the Administrative Procedure Act when adopting, amending or repealing regulations.
To access the Annotated Code of Maryland (statutes) click here.
To access the Code of Maryland Regulations (COMAR) (regulations) click on COMAR Online link.
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"Comment on COMAR" New AGC Email System
In anticipation of the AELR Committee hearing and the 30 day public comment period on the proposed SB 281 COMAR regulations, the AGC developed a new email system "Comment on COMAR" which was specifically designed for public comment on the proposed SB 281 COMAR regulations.
Please keep in mind that your comments must be limited to the proposed COMAR regulations as written. Do not waste time on SB 281 as that is no longer up for debate.
Feel free to email us with any problems you find in the proposed COMAR (not just you don't like it) based upon the provisions in SB 281 or suggestions for revisions to the proposed COMAR regulations to make them more fair to law abiding gun owners. Click here to submit suggestions.
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Beretta USA Donates 92FS Pistol To Take Back Maryland PAC
Take Back Maryland, the state's premier 2nd Amendment Political Action Committee announced that Beretta USA has donated a 9mm Model 92FS pistol with 2 standard 15 round magazines. A drawing will be held in the near future and the pistol will be awarded to the winner. All persons who have joined the Take Back Maryland PAC are eligible. (Winner must be a Maryland resident and legally eligible to receive the pistol - no cash equivalent) (Magazine transfer will take place legally outside of Maryland per SB 281) Details to follow. Click here to join, and donate to Take Back Maryland PAC.
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TAKE BACK MARYLAND 2nd Amendment PAC
Maryland's Premier 2nd Amendment Political Action Committee (PAC) is now actively seeking new members and support.
Help us to Support and Defend the 2nd Amendment!
Click Here to Join & Support Take Back Maryland
Want to help but can't afford to make a large donation at this time? You can schedule periodic donations to Take Back Maryland on your credit card in any amount that suits your personal budget. Take Back Maryland | PO Box 1346 | Laurel, MD 20725-1346
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John H. Josselyn, Legislative Vice President Associated Gun Clubs of Baltimore, Inc. P.O. Box 20102 Towson, MD 21284-0102 410-296-3947 Email: lvp@associatedgunclubs.org Webpage: www.associatedgunclubs.org
Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient. |
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