Delegate Smigiel's Official Blog

The FBI letter and positions taken by Maryland State Police make it more likely that prohibited persons will obtain firearms and cause harm to the public.

Delegate Smigiel — Sun, 16 Jun 2013 02:41:49 +0000

The Maryland State Police have created a very hectic and confusing atmosphere among the FFL community in Maryland. Because of their ambiguous communications and the veiled threats given by the Maryland State Police to the licensed firearms dealers in Maryland there exists a confusion on how firearms are to be distributed to purchasers.

After finally, cutting through all the false and misleading information the State Police were circulating about the possible repercussions if an FFL released on the 8th day, the State Police had to finally acknowledge that, 8th day release, is exactly what State Law and State Regulations allow when the State of Maryland fails to do its job within the 7 days allowed by law.

As a result of the mixed message being sent, Maryland firearms dealers took a variety of different approaches to fulfilling firearms purchases.
Some were and still are intimidated by the Maryland State Police mixed message, that while it is ok legally to follow the law, the Maryland State Police appreciate the cooperation being shown by those FFL’s who continue to be patient and wait the 90 or more days it takes the State Police to get around to meeting their 7 day legal obligation.

Those businesses afraid to release because of the veiled and not so veiled threats at retaliation from the Maryland State Police have told their customers they will not release until the Maryland State Police send the NICS number showing the criminal background checks have been completed. This is being done despite my having posted on delegatemike.com in an earlier story the federal law information showing that a NICS number is not necessary in Maryland because we are a Point Of Contact (POC) State and thus all that is needed is a fax confirmation or green card showing it was mailed to the State Police at least 7 days prior. California, which is a POC State with a 10 day waiting period, received a letter from ATF or the FBI stating they did not need the NICS number just the proof of having sent the required info to the State Police. I am working on obtaining such a letter for Maryland now.

I am still asking all of these firearms dealers to begin providing the purchases now on the 8th day. If you are still worried about the repercussions wait until July 3, 2013 when we are asking everyone who has not already began releasing on 8th day to do so on the 3rd. There is safety in numbers and if thousands of FFLs all release on the same day the State Police will not be retaliating against anyone because the message will be about their failure to have done their job not the FFLs failing to do theirs.

Many Firearms Dealers who read and understood the law just began delivering the purchased firearm to the customers after the 7th day. Some Maryland firearms dealers decided they wanted to be extra careful and not allow a prohibited person to purchase a firearm so they were calling in NICS checks on the purchasers, even though it was not required and could be argued to be against the law, the dealers were more interested in protecting the public than selling a firearm to a potential prohibited person.

What has been the reaction to this practice of trying to protect the public from any firearms ending up in the hands of prohibited persons? The decision was made to by one, some or all or the FBI, ATF and Maryland State Police that it is preferable to stop Maryland Firearms Dealers from running NICS checks on handgun or “other” purchases to stopping prohibited persons from getting a firearm because the Maryland State Police have created, what we referred to in the Marines as a cluster …., of a system for doing background checks in Maryland.

Think about that for a minute! The Federal authorities send out the letter below threatening Maryland Firearms dealers from taking time to check whether the person they are about to hand a firearm to is a prohibited from owning a firearm.

This ill-conceived decision does only one thing! It increases the likelihood that the blood of innocent children will be spilled by a person obtaining a firearm who would not have received it had the firearms dealer been allowed to run the NICS check or had the State Police simply done their job and ran the NICs check.

The federal government is taking the position that because Maryland is a POC State, with the Maryland State Police being the POC, that only the Maryland State Police should be running the NICS checks on certain firearms purchasers.(which includes handguns)

The problem with this theory is that the Maryland State Police agreed in 1998 to set up the NICS system in Maryland and received money from the federal government in order to do so. The money went elsewhere obviously, because the State of Maryland is not utilizing the NICS system for Handgun purchases. (I am currently having research done on how much the State received and where the money went. I will post the results once I obtain the documentation)

Instead of utilizing the NICS system to do the handgun purchase criminal background checks the State of Maryland intentionally utilizes a slow, antiquated mish mosh of 17 different data bases which is very time consuming and cumbersome. (See earlier blog post below)

The State rationalizes this slower system based on their claims to have to do checks, per Md. Law that the NICS system will not do. Specifically, the State says they need to review juvenile records to make sure there is no conviction for a crime as a juvenile that if done as an adult would have prohibited the purchaser from owning a firearm. Second, the State Police say they need to check all the protective orders and of course NICS does not check those. The last area they say they need to check is with a propensity for alcoholism, they look to see if you have had two DUIs within some period of time. While all these prohibiting factors are important, they don’t have to be done in such a way as they are being done today.

The easy solution to this dilemma is to simply ask the questions on the form being filled out and if it becomes known subsequent to the purchase that you lied about the information then prosecute the individual. Currently, there are few if any prosecutions of prohibited persons who either attempt or actually do purchase firearms knowing they are prohibited from doing so. This failure of our legal system actually promotes the attempts to procure firearms by prohibited persons because they know there is not likely to be a penalty for having done so.

The State of Maryland must look at adopting the Pennsylvania NICS check system where the dealers perform the criminal background checks in a matter of seconds by simply putting the purchasers required information into the system. If it can work in other State’s it can work in Maryland.

This Unconstitutional delay in processing the criminal background checks of Maryland citizens must be brought to an end.

We all owe a debt of gratitude to MSI for its leadership in bringing suit to resolve this issue. We need to support them in their efforts to do so in every way we can.

My concern now is why are the Maryland State Police, the ATF and FBI not working to find a way to enhance the background checking capabilities of the firearms dealers and the Maryland State Police instead of putting up roadblocks to doing criminal background checks.

The longer it takes for the federal agencies and Maryland State Police to get their act together and find a more expedient way of doing their lawful duty to protect the public while limiting the amount of time they are infringing upon the rights of citizens to exercise their Constitutional right to keep and bear arms, the more likely it is that there will be some disaster resulting from such in action.

The answers are available as outlined above, it just takes the political will to do so.

I am afraid that the current actions being taken by the federal authorities and the Maryland State Police will only increase the likelihood that a prohibited person obtains a firearm from an FFL and does harm to an innocent adult or child.

The “Fast and Furious” scandal was all about the federal government trying to make it look like law abiding firearms dealers in the U.S. were responsible for assault weapons getting into the hands of the Mexican drug gangs. The U.S. government intentionally allowed firearms to get to the drug cartel members and it resulted in the death of an American Border Patrolman and countless others.

So, I do not totally reject the idea that the decision to prevent FFLs from doing everything they can to keep prohibited persons from purchasing firearms and enticing the prohibited persons into attempting to do so, may be a progressive attempt to bring discredit and further restrictions upon an already overly regulated industry which is vital to the continued survival of the exercising of Second Amendment rights.

It is my intention to make sure that when innocent blood is spilled by a prohibited person obtaining a firearm as a result of a the policies of the federal government and the Maryland State Police the blame for that spilled blood will rest with those who were responsible for the decisions that prohibit the effective and expedient background checks from taking place in Maryland.
This system is broken, time is of the essence, it needs to be fixed, not made worse by irresponsible actions of federal officials or the Governor of Maryland through orders given to the Maryland State Police.

BELOW IS THE LATEST FBI COMMUNICATION SENT TO MARYLAND FFLs

Sent: Friday, June 14, 2013 5:37 PM
Subject: Maryland Handgun Checks

Dear Maryland Federal Firearms Licensee,

Per Title 28, Code of Federal Regulations, Chapter 1, Part 25, Sections 25.5(a), 25.8(g)(3) and 25.8(i), the FBI is responsible for maintaining data integrity, proper use and security of the National Instant Criminal Background Check System (NICS). This includes quality control measures such as periodic internal audits. Two days ago, the NICS discovered federal hand gun consignment checks for the state of Maryland spiked, recently. The average number of federal hand gun consignment checks for the state of Maryland for the past eight calendar years has been 310 checks per year. Thus far, in calendar year 2013, there have been 935 hand gun checks, which is already more than three times the average. The NICS researched further, and learned the number of such transactions skyrocketed in May of 2013, which seems to correspond with Maryland State Police efforts to inform Federal Firearms Licensees (FFLs) about expected delays in processing hand gun transfers.

Additionally, the NICS telephonically spoke with numerous Maryland FFLs about the federal hand gun checks they were requesting. Many of them admitted the transactions pertained to hand gun sales as opposed to hand gun consignments. Maryland FFLs well know, hand gun sales checks are to be performed by the Maryland State Police. It seems some FFLs are misusing the NICS system to avoid the delays they are experiencing by following Maryland state law.

This circumvention of the system poses a threat to public safety. Hand gun checks performed by the NICS for Maryland FFLs does not include a search of all the databases queried by the Maryland State Police. Hence, a request to the NICS may result in a “proceed” determination, while the same request to the Maryland State Police may result in a “deny” determination. Therefore, in the interest of public safety, the NICS is no longer processing any hand gun transactions for FFLs in the state of Maryland. The processing of hand gun consignments will be left to the Maryland State Police to determine.

Also, per Title 28, Code of Federal Regulations, Chapter 1, Part 25, Section 25.11(a)(b)(1), FFLs or individuals “purposefully furnishing incorrect information to the system to obtain a ‘Proceed’ response, thereby allowing a firearm transfer” and FFLs who use “the system to perform a check for unauthorized purposes” shall be subject to a fine not to exceed $10,000 and subject to cancellation of NICS inquiry privileges.

Additionally, the NICS learned the number of transactions declared as “Other” on Form 4473 spiked, simultaneously with the hand gun checks. In June of 2009, the category of “Other” was listed on Form 4473. The average number of such transactions handled by the NICS for the state of Maryland has been 336 per year. Thus far, in calendar year 2013, the NICS has processed 437 checks, with 247 being handled in the month of June, alone. And, today is only June 14. The NICS has discovered that hand gun checks are being declared as “Other,” which, again, is a misuse of the system. In order to preserve the integrity of the system, the NICS has stopped processing such requests for FFLs in the state of Maryland.

It is worth noting, long gun checks for the state of Maryland has been steadily slowing this Spring, which is a normal pattern for Maryland, as it is for most states at this time of year.

FFLs should be reminded that they sign Form 4473 certifying the information on it is true, correct, and complete. Knowingly providing false information is a prosecutable offense.

Lastly, instances of identified misuse of the NICS system have been reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives for any action deemed appropriate. Future incidents of misuse of the NICS system will be referred, as well.

Thanks for your help in this matter.

Sincerely,

Paul Wysopal
NICS Section Chief
Federal Bureau of Investigation

This message has been transmitted to you by the FBI CJIS NICS Section. The message, along with any attachments, is to be considered confidential and legally privileged. No part of it is to be disseminated or reproduced without written consent of the sender. If you are not the intended recipient, please destroy it promptly without any retention, dissemination, or reproduction (unless required by law), and please notify the sender of the error immediately by separate e-mail or by calling 304-625-2000

8th Day Release Latest Update as of June 13, 2013

Delegate Smigiel — Thu, 13 Jun 2013 00:13:23 +0000

I will enter the 90 day club on Friday. Not a badge of honor but a badge of shame for the State of Maryland. On March 16, I filled out the paperwork to pick up a handgun at a local FFL location. The law says that the Maryland State Police, (the Maryland Point of Contact, POC, for firearms sales) have 7 days in which to complete a background check on purchasers. This procedure could be completed in a matter of seconds if the State used the virtually cost free NICS system. The State instead intentionally uses an antiquated check system consisting of 17 different databases. There is no logical reason to intentionally slow things down and make the public less secure, but the progressive agenda hardly ever utilizes logic when dealing with the right of citizens to protect themselves.

Reading the most recent previous posts on this blog you will note that I have been working hard to get the State’s FFLs to understand they are within their legal rights to release firearms to purchasers on the 8th day from when he State receive the information on the purchaser and are to begin the criminal background check process.

The State Police have been issuing correspondence to the FFLs that is ambiguous and in my humble opinion as a policy maker, misleading and dangerous.

I am totally appreciative of the fact that Maryland Shall Issue stepped up to the plate and put up the funding and hired a great law firm to address this horrendous failure of the State of Maryland to comply with the law. That is what has brought the State Police to this point of feigning to tell the FFLs that they are free to release on the 8th day.

The State police sent out a newsletter May 31, giving the impression that FFLs were free to start releasing once again on the 8th day. When the various FFLs called to ask if that is what it in fact meant, I checked with the State Police and was told that no letter had been sent out authorizing 8th day release. In response to the confusion set off by their May 31st, weekly newsletter, the State Police sent out the June 7, 2013, ADVISORY. (See the full ADVISORY below)

Again, this State Police Communication has caused confusion because of it’s mixed message. While the beginning of the ADVISORY tells the reader that they are free to release on the 8th day it goes on in the last paragraph to say “The Maryland State Police thanks all Maryland firearms dealers for their continued patience and continues to encourage all sellers, lessors and transferors to wait until the Maryland State Police completes its investigation, conducts all checks, and approves the sale, lease or transfer of the regulated firearm before releasing or transferring the firearm.”

As a member of the Judiciary Committee and an elected member of the Maryland House of Delegates it is my job to help “establish policy” in the State of Maryland.

Under no circumstances is it, in my humble opinion, for the State Police to continue violating the law, nor is it appropriate for the State Police to “encourage” citizens and law abiding businesses, which the State Police regulate and inspect, to cooperate with the State Police while they violate the law. This troubling behavior by the State Police is compounded by the fact that the 8 day release is in place to guarantee that the Constitutional rights of the citizens of Maryland are not infringed upon any more than is necessary for the State Police to perform the important governmental function of performing a criminal background check on those who wish to purchase a firearm.

The ability of the State Police to achieve compliance is only being avoided because of their refusal to use the readily available and practically cost free, NICS system to do the background checks. (See the previous stories on this Blog site)

The State Police need to send an unequivocal ADVISORY that states very directly, there will be no retaliation, intimidation or any repercussions for those firearms dealers who decide to exercise their legal rights to do business and release the purchased firearm to any citizen after the 7 day wait.

Currently there are firearms dealers who are releasing and those who are afraid to and those who are doing any number of modified releases. This mess is the fault of the Maryland State Police and needs to be immediately rectified by sending out a very clear, unambiguous message that all persons legally selling firearms are free to transfer pursuant to the law without fear of retaliation for failing to voluntarily cooperate with the Maryland State Police while they continue to violate their obligation to protect public safety and protect the citizens Constitutional rights by completing criminal background checks on firearms purchasers expediently.

If this is not done prior to July 3, 2013 I still suggest that all those FFLs who are waiting to release until the State Police get back to them, join together and all release on July 3, 2013.

Everyone is free to release now! There is no legal or ethical reason to wait! The fault is on the Gov. for his failure to utilize systems available to expedite the criminal background check system. There will be no retaliation by the State Police on any FFL that complies with the law and releases on the 8th day. If any FFL believes the State Police are explicitly or tacitly threatening in any way then let me know, you can always reach me, 24/7 on my cell phone at 410-920-0128. I will work with other pro-Second Amendment legislators to assure that any State Police Officer communicating such a threat is held accountable and that the FFL concerns are addressed.

Constitutional rights are not negotiable and should never, ever be infringed upon by the State’s police force. What is occurring is wrong on every level and should be opposed by all those who love liberty and freedom. The average police officer understands this and agrees with us. I know the Superintendent of State Police to be a good man but he is a political appointee. The Governor of Maryland is ultimately responsible for these Constitutional infringements and should remember his oath and resolve this unconstitutional practice now or we will all stand together and obey the law together on July 3, 2013.

MSP Advisory June 7

Keeping it real during the 2A debates in the House of Delegates.

Delegate Smigiel — Thu, 06 Jun 2013 23:50:19 +0000

In response to the constituent who requested the audio of my speech on the floor of the House of Delegates during the 2A debate over SB-281 the following audio clip is the “Shame on you using the blood of children to take away the Constitutional rights of the citizens of Maryland” speech.

Update on the State Police Newsletter and what it means and does not mean to FFL’s and those waiting to pick up their purchased firearms.

Delegate Smigiel — Wed, 05 Jun 2013 03:37:58 +0000

The State Police issued a weekly newsletter that many FFLs are reading as saying the State Police are removing their veiled or not so veiled threats against any FFL who follows Maryland Law and releases a firearm to a purchaser after 7 days, whether or not the Maryland State Police have done their job and completed the criminal back-round check of the purchaser. I have asked the State Police whether the language in the weekly newsletter was meant to be an, OK to release firearms, and was told unequivocally that the State Police have not sent out any letter authorizing the release of the firearms having been purchased over 7 days ago.

IT DOES NOT MATTER WHAT THE MARYLAND STATE POLICE AUTHORIZE OR SAY REGARDING THE RELEASE OF PURCHASED FIREARMS AFTER THE SEVEN DAY STATUTORY WAITING PERIOD FOR THE BACK-ROUND CHECK TO BE COMPLETED HAS PASSED.

Read the last post, http://delegatemike.com/?p=3637 here on Delegatemike.com for details of why the State Police are responsible for any backlog and not the firearms sales location.

Several FFLs have understandably understood the State Police communication to be a go ahead and release letter. This letter was intentionally vague and ambiguous. It allows the State police to later argue to a court we sent this letter out telling FFL’s they were free to release after 7 days and if you do we want you to fill out the 77r forms for us. The problem is the message from the State Police is tainted with the threat of possible federal retaliation if a dealer releases a firearm and they do not have a National Instant Check System ( NICS ) number to send to the Feds when complying with the Brady Law.

In fact some FFLs are already stating they will not release firearms until they get their NICS number from the State Police. A NICS number from the State Police is not necessary under either Maryland Law or Federal Law.

from the FFL’s , Federal Law “White Book” , 5300.4 ( 2005 issue, (current))

            ( Question 29 under “Brady Law”) (P29)

            WHAT STEPS MUST BE FOLLOWED BY AN FFL PRIOR TO TRANSFERRING A FIREARM SUBJECT TO THE REQUIREMENTS OF THE BRADY LAW?

            I have cut out #1 & 2 as they do not pertain to OUR question. The following is verbatim from #3

            3. The licensee must contact NICS through the FBI or a State point of contact (POC). The licensee initially will get either a “proceed” or “delayed” response from NICS. If the licensee gets a “proceed” response, the firearm may be transferred if there is no additional state waiting period. If the licensee gets a “delayed” response it indicates the transaction is in the “open” status and that more research is required prior to a NICS “proceed” or “denied” response. If the licensee gets a “delayed” response and there is no additional response from the FBI or POC, the licensee may transfer the firearm after 3 business days have elapsed. Of course, the licensee must still comply with any waiting period requirements under state law. FFLs contacting the FBI directly will receive information from the FBI indicating the 3 business days time period elapses on “delayed” transactions.

            If the licensee gets a “denied” response prior to the 3 business days elapsing, the firearm cannot be transferred.

            NOW… For the big question.. Same book, Question 57 under “Brady Law” (P57) page 196 Q & A ..

            IF A STATE IS ACTING AS A NICS POINT OF CONTACT (POC) AND STATE LAW HAS REQUIREMENTS REGARDING THE AMOUNT OF TIME THAT A LICENSEE MUST WAIT BEFORE TRANSFERRING A FIREARM AFTER CONTACTING THE STATE, SHOULD THE LICENSEE COMPLY WITH THE STATE REQUIREMENTS, THE FEDERAL REQUIREMENTS, OR BOTH??

            The licensee must comply with both State and Federal requirements.

            EXAMPLE:   State D is acting as a POC for NICS checks. State law requires a background check prior to the transfer of any firearm. State law also requires the licensee to wait 10 days to get a response from the state. The licensee must contact the State POC for a NICS check and the State background check. The licensee must comply with both Federal and State law by waiting 10 days for a response prior to transferring the firearm. If the licensee has not received a response from the State after 10 days, he or she may transfer the firearm.

            Title 27 CFR Chapter II Part 478 – COMMERCE IN FIREARMS AND AMMUNITION (Formerly designated as Part 178)

            Specifically 478.102 Example (b). ( Page 55 of the same BATFE WHITE BOOK), talks of the “Transaction Number”. There is a Federal NICS Transaction number that is traditionally given by the FBI instantly with a “proceed”, “delay”, or “deny” response. In our case, in Maryland, dealing with regulated firearms, the State does NOT provide any acknowledgement to any Faxed or Mailed 77R application, nor do they provide any State “transaction number”. Therefore, the only “acknowledgement” of transmission to the State POC is a Certified Mail Receipt, or a FAX receipt..

The concise explaination is that the dealer merely sends by fax to the State POC the required information so the State Police (Maryland’s POC) can review the criminal back-round and respond within 7 days. If the State fails to respond the federal government will accept a copy of the fax sheet which was sent to the State Police as proof of having sent the information to the POC. Though under federal law you would only have to wait more than three days, because it was a POC and not a NICS check, the FFL has to wait the full State mandated 7 days before releasing.

The Maryland Shall Issue Suit is very likely to lead to a settlement of this matter whereby the State Police begin complying with the law by adopting new practices and policies to ensure a more efficient method of completing the Back-round checks. Until the State Police reach that agreement I am still asking that all of the State’s FFL’s start planning on joining with all the other FFL’s in Maryland to begin releasing the firearms purchased more than seven days prior to the July 3, deadline. http://delegatemike.com/?p=3637

Another issue which has popped up with several constituents, is the State Police beginning to do back-round checks on those applying for collector status. I raised this issue with the State Police and while they will not confirm it was being done, they have confirmed the back-round checks on those applying for a collector status will not be done in the future and have been halted.

Please share this information with your local FFL. Contact and watch the MSI leadership regarding the law suit and please plan to join us on July 3, 2013 in either lining up to distribute firearms to those who have purchased more than seven days prior or lining up to get your firearms which were purchased more than seven days prior to July 3, 2013.

As matters develop I will do my best to keep everyone updated here on Delegatemike.com. I want to thank all those who have provided documents, research and knowledge to me so I can share it with others and am in a better position to serve you.

Delegate Smigiel asks FFLs to release firearms to purchasers on July 3 2013 unless the State police settle with MSI prior to that date.

Delegate Smigiel — Sun, 02 Jun 2013 01:59:53 +0000

Enough is enough! July 3, 2013 will be the day that I am asking FFL holders to release to the law abiding Citizens of Maryland any firearm which has been purchased but whose purchaser has not yet had their back-round checks completed by the Maryland State Police within the 7 days required by law.

I will be joined by Senator Pipkin and other pro-Second Amendment legislators in going around the State to visit as many Gun Stores as we possibly can on July 3, 2013 and to speak to the tens of thousands of law abiding citizens who have patiently waited for the State Police of Maryland to begin complying with Maryland State Law.

I began contacting stores that sell firearms today and am asking that all those who read this, share it with every person, group, webb site you know so that we can elicit as many to join us as possible.

The State Police have been successful in being able to ignore and thwart their obligations under the law by intimidating gun dealers with the letter they sent out asking for “voluntary” refusal to give the public their purchased firearms after 7 days if the State Police had failed to meet their Statutory obligation to complete the criminal back-round check of the firearm purchaser within the legally stated 7 day time period.   Clearly the insinuation that attaches to the request for voluntary compliance is that a failure to voluntarily comply will invite stricter scrutiny of your heavily regulated legitimate business activities.

No one can blame the firearms sales industry in Maryland for giving that voluntary compliance under the subtle threat of retribution from the State Police and or other government agencies.

The dealers have the additional burden of fearing that exercising their legal right to provide a firearm to a person whom has not had their criminal back-round check completed within the legal 7 day maximum, could result in the possibility that a prohibited person obtain a firearm and then perform some nefarious act with the firearm released because the State Police failed to do their job within the legally mandated time frame.

The dealers reluctantly complied expecting that the wait time might go from 7 days to 10 or maybe even 14 days, but no one ever thought the wait time would go to 60 or 70 days or more to do a simple criminal back-round check.

This backlog is the full and total responsibility of the O’Malley Administration. It was the Administration which decided to pursue the strictest gun control legislation in the nation. The results have been to triple the number, of so called, assault weapons in the State of Maryland and to vastly increase the number of handgun purchases also.

The back-round checks could be done much more thoroughly and efficiently if the State Police simply utilized the existing National Instant Check System (NICS) for all firearm purchases and not just the dealer sales of regulated firearms. I am suggesting they begin utilizing this or any other more efficient system than the one they are currently using. The current system consists of 17 different data bases which is an antiquated, time consuming way of doing things. If you wanted to slow down the process of back-round checks in order to keep citizens from being able to exercise their Second Amendment rights, the current system is the system you would use to do it.

The other problem which the Administration and law enforcement are responsible for is the willingness of prohibited persons, those with criminal back-rounds or other prohibiting problems, to attempt to purchase firearms because when they are caught there is seldom any prosecution for having attempted to purchase said firearm.

This makes the likelihood that a dealer would sell a firearm to a prohibited person greater since they prohibited persons don’t fear getting caught because the prosecution rate is minimal at best.

The bottom line is that the State Police are obligated by law to perform a function necessary in order for law abiding citizens to exercise a Constitutional Right.

The State Police are failing to meet their statutory legal obligations and are using the threat of their police powers to intimidate law abiding business owners from complying with State law meant to ensure that law abiding citizens can exercise a Constitutional right.

There is no excuse for allowing this behavior, it must stop.

Thankfully, Maryland Shall Issue has stepped up to protect our rights and has filed suit. The State is expected to answer the suit next week.

If firearms dealers around the State make it known that they will heed this call to set July 3, 2013 as the deadline for the Maryland State Police to notify them that they are free to begin once again complying with the State law and release firearms to those who are waiting more than 7 days to have their back-round checks completed, then I believe the State Police will be motivated to settle this matter with Maryland Shall Issue prior to the matter going to court.

For those dealers who still have concerns about the Maryland State Police I suggest you only release the firearms to the 90 to 95 % of those waiting who are customers who have had previous back-round checks or whom you know personally as customers, who may be police, military, permit to carry holders, or whom you have sold other firearms to in the past. Hopefully once all those who are known as having previously had back-round checks are given their new purchases the State Police can then use an updated 21^st century system to perform the criminal back-round checks on those still waiting for their firearms.

I truly believe that once the State Police become aware (and I have notified them) that the firearms dealers will all stand together on July 3, unless the State Police issue a letter to countermand the previously sent intimidation letter, they will do so, because they don’t want to have to stand in court and answer to the State law and Constitutional questions raised by MSI in their suit.

So please share this with the dealer or merchant through whom you purchase your firearms and any friends you know who may be waiting for their firearms.

JULY 3, 2013 will be the day when all firearms sales locations will be asked to stand up and exercise your rights under State Law by releasing to law abiding purchasers who have not been disqualified by the State Police within the time allowed by law and thus guaranteeing the citizens of Maryland the ability to exercise their Second Amendment right to keep and bear arms.

Should any FFL or firearms sales location have any questions about this matter you can reach me 24/7 on my cell phone at 410-920-0128.

Yours in Public Service,

Delegate Mike Smigiel, Sr.

The List of the Databases Checked by the Maryland State Police for Gun Purchases

Delegate Smigiel — Wed, 29 May 2013 17:28:37 +0000

Several folks have asked to see exactly what databases are checked by the Maryland State Police during the backround checks of those purchasing firearms in Maryland. Below is the link to the databases.

Databases Checked for Gun Purchases

The Chair of the State Board of Professional Counselors and Therapists filed an ethics complaint against Delegate Smigiel for asking too hard of questions of the Board Members.

Delegate Smigiel — Tue, 21 May 2013 23:31:40 +0000

During the last legislative session Delegate Smigiel was the author and key Sponsor of two bills, HB-56 and HB-60, collectively known as Lynette’s Law. It became apparent during the presentation of the bills that the Board members were not doing what was in the best interest to defend patients from sexual abuse by those Therapists and Counselors whom the Board is supposed to be regulating.

When the Board members testified before the Health and Government Operations Committee (HGO) they testified that because councilors and therapists have a position of authority over their patients that sex between a councilor or therapist and their patient is never appropriate. “We are in love is not an excuse!” were the words used by the Board. Yet, when the same board came before the Judiciary Committee a few days later the Ms Tracey DeShields, Executive Director of the State Board of Professional Counselors and Therapists testified in answer to Delegate Smigiel’s questions that she was not sure that a Therapist is in a position of authority over their patients. When Delegate Smigiel pressed the Executive Director as to whether it is considered to be rape to have sex with someone who can not give consent, Ms. DeShields became indignant.

Delegate Smigiel later played the tape below for both committees showing the inconsistent testimony of the Board as to the appropriateness of sexual relationships between Therapist and their patients. As Ms Sinclair, (the Lynette behind Lynette’s law) discovered more and more problems with the way the Board had failed to protect the citizens of Maryland and instead made excuses for their incompetence and neglect, Delegate Smigiel made the information and documents available to the public, press and other legislators. The response of the Board was to try to silence the Delegate by filing an ethics complaint against him.

The Joint Committee on Legislative Ethics reviewed the complaint, and by unanimous vote, dismissed the complaint because the allegations were not within the jurisdiction of the Joint Committee. Then in a very confusing move, after the Joint Committee dismissed based on it having “no jurisdiction” it writes that “Notwithstanding our official dismissal of the complaint…” “it is apparent to the Joint Committee that uncivil and indecorous conduct occurred and it reflects poorly on the entire General Assembly, the Joint Committee will forward the complaint to the Speaker of the House.”

Delegate Smigiel’s response to the threats and intimidation by those Government officials he questions about their unwillingness or inability to do their jobs and to allow the rape and sexual molestation of citizens to continue to occur as a result of said officials negligence and ineffectiveness is that he was not sent to Annapolis to get along with incompetent Government Officials or to ask easy questions. Delegate Smigiel stated, “I was sent here to kick down the gates of hell if necessary in order to stop this very type of behavior and I am sorry if that makes some Government incompetents uncomfortable. The State Board of Professional Counselors and Therapists has several members up for reappointment in June and rather than be intimidated or quieted by their attempts at smeering my reputation and honor, I choose to go public, tell everything that should be known about their failure to do their jobs and to pressure the public officials responsible for their reappointment to not reappoint them and to reconstitute this Board so as to put a stop to the behavior that continues to allow innocent unsuspecting citizens to be harmed. I will be posting the information on how to contact Dr. Sharfstein, the Secretary of Health and the Governor’s Appointments Secretary to ask they not reappoint those members of the Board known to have acted in ways harmful to the public. The video below is only 58 seconds but you can see and hear the Boards inconsistency in their own words. It is alleged I am unethical for pointing out the Board’s inconsistency and incompetency.

Dismissed Ethics Complaint

MOU between the FBI and the Maryland State Police is obtained despite orders that they be shredded.

Delegate Smigiel — Wed, 15 May 2013 00:54:13 +0000

Thanks to friends who are resilient and persistent I have obtained a copy of the MOU between the State of Maryland and the FBI and other federal agencies involved in the investigation of corruption at the Baltimore City Men’s Jail and it’s take over by the BGF, Black Guerilla Family Gang. MOU is embedded below. We will continue to request the other documents that will show the reasons behind the request to bring in Federal Agencies to clean up the City jail.

141512337 Memorandum of Understanding

The MSI Complaint filed to address the State Police failure to comply with State Law back round check seven day limit.

Delegate Smigiel — Tue, 14 May 2013 01:31:41 +0000

Here is the actual complaint filed by MSI against the State Police over their inability or unwillingness to comply with the State Law regarding completion of back round check completion within the seven days. The document speaks for itself. Click on the small page in the square and then the small page to the left and the Complaint will appear.

The Calvary Arrives regarding the several month waiting period for criminal back round checks as MSI files a Mandamus suit!

Delegate Smigiel — Sat, 11 May 2013 21:15:48 +0000

Click on “read more” wait then click the tiny little page icon on your left just below this sentence to see the Memorandum filed by MSI regarding the failure of the State Police of Maryland to complete the criminal back round checks on citizens applying to purchase a firearm.