Thursday, July 05, 2007

Win Some...Lose Some

STATE POLICE IMPLEMENT NEW RESTRICTIONS ON HANDGUN PURCHASES


"MSP has quietly notified dealers around the state that new restrictions on purchase of regulated firearms (handguns and select long guns) will take effect on August 1. Starting that date, any application to purchase such firearms will be administratively denied if it does not contain a release authorizing police to access medical records which may be on file at any state agency – or at any agency anywhere – in order to decide if the applicant is eligible to possess a gun. MSP will now assess your mental health when it decides whether to approve your purchase.

Federal and state laws already define a bright-line standard for what constitutes a mental health gun disability, and legal records documenting someone's inability to possess a gun are already available to police (soon to be federally available under NRA-backed legislation now in Congress.) Maryland already did careful upgrading of its system for reporting gun disabilities, after a high-profile failure (over protective orders) several years ago. Unlike Virginia, we didn't need a tragedy (like Virginia Tech) to expose ‘loop holes' in record keeping.

Consequently, the present step represents a vast police overreach clearly intended to increase barriers to lawful gun ownership. Information which MSP may request from an applicant is specific and defined in law. The new policy goes far beyond what the law defines, and it lacks any legal authority. (They didn't even bother to cover their power grab with the veneer of credibility by proposing a new regulation.) MSP demands that applicants give up a Fifth Amendment right against self incrimination, and they violate federal HIPAA rules on use of medical information."

Its Maryland. Overflowing with Mary's. Officer's sworn to uphold the Constitution, then reveling in spitting upon it. What ELSE did you expect?

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