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Maryland - Gun buyers asked 4 mental records

Discussion in 'Uncategorized Threads' started by Brian in Oregon, Jul 7, 2007.

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  1. Brian in Oregon

    Brian in Oregon Well-Known Member

    Joined:
    Jan 29, 1998
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    Location:
    Deplorable Bitter Clinger in Liberal La La Land
    From John H. Josselyn, Legislative Vice President<br>
    Associated Gun Clubs of Baltimore, Inc.<br>
    <br>
    <br>
    Public Information Act request<br>
    <br>
    On June 21, 2007 the Maryland State Police Licensing Division mailed a letter to licensed firearms dealers informing them that in addition to Form 77R Part 1 and Part 2, persons wishing to purchase a regulated firearm must now complete a new form designated Form 77R-3.<br>
    <br>
    By signing this form, the purchaser authorizes the Department of Health and Mental Hygiene, or any similar agency or department in another state to disclose to the Department of State Police any and all mental health information regarding the applicant. The authorization remains in force for 1 year unless the applicant submits a written request to revoke the authorization. There is nothing in the form to indicate that the Maryland State Police are required to comply with the request to revoke the authorization.<br>
    <br>
    AGC is sending a Public Information Act request to Ms. Betty Stemley, Principal Counsel – Maryland State Police requesting information concerning the legality of the new 77R-3 form, and under what authority this form is being mandated.<br>
    <br>
    A fax has also been sent to Congressman Ruppersberger’s office requesting information on whether or not this mandated release of medical records violates any federal laws.<br>
    <br>
    I will distribute the MSP’s response when it is received.<br>
    <br>
    In the interim, questions should be directed to the commander of MSP licensing 410-799-0191 x304. As always, remember to be polite and respectful.<br>
    <br>
    +++++++++++++++++++++++++++++++++++<br>
    <br>
    John H. Josselyn, Legislative Vice President<br>
    Associated Gun Clubs of Baltimore, Inc.<br>
    P. O. Box 20102<br>
    Towson, MD 21284-0102<br>
    410-296-3947<br>
    http://www.associatedgunclubs.org<br>
    <br>
    ***********************************************************************<br>
    <br>
    The salient portion of the form reads:<br>
    <br>
    I (name, address, etc.) authorize 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 limited to
    whether I suffer from a mental disorder as defined in § 10-101(f)(2) of the Health--General
    Article and have a history of violent behavior against anyone; or whether I have been confined
    for more than 30 consecutive days to a mental health facility as defined in § 10-101 of the
    Health--General Article.<br>
    <br>
    I acknowledge that this information will be used, solely as part of the investigation required by
    Title 5, Subtitle 1 of the Public Safety Article, Annotated Code of Maryland, to determine my
    eligibility to possess a regulated firearm. In the event that my application to purchase a regulated
    firearm is disapproved, I acknowledge that this authorization and any information obtained via
    this authorization may be used in any proceeding relating to such disapproval.
    I further acknowledge that I may at any time, except to the extent that the Department of State
    Police has already taken action in reliance on it, revoke this authorization by submitting a request
    for revocation in writing. If not previously revoked, this authorization will terminate one year
    after the date I sign this application or upon notification to me of the denial of this application,
    whichever occurs first.
     
  2. grnberetcj

    grnberetcj Active Member

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    Right church, wrong pew!

    Curt - Delaware
     
  3. GunDr

    GunDr Well-Known Member

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    If a person has been found mentally incompetent by a court, wouldn't that be public record? Shouldn't it be the county or state that should be responsible for getting that information to the correct authorities? This sounds like they want to do this on a case by case basis, just to extend their waitng period.
     
  4. slide action

    slide action Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
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    It will undoubtedly face a legal challenge. There is no requirement for this in the background check(remember how the liberals promised this was a cure all). As stated above legally judicated mentsal cases are already public record. Personally I don't think it will stick.
     
  5. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Location:
    Deplorable Bitter Clinger in Liberal La La Land
    Public record for adjudicated cases is not the goal of this. They want to know if you're on Prozac, Ritalin, etc., and eventually base their decision on what your presciptions are.
     
  6. ricks1

    ricks1 TS Member

    Joined:
    May 7, 2007
    Messages:
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    ATF is getting ready to do this nation wide we just got letter couple of weeks age this in responce to VA tech shooting NRA is also backing this mental records are not public record now but will be SO a bunch of the guys on here are going to be gunless rick
     
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