The following letter was sent from Sen. Nancy Jacobs to Governor Martin O’Malley on September 9. A copy was provided to The Dagger for publication:
September 8, 2013
The Honorable Martin J. O’Malley
100 State Circle
Annapolis, Maryland 21401
Dear Governor O’Malley:
I am writing to share a portion of an e-mail that I received Friday, September 6, 2013, stating that “the Governor and the Maryland State Police were going to be calling on five other state agencies to help do data entry to help clear up the backlog of gun applications.” Each agency is “expected to do 8,000 applications over the next two days”.
Within hours of my receipt of this information, word had already gotten out to the public. My office started receiving a firestorm of e-mails from very upset citizens of this state. They were extremely concerned and angry over the private information contained on their firearm application being handled by anyone other than sworn state police employees.
I did not receive official notification until 4:24 p.m. on Saturday, September 7, 2013, from the Maryland State Police in the form of a press release posted on the MSP web site. I was struck by the fact that the contents of the e-mail leaked out prior to the MSP press release, as were the multitude of citizens who continued to contact me throughout the weekend. Was this a situation that the neither the public, nor legislators, were to know about until after the process was completed?
I have heard from gun applicants from every walk of life. The most disturbing e-mails are from individuals with the Department of Defense who have a secret clearance and those with other types of clearances or occupations dealing with law enforcement. I want you to understand that they feel that their privacy has now been breached because their information is being viewed by non-state police personnel. This places their job security clearance in jeopardy and has put their families’ safety at serious risk. I feel very strongly that these individuals and their families could be severely affected by this decision which was not very well thought out.
A common cause for concern and outrage, regardless of one’s occupation, was expressed by all that their signature on the firearm application authorized “the Department of Health and Mental Hygiene, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant… : ” This COMAR 29.3.01.03, Subsection A, (8) regulation affirms this, and is referencing the mental health aspect of the applications in order to verify the applicant’s truthfulness in completing the application. The signature of the applicant only gives authorization for state agencies to disclose information to the MD State Police. It does not allow the State Police to disclose information to OTHER agencies, which is exactly what has been done over this past weekend and today.
I also question the legality of bringing in other agencies to handle firearm applications with regards to COMAR 29.03.0 1.06, which states, “The State Police shall review the application fur accuracy, omissions, or discrepancies before investigating the applicant’. Has the law been broken here?
Governor O’Malley, this eleventh hour “Hail Mary” attempt over the weekend to finally address the backlog of close to 40,000 applications is insulting to these applicants and to me. In my opinion, this situation should have been addressed months ago with far more staff hired by the MSP to insure applications for guns purchased made prior to October 1, 2013 were processed in a timely and LEGAL manner. The fact that this backlog was addressed this past weekend in the manner it was, is unconscionable.
Sincerely,
Senator Nancy Jacobs
Maryland State Senator
Harford and Cecil Counties
Just because the “gun nuts” are over-taxing the system with their frantic “buy every gun under the sun” mentality, the goverment shouldn’t use additional tax revenue to hire a bunch of additional employees that would sit around with their fingers up their arses as soon as the backlog has been eliminated (which is what would happen!). Stop your panic purchases and wait for your damn application to be approved (what’s your rush “Zimmermans” of this state)?
This article is about clerical workers from other state agencies being used temporarily to help with data entry on regulated firearm purchases.
By the way Y.A.I. stands for you’re an idiot! People should be able to purchase things in a timely fashion not at the governments discretion.
The rush is that there are a handful of great firearms that are legal to purchase now, an not legal to purchase on/after 10/1/2013. That means you need to buy it now if you ever wanted to buy it and live in MD.
I ordered mine a few nights ago. Back-log at the manufacturer is close to a year, but my purchase order says I bought a paid for it prior to the ban. Here’s hoping they don’t try and screw me over once it finally ships long after the ban comes online.
Each purchase includes a $10 fee to cover costs. The buyers paid their fee, they deserve the service be carried out in accordence with MD law and regulation.
Did the paper work include a time frame in which it would be done? BTW a fee like that would cover maybe 6-8 people to do the work.
The law states the State Police will complete the background check in 7 days.
You can’t charge a confiscatory “poll tax” on a Constitutional right. Sorry.
Well than it sounds like we need to hire more people to run the searches and raise the fee to cover that!
Why is it that in PA I can walk in to the store, provide my drivers liscense and social security card and walk out with a handgun in 15 minutes but in Maryland it takes 2 to 3 months?? PA violent crime is roughly 1/3 of Marylands yet it is much easier to obtain a personal defense weapon. Maryland is intentionally dragging its feet and making life difficult for law abiding citizens to utilize their second amendment right.
The rush began as soon as the new gun laws were passed. They take effect Oct 1 so there is a back log. Now, the government that created this situation by taking away our constitutional rights, can’t handle (the predictable) flood of applications that they are required to process. They made the bed, now lie in it. And if you are so afraid of guns, it’s on you as well, so stop your crying.
The rush ractually began when President Obama was reelected, grew to a frenzy after the tragedy at Newtown and Governor O’Malley added to it with his attempt to out-liberal Governor Cuomo to enhance his position for the DNC primary in 2016.
“I want you to understand that they feel that their privacy has now been breached because their information is being viewed by non-state police personnel. This places their job security clearance in jeopardy and has put their families’ safety at serious risk.”
This presumes non-state police personnel are not held to the same ethical standards as the state police. Is that true? If so, why?
Because a felon can work for any of the agencies tapped to perform these background check. They also are not subject to the same background checks as State Police, so God knows who these people are. The information on a firearm application in this State includes very personal and confidential data that can be used in a very negative way against a person. It is also a form of intimidation to gun buyers where once they know this is going on, it is a definite risk to your personal privacy to purchase that firearm legally. Good thing the criminals can side-step this unlawful breach in confidentiality by the State – plus there’s no wait at all for them!
If you don’t commit illegal acts, you won’t have to worry about your “privacy being breeched”. Simple as that….
Wrong WTF – have you heard about identity theft. How about if a felon who reviews one or more applications takes note of addresses – it would be a real nice road map of places to break into and steal guns, don’t you think? Breaching privacy has nothing to do with your behavior, legal or illegal.
It’s also Maryland Code (which is read administrative LAW [emphasis]) that only MSP are to handle, process, inspect, molest said data.
The folks who occupy the statehouse are above the law. End of discussion.
Citizens should be able to purchase any legal item in a timely manner if possible. If the government hinders that right, they should be held accountable just like the dolts who voted for the gun restriction law without considering any of the consequences. I’m sure all of the criminals in Balto. city are on the waiting list. Oops, I forgot. Gun crime is way up in Balto. Maybe criminals don’t get their guns by legal means and the idiotic law won’t have any effect except to restrict law abiding citizens. Just a theory.
Fine, I’ll go buy a car and not register it and drive it on the street without a license.
Because you just used a privilege to compare to an enumerated civil right…your post makes no hypothetical, metaphorical, or even analogical sense.
It may be a right, but I have a right not to allow a person who possess a mental illness or a felony conviction from owning one. And as a abiding gun owner you have a responsibility not to allow someone like that to obtain a gun that you may want to give them or sell them. Or your rights will be taken away.
Then tell the MSP to follow THEIR OWN STINKING LAWS AND GUIDELINES!
I mean…if you want to prevent that from happening.
Here is the normal process in free states through Firearms Dealers:
1) Buyer enters a shop, a gun show (emphasis added), ect, looks at an arm, decides to buy it from ANY Federal Firearms Licensee (FFL)
2) Deal is agreed too, form 4473 (Fed) is filled out, FFL calls the FBI, runs a 5 minute background check, deal is finished buyer leaves with arm. This happened over 19 million times for the entire country in 2012. 19 million NICS checks may well represent more or less arms actually sold
3) The country had less than 10k firearms related homicides in 2012. That is a .000527 correlation, but remember correlation does not = causation.
In Maryland: Here is the process
1) Any regulated firearm (which is read handgun, AR15, AK47, any modern sporting arm that MSP has deemed “scary”) must be reported to MSP on a form 77r
2) ALL SALES (both from FFLs or between private citizens) of this kind MUST go through MSP.
3) MSP checks the Maryland State databases that it maintains (all 16 of them) and the FBI’s NICS database
4) ONLY MSP can access the NICS database for these types of “regulated firearms.”
5) There is NO “gun show loophole” in the state of Maryland because of this process
6) Seller must wait at least 8 days after submission of the 77r form to MSP, before they can discharge, by law (both state and federal law) the arm to the purchaser
7) BY FEDERAL LAW, the arm may be discharged to the purchaser without a response from the FBI/BATFE after 3 days, or after a more stringent waiting period in any given state, without a response from the administering agency within that state
Your rights, whether you like it or not, stop at the threshold of my property. Further, just because you don’t like a policy choice that was made for us during our founding, doesn’t mean you can abridge it, without lawfully changing it. Go read Article 5.
Maryland also refuses to report those who are prohibited from buying arms for mental health reasons to the FBI, instead keeping the record in an internal database. That means that such a person cannot buy a pistol in Maryland, but they can buy a rifle or shotgun, or if they move to another state, they can buy whatever they want and no one is the wiser.
Just because you offer a firearm for sale does not mean you have to sell it to the first person that shows up with money.
If you bought a car and paid for it and the government said you couldn’t drive it and had to let it sit for 4 or 5 months because the MVA was incompetent would you still love your government or think they were a bunch of morons?
It’s a car Hydesmann, it’s primary purpose is transportation. What is the primary purpose of a gun?
It’s still a 3000 plus pound projectile capable of high speeds an a tremendous amount of kinetic energy, which, is subject to as much misuse as a firearm is.
The primary purpose of a gun is self defense. The concept of self defense has been around as long as mankind. I will never be a victim if I can help it.
For a guy who works in defense, ‘Because’ certainly has issues with our ability to defend ourselves.
I have an issue with virulent opposition to common sense laws that keep firearms out of the hands of people that have been identified as not being qualified to own them. And if you want to go there, I would go further to say that just because you want to buy a firearm if you don’t have the brains to properly control it or secure it you probably shouldn’t be allowed to own one. And take my comments out of context if you wish, your right to own a gun ends when you choose to use it in an unsafe fashion, just like shouting “Fire” in a crowded theater. While it may be protected speech (Like the Westboro Baptist Church), if you can’t moderate your behavior and respect the rights of others, you deserve to have yours taken away. Personally I’d like a 25mm Bushmaster for home defense but I don’t have a range to safely use it nor will I be allowed to buy it. And some of you folks do have limits on what others should be allowed to own in the way of firearms. A Barrett .50 Cal is a very nice weapon and it would be fun to plink with it. The problem is even you rabid gun rights activists have limits but you ‘re too busy reacting to the gun manufacturer’s lobby which is laughing it’s way to the bank because you are all scared your guns are going to be taken away from you. Have you priced ammo lately? That’s what you are doing to yourselves and it’s laughable.
Because, It sounded like you had an opposition to citizen taxpayers demanding that their own State government follow the law. I mean, if the people who are charged with the responsibility of enforcing the law can ignore it with impunity, and they are by their own admission, why in the world are you defending them? No one wants mentally incompetent people or felons to have guns and you know it. But the situation is that criminals can get all of the guns they want but the State is concentrating their effort on law abiding citizens and are inept when it comes to getting guns from people who have them illegally and are using them to commit crimes.
Ahhhhhh Geeeezzzz….not this sheet again….You make my head hurt.
Here comes the skooling you never received….perhaps you MIGHT learn something, but I won’t hold my breath.
First of all, again, the Constitution, the Bill of rights, and two Supreme Court rulings have supported the individual right to keep (and ultimately) to bear, arms. With that said…it’s time to tear apart your “arguments.”
“I have an issue with virulent opposition to common sense laws that keep firearms out of the hands of people that have been identified as not being qualified to own them.”
First of all, nothing about the new law that takes effect in 17 days is ‘common sense.’ The types of weapons it bans were responsible for less than 5 verified murders over the last 5 years within the state of Maryland. Yup…’common sense’ in the mind of a power hungry progressive = IngSoc double speak to achieve their ends.
“And if you want to go there, I would go further to say that just because you want to buy a firearm if you don’t have the brains to properly control it or secure it you probably shouldn’t be allowed to own one. ” So, we should force poll taxes and tests, require finger prints and ID cards to vote? Oh wait…
“And take my comments out of context if you wish, your right to own a gun ends when you choose to use it in an unsafe fashion, just like shouting “Fire” in a crowded theater.”
First of all…nothing in your comments is ‘out of context,’ you are very clear in your intents to grab not only people’s private property, but so to their natural, fundamental, enumerated and protected rights. Too bad your ‘context’ is overt in nature (for you, not me). Second, there are no laws preventing someone from shouting fire in a crowded theater. There are laws against inciting riots and there is certainly civil liability for actions that provoke torts. Just like there are laws (you know, assault with a deadly weapon, homicide, murder in the 1st/2nd/3rd degrees, ect) for using guns illegally as well as negligent homicide for the negligent, unsafe use thereof. But, I suppose it’s acceptable in your mind to lump the Muslims whom praise Allah 5 times a day and go to work 7 days a week, pay their taxes, volunteer at the soup kitchen, and do Muslim/Christian outreach each month in with the Al Queda terrorist types. Right?
“While it may be protected speech (Like the Westboro Baptist Church), if you can’t moderate your behavior and respect the rights of others, you deserve to have yours taken away.”
AWESOME! So you ARRRREEE against the enumerated protections in the Bill of Rights? I suppose you like the NSA snooping on your email traffic, your voicemails, your phone calls, ect. Oh spare me your response, it’ll be the “if you have nothing to hide” BS! Well, I have everything to hide, and nothing to hide all in the same. Typical progressive scum whom think they know better than another human being. You see people as means to ends, not ends in themselves. You’d make a great DC politician; brainless, spineless and power hungry.
“Personally I’d like a 25mm Bushmaster for home defense but I don’t have a range to safely use it nor will I be allowed to buy it.”
First of all, 25mm arms are considered “ordinance.” Nice try. Second, during the founding era it was common place for the private ownership of cannon and ships of war. And before you go all “we don’t need tanks and nukes” on me I will tell you that, by historical context, this did occur.
“And some of you folks do have limits on what others should be allowed to own in the way of firearms. A Barrett .50 Cal is a very nice weapon and it would be fun to plink with it. The problem is even you rabid gun rights activists have limits but you ‘re too busy reacting to the gun manufacturer’s lobby which is laughing it’s way to the bank because you are all scared your guns are going to be taken away from you.”
OH PALEASE! Gun owners have compromised for 100 years. We follow no ‘gun manufacture’s lobby.’ 5+ million NRA members, 500k+ Second Amendment Foundation Members, and compare that with the anti-gun organizations? They can barely standup and be counted. Again, we have been compromising for 100 years, starting with the NFA in 1934, follow on legislation a few years later, then the gun control act of 1968, the firearms owner protection act of 1986, the assault weapons ban of 1994, and now the various states’ gun grabs. Please…stop saying we need to compromise more, we have about 1/6th of our original pie.
“Have you priced ammo lately? That’s what you are doing to yourselves and it’s laughable.”
So…you aren’t in favor of free market limitations to arms? Wow…you really are dense. And comparatively, ammo has become more stable in the last 2 months than it was 6 months ago. Prices are even on the downward trend.
I don’t know about the other folks in this state (or country) but I am sick and tired of being told I’m a horrible person, just because I fall into a class of people.
Also…another point to your “gun manufacture’s lobby.”
Go check out the stock price of Ruger and S&W over the last month. They would LOVE to be able to sell more guns right now, but they have a little problem called “forward earning.” I know you uneducated folk have problem comprehending economics, but here is what has happened.
Folks panic bought, drove prices up, continued to buy and soaked up the entire supply of arms for approximately 2 years. Now, some people are dumping these arms on the private market as they realize their fears were a tad over blown (except in states like MD, CT, NY, and CO, where the buying deluge continues).
S&W, Ruger, and other manufacturing firms sold several years of sales in their current fiscal years, and will pay for it over the course of the net few years. Its hard to grow when you don’t have growing sales.
So…the free market is limiting unto itself, and like I said, these manufactures would LOVE for their “lobby” to be able to move more product, but there is a saturation and absorption rate the free market will reach.
It’s a damn shame Md isn’t the land of the free anymore, damned shame
Don’t waste your breath, Nancy. We all know O’Malley only cares about the law when it is to his advantage. He is a second term governor in a State where history will judge him as Martin Who? He wants to be on the national stage but Hillary will determine what is in store for Martin. His best hope is to convince Mikulski to step aside for him so he can be a Senator. If he is lucky.