Chronology and Opinion: The Cabinet Man's Maryland CCW Denial

OK, it’s The Cabinet Man (formerly 'Emergent Behavior'...). Fuze has asked me to post on his blog concerning my trials and tribulations of (not) getting a CCW in the State of Maryland. Here it is. It’s long. It’s direct. It’s painful. Get some caffeine and dive in.

So, where to start? Let’s try about 1995. It was about this time when I first tested the CCW waters in Maryland (MD). I dutifully went to the Maryland State Police (MSP) barracks and picked up an application. Whoa!! Fingerprint cards! References! Proof of assaults! Befuddled, I called the NRA for help contacting a gun-friendly attorney in MD. I got a name/number and called [name withheld]. My conversation with him was disappointing since I had never been robbed, mugged, or raped. I gave up.

The year 2000 found me back in MD after a two-year respite back home in Colorado. I decided again to get the permit. I completed two courses at Gunsite: 250 Pistol and Arizona CCW. I applied for and received (non-resident) permits from AZ and FL. I rounded-up some sympathetic character references and submitted the hefty – and incredibly intrusive – MD CCW application. That was 14 July 2003. The cover letter for that application follows. (NB: I hadn’t received my FL CCW yet.)

I am enclosing my application for a concealed handgun permit for the State of Maryland. I have included all of the required items as listed in the “Maryland State Police Handgun Permit Qualifications” page of the Maryland State Police Internet web site.

I am a strong believer in the 2nd Amendment of the Constitution of the United States that protects an individual’s right to bear arms. As a human being, I have the right to defend myself against illegal deadly force once all non-violent means of avoiding the confrontation have been exhausted. As a law-abiding citizen of the State of Maryland, of sound mind and solid character, I am well within my rights to request of the State a concealed handgun permit. I am a knowledgeable, safe, and responsible gun owner. I have spent countless hours at the firing range becoming proficient with the use of my handguns.

To further refine those skills, I recently attended the intensive five-day “250 Defensive Pistol” course offered by The Gunsite Academy in Paulden, AZ. (Please refer to the attached photocopy of my graduation certificate and course syllabus.) This is a nationally recognized training program routinely attended by police officers and members of the U.S. Armed Forces in addition to civilians like me who desire training in defensive handgun use prior to seeking concealed handgun permits. On my own volition, I have studied numerous cases of self-defense in the State of Maryland so I would be cognizant of the legal limits and ramifications of the employment of deadly force. I am well versed in the concepts of “avoidance, deterrence, and de-escalation” and I am fully aware that the use of firearms is a defensive measure of last resort.

As part of this application, I have included a photocopy of my recently issued Concealed Weapons Permit (CWP) from the State of Arizona. (Arizona issues CWPs to non-residents.) A minimum of 16 hours of instruction from a state-approved training facility is required to qualify for an Arizona CWP. I received this training at The Gunsite Academy as well. (Again, I have included a photocopy of my graduation certificate and course syllabus.) This non-resident permit is honored in nine other states including Virginia. It is my hope that the State of Maryland would extend to me the same courtesy as these states – of which I am not even a resident – and issue a concealed handgun permit to this Maryland resident.

In the first week of August 2003, I received a call from the local MSP barracks. They wanted an interview with me, which I scheduled for and attended on 11 August 2003, the results of which are included below. This is an e-mail I sent to my Support Staff (all of my character references and other people involved/interested in the process.)

Fellow Character References -- and Devil's Advocates, too:

OK, just an update on my Maryland CCW efforts.

Last week I got a call from the Maryland State Police (MSP) barracks in [town name withheld]. They wanted me to come in for an interview with Sergeant X [name withheld]. This was a bit unexpected since there was no mention of this anywhere in the application. Not knowing exactly what was to be discussed, I prepared a set of "interview style" questions for myself and answered them as I saw fit. I then sent out copies to a few of my best devil's advocates asking for review, revision, and addition. After scrutinizing/discussing the questions, I felt I was ready for anything.

It was totally unnecessary. Sorry guys. (However, the advocate that tossed-in the ex-wife question gets ten bonus points!! You know who you are...)

The interview was merely a fill-in-the-blanks type of thing. No questions about "Why..." or "What if..." Just stuff like "How long did you live in Colorado?" and "Are you still employed at [company name withheld]?" Sgt X was acting as the "coarse filter" before the application got bubbled up the state-level rubber-stampers. He asked about Gunsite and my AZ CCW. He asked about my drug and alcohol use. He asked about ex-wives. He asked about past assaults and current threats. It was actually kinda' boring.

Then he said, "Let me shut the door so I can vent." That gave me a scare but it turned out pretty cool. Seems the guy's one of us. NRA member. Believes that the 2nd Amendment is an individual right, not a collective one. Thinks that Kimber makes a damned fine 1911. (I have to agree!!...) But here's the clincher -- and I quote: "Maryland has the fifth highest violent crime rate in the US. If we could get some more concealed carry permits out there, maybe we could make a dent in that." BOO-YAH!! Run for something Sgt X, I'll vote for ya'!! He said that of all the people he's interviewed over the years, I have better quals and training than 99.9% of the applicants. If it was up to him, I would walk out of his office permit in hand. Works for me!!...

Unfortunately, that was the end of the good news. He said that without proof of previous threats and assaults, it's unlikely I'll get past the review board in Jessup. (Same thing I heard from the NRA-referred attorney a few years back.) He said he'll hold the permit until Friday in case I "think of something" -- and to call if I did. I replied that unless I get robbed, mugged, raped, or shot between now and then, there'd be nothing else. (I don't know if that was bait but I'm not biting if it was...) He said that he'd embellish his report as much as he could. He also said he'd contact [ex-wife] for info on past domestic violence. I called [ex-wife] and gave her the heads up. She was cool about it.

So it looks like I'm back to "low- to mid- probability". One thing that was unsettling about the whole thing -- and obviously unsettling to Sgt X -- was that rate at which permits ARE issued. If you're a cash business operator, a security guard, or a body guard, issuance is almost guaranteed. There are no training requirements. (Apparently the applicants have to qual at the MSP range and 70% of the rounds have to hit paper -- not just center of mass!! -- at close range. No duress, no holster draw, no time limit. Unlimited re-tries...) What's worse, he said, is that he's almost forced to approve foreign nationals hired as guards for embassy officials and other foreign "dignitaries". He said last week he had to approve a permit for someone from Cameroon. He couldn't even do a background check. He said, and I quote again: "That guy could be a mass murdered for all I know and I have no way to prove otherwise."

Sgt X was VERY cool and I don't think he was trying to blow sunshine up my skirt. He was a straight shooter (no pun intended) and I appreciated that. But I don't know how that leaves you guys in the picture at this point. You'll probably want stand ready in case the state does decide to contact you, The Appointed Few. (And you know who you are...)

So, until something else happens,

Ciào!!

In late September 2003, I received my FL CCW. It was too late at this point to add that to the application so I figured I’d hold onto that tidbit of info until the inevitable appeals process, which started when I received my Maryland rejection letter on 9 October 2003, almost three months after submitting the application. I notified the Support Staff accordingly:

"DISAPPROVED"

Yup, I got my rejection letter from the MSP today. I'm not surprised but I am disappointed. The letter claims that I do "not have a good and substantial reason to wear, carry or transport a handgun". I know what they've done, too. The application states that I'm required to submit copies of documented threats and/or assaults. Well, thankfully, I don't have any of those. Seems the State is more interested in putting the cart before the horse!!...

I have the option to request an appeal to the Handgun Permit Review Board within ten days. In the interest of "due diligence" -- or at least exhausting all reasonable options -- I'll probably appeal. Hell, I've come this far I might as well go as far as I can without ending up in court -- which is the only recourse I'll have left if I'm turned down by the Handgun Permit Rejection Review Board...

So, I guess you character reference folks are off the hook. It appears that the only person they attempted to contact was [ex-wife]. (It makes one wonder what effort they really expended before rubber stamping "DISAPPROVED" on my application!!) I thank you all for your efforts and your patience. I guess I'll take it from here.

Cross your fingers and wish me luck!!

I sent in my request for appeal/review, which resulted in a face-to-face meeting in Jessup on 5 November 2003. Two days later I received another rejection letter. I sent the Support Staff the following e-mail:

OK Guys,

More info -- and little of it is good...

As you all know, my CCW application was rejected due to "insufficient reason". In other words, I haven't been threatened, mugged, robbed, raped, etc... In Maryland's twisted "cart before the horse" laws concerning CCW, the state -- not me -- is the one to determine "apprehended danger". In other, other words, if the state thinks I'm safe, then I don't get a permit. No matter that I could be assaulted ten minutes after leaving the state police barracks. After that, I could probably get a permit. Maybe...

Well, as is my right, I appealed my application denial to the state handgun permit section of the Maryland State Police (MSP). I was called in for a meeting in Jessup on Wednesday (5 Nov). The meeting went OK, I guess. The person with whom I was supposed to speak (the individual that reviewed my appeal) was not there that day so a stand-in took his place. This kinda' ticked me off but I was in no position to argue. Well, the meeting turned out to be nothing more than them telling me why my application was denied. A simple, 45-minute expounding upon "insufficient reason". Whatever. The trooper was nice and she was sympathetic to my plight, as was the previous MSP sergeant that first interviewed me.

Unfortunately, I got the same response as before: "If we were a 'shall-issue' state or even just had laxer rules, you'd be at the top of our list of people to get a permit. You're well trained, you're taking this seriously, and, by all appearances, you're the kind of responsible person we wish we had more of." (Yeah, OK, so give me my permit!!...) I thanked her and headed back to work.

Next step: appeal to the Maryland Handgun Permit Review Board (HPRB). I'm sending in my request for appeal tomorrow. I should have a meeting date within two weeks. The review board is, as has been described to me, an informal court hearing. The 5-member board acts as judge and jury and all the MSP people I've talked with so far are brought in to discuss my case. A court recorder is there to keep records in case I appeal to the 'real' courts. This will be the first time I actually get to state my case. I've typed a rough draft of what I'm going to say and I'm trying to keep it under seven minutes. I don't want them dozing off...

Unfortunately, an appeal (literal and otherwise) based on the 2nd Amendment will do me little good. In 1979, an individual sued the HPRB in "Onderdonk vs. Handgun Permit Review Board" claiming that his 2nd Amendment rights had been violated by the denial. Unfortunately, Onderdonk's application denial was sustained. The HPRB won that case because the court stated that the 2nd Amendment applied only to the Fed Gov and not the states. Nobody has challenged this decision under Article VI of the Constitution and/or the 14th Amendment. So my appeal will have to be based on something else. I'm shooting for (pardon the pun!!) a case based on the rights to self-defense. It's weaker than the 2ndA argument but no point in beating a dead horse.

If my appeal is denied by the HPRB then my only remaining course of action is to sue the HPRB myself. That's where it will end. I have neither the finances nor the time to go thru such a hassle. Given the precedence for losing such a case in the courts, I probably wouldn't even try anyway. So this is it folks. You'll only get one more e-mail from me on this subject. Either I'll let you know that I got it or I'll let you know that I'm moving. Wish me luck.

Ciao for now...

On the evening of 3 December 2003, I had a meeting in the Annapolis MSP barracks with the HPRB. The process is pretty simple. The MSP are the defendants and I’m the plaintiff. There were five HPRB members and a recording secretary. The MSP representative – who happened to be the MSP sergeant from Jessup that was unable to attend my review meeting – took the “whole truth…” oath and proceeded to review my application and the reasons for their denial. Afterwards, I took the oath and finally got to say my peace. You might recognize a few quotes and ideas I plagiarized from various pro-2nd Amendment and pro-freedom types including, but not limited to, the Honorable Judge Alex Kozinski, L. Neil Smith, Jeff Snyder, Vin Suprynowicz, Claire Wolfe, and Aaron Zelman:

Nature provides every one of its creatures a means of self-defense. It can appear in the form of stealth and camouflage. Or sharp teeth and claws. Or keen senses and fast legs. Or hard shells and bad odors. However, man has very few of these traits and the ones we do have are often inadequate to the task. Instead we have been given a more potent means of self-defense: our brains. Rather than wasting valuable energy by running away from every unknown object, we can discern what is a threat and what is not. Rather than standing naked in the cold, we clothe ourselves and devise tools with which we can build shelter. Rather than being defenseless, we fashion weapons best suited to the threats against our lives. After exhausting all attempts to minimize those threats, by way of avoidance, deterrence, and de-escalation, a handgun – a readily accessible handgun – is by far the best defense against these immediate and sudden threats. If that were not true, our police forces would be armed otherwise.

When I first started this process several years ago, I contacted an attorney familiar with Maryland’s handgun laws and expressed to him my desire to obtain a concealed handgun permit. He asked me a number of questions and, after a few moments of silence, made the following statement: “Too bad you’ve never been mugged, robbed, or raped.” I am actually quite pleased that none of those things ever happened to me and it was at this point that the reality of obtaining such a permit within Maryland became painfully clear. Instead of walking away from the idea, I chose to pursue the matter as thoroughly as possible. I obtained a great deal of high-quality training with my weapons and continue to maintain that hard-earned proficiency to this day. I reviewed the law – both civil and criminal – as it applies to self-defense. I applied for and received permits that legally allow me to carry a concealed weapon in 25 states of which I am not even a resident. Yet, those efforts did little to secure for me such a permit in my own home state of Maryland.

As it was explained to me, Maryland requires an applicant for a concealed handgun permit to produce evidence of prior threats and/or assaults before a permit can be issued. On top of that, the burden of determining apprehended danger is not upon the citizen but upon the State. Yet, in this “cart before the horse” scenario, the State is rarely present when an unarmed, defenseless citizen is made aware of the apprehended danger standing before him in a darkened parking lot. To assume that this soon-to-be victim cannot determine whether or not his own life is in danger is fatally myopic and a serious breach of trust on the part of the State. I understand that the State wants a compelling reason before it issues a permit. But I ask you, when are the interests of the individual citizen ever compelling?

As this application process continued from one hurdle to the next, I admit that I was tempted to abandon it altogether and carry a concealed weapon based on my 2nd Amendment rights: without a permit and without anyone’s permission. But, you and I know the illegality of such an act inside the State of Maryland. Being fully aware of the legal implications had I been caught, I wisely chose not to do so, for I value my freedom greater than anything. But I also value my life. In this “lesser of two evils” scenario, the State has forced me to make a decision. Which is more important: my life or my freedom? I feel this is a decision that no citizen of the State of Maryland – nor any American – should have to make.

It is sometimes said that democracy needs to be more than two wolves and a sheep voting on what’s for lunch. Similarly, why should the rights and privileges of the law-abiding be curtailed, restricted, or denied based on the actions of the criminal element? In a state of more than five million people, it is difficult for our legislators to avoid creating law that is “one size fits all”. The regulations concerning the handgun permit application process are an example of laws that, at times, can and do discriminate against qualified citizens. However, in their wisdom, these same legislators empowered this panel to decide which of those applicants have been unfairly disqualified by the law – as I feel I have been. It is not hyperbole when I say that you ladies and gentlemen hold over me the power of life and death. I urge you to consider my case solely on the merits of my case. The Maryland State Police personnel I have spoken with during this process have admitted that, by virtue of my extensive training and responsible mindset, I am well qualified for a handgun permit. Were Maryland a “shall issue” state, they would have absolutely no reservations about issuing my permit.

I presented you with some Internet articles describing a recent trend in home invasions: the home ambush. Emboldened criminals now break into a home, wait for the resident to return, and then have the resident at their disposal for further ransacking, robbery, or, even worse, murder. I also presented a notification I received from my apartment complex concerning break-ins during daylight hours. This is the third such notice I’ve received in a year. When will it be that thugs break in to my home, notice my impenetrable 800-pound fireproof gun safe, and lie in wait to ambush me? I am very discrete with my firearms whenever I leave or return home with them. But it’s not a stretch to assume that someone might follow me back from a gun shop or a shooting range only to mark my home for a future ambush. Sure, I can defend myself once I cross the threshold of my front door but how will I do so if I cannot make it to my gun safe first? Worse yet, what level of violence could I expect from these burglars in an effort to force me to open that safe and, likewise, force me to explain to them the operation of every firearm I own? If I’m fortunate enough to survive these encounters, am I to sit idly by, incapable of reaction, as I watch my firearms be stolen? In this scenario, if I am unarmed when I open the door to my home, I am helpless in the face of the ambush, the coercion, and, possibly, my own death.

As a self-sufficient and independent member of society, I make very few requests – and even fewer demands – upon my government and my fellow citizens. One might say that as I appear before you now, I am in no position to make demands. But I disagree. As a law-abiding citizen and a human being, I demand that I be allowed to defend myself against illegal deadly force, wherever I may be at the time, at home or elsewhere. Self-defense is a right bestowed on us by God and by nature and this right exists well beyond the walls our homes. For the State to deny me that right is at best careless and, at worst, complicit to gross negligence. I urge you to find in the law and in your hearts the mandate to do what is right. I urge you to exercise the authority given to you by the State to grant me a concealed handgun permit.

Ladies and gentlemen, thank you very much for your time and for giving me the opportunity to state my case.

(Before you get too excited, I know that no gun safe is impenetrable. Give me a break. It’s rhetoric, OK?!?! The same rhetoric that gave my state legislators “wisdom”. Yeah, right…)

During my presentation, I noticed the expressions on the faces of the board (bored?) members. I got the impression of, “How many times do we have to hear this shit?…” It was a bit disheartening and I tried not to let it disturb my rhythm. After my statement, the MSP sergeant and I were allowed to make closing statements. His was simple. Mine was this:

The definition of civilization is not “a society devoid of crime”. Throughout history, all civilizations, great and small, have had to endure crime. A better definition of civilization is “a society that respects an individual’s life, liberty, and dignity.” However, a society that deprives individuals of their natural right to self-defense against crime violates all three tenets of the superior definition. If I cannot defend myself against violence outside my home, an act best accomplished by means of a concealed and readily accessible handgun, then society has marginalized my existence.

All of the words I have spoken this evening, with the exception of an occasional paraphrasing, have been mine. Now I offer you a quote from the author Lee Harris concerning his definition of “Societal Forgetfulness”:

"Societal Forgetfulness occurs when those who have been long inured to civilized order can no longer remember a time in which they had to wonder whether their crops would grow to maturity without being stolen or their children sold into slavery by a victorious foe."

By issuing me a concealed handgun permit, you can help break the pattern of Societal Forgetfulness that has numbed individuals into abdicating their responsibility for self-defense. By issuing that permit, this application process can come to fruition, here, tonight. You have the power and authority to do this. On behalf of the State, use that power to honor my life, liberty, and dignity as an individual and as a citizen.

At that point they asked me a few questions. One of the board members was unaware that a non-resident could hold a CCW permit. (This was in reference to my remarks concerning my AZ and FL permits.) Then, the director of the board asked me, “Do you believe that anyone, excluding convicted felons, should be issued a CCW?” I said, “Yes, if they request one.” I chose not to go into my “nobody should need a damned permit!” libertarian tirade and stopped at that. He thanked the MSP sergeant and me and said I’d hear back concerning the board’s decision in about two weeks.

On the way out of the Annapolis barracks, the MSP sergeant and I were making small talk. He said, “Good speech. You almost had me convinced.” I chuckled and said something to the effect of, “Only ‘almost’, huh? I guess I didn’t word it correctly!” As we were parting ways in the parking lot, I closed out the small talk with, “Well, maybe the board was convinced and they’ll issue me that permit.” He said, “Won’t really matter. We’ll appeal it anyway. Good night.” WTF!! At no point in this entire process was I as pissed as I was then. You mean to say, after all the I’ve been through, he’s going to plan an end-around appeal in the case of issuance?! Oof-dah….


(This has now been sitting around for a week waiting for this last bit…)


So, it came in yesterday’s mail. “The decision of the Board is to affirm the action of the Superintendent of the Maryland State Police.” In other words, my application denial was upheld by the HPRB. I know they received the message I had hoped to send in my “speech” because they summed it up as such:

The applicant concedes that he has not been subject to threats of violence or to assaults. However, he contends that the world has become a dangerous place, and that without “a readily accessible firearm,” he as well as other citizens in our society stand “defenseless” against general risks of violent confrontation. Mr. [name withheld] contends that unlike other states, Maryland has handgun laws which “discriminate against qualified citizens,” and he asserts that his “Second Amendment” rights should override the local laws.

The letter then goes on to explain how my “assertion” is unfounded by referencing “Onderdonk vs. Handgun Permit Review Board” and “Snowden vs. Handgun Permit Review Board”. I knew I had these two precedents hanging over my head when I went into this. I correctly assumed they would be the “blocking issues”. With this, my pursuit of a MD CCW is over. I cannot afford the time nor money to take it beyond this. They win.

I feel like I should be angered by the HPRB’s decision but, for some reason, I’m not. I guess they were just doing their job. (Nuremberg comes to mind…) However, I will admit to being horribly disappointed and just a bit disgusted. As a relative newcomer to the liberty/freedom/Libertarian band of the political spectrum, I’ve been learning a lot about How The System (Really) Works. Not in a “conspiracy theory” sense, mind you, but from a pragmatic – and, yes, cynical – perspective. I’ve read about rights encroachment; from the totally benign to the tragically fatal. But now the story I’m reading isn’t about some distant Other Person; it’s about me. I’m the one that’s been told ‘No’. I’m the one that’s been politically marginalized. Maryland has deemed that the needs of the collective override the needs of the individual. I didn’t just lose an appeal for a concealed handgun permit. I lost a bit of freedom, a good chunk of an inalienable right, and a prime opportunity to be a responsible citizen. I lost the recognition of being a valued individual in the eyes of The State. All issues of my military service aside, this is the first time I’ve honestly felt, in my guts and in my bones, that I’m not a free man.

Some have criticized me for that comment. “Come’on man, it’s just a permit! How can it be that important?” To explain the concept to you readers would be preaching to the converted. To explain it to the “unwashed” would be frustratingly wasted breath. Even my Support Staff have a range of opinions from “Hell yeah, I’ll vouch for you!” to “I’m not sure this is really what you want to do.” I try to take it all in stride, good and bad, and slog on towards what I’m convinced is right. Yet, it’s a surprisingly lonely march. I’ve been in conversations that have ground to a complete halt at the mere mention of the permit. I’ve been warned not to bring up the subject of firearms around various family members. I’ve been accused of having a one-track mind.

In fact, I do have a one-track mind. I think about freedom a lot. I ponder the Constitution and the Bill of Rights – and never for a second wonder what the authors really meant! I research the concepts of malum in se, malum prohibitum, and prior restraint and the implications they have on our liberties. I long for a place where a man can be himself without the leering and suspicion that are directed towards those of us that choose to be independent, open-minded, and – aghast! – armed. I fantasize about what would be said by Thomas Jefferson, Samuel Adams, and Patrick Henry were they to suddenly appear before the core of our federal government during a State of the Union address. I question the need for background checks and waiting periods and fingerprints and government permission. And while I would certainly mourn the absence of Zantac, titanium bicycle frames, Sleater-Kinney CDs, and smokeless gunpowder, I dream about traveling back in time to a young America that was sending the British tyrants packing. Oh, how that must have felt! Yeah, I think about freedom a lot.

Maryland is not a free state. It’s that simple. I don’t hate the participants in the democratic process that made it this way. They’re sheep and they simply grasp for political expediency. But along the way, they’ve blindly shoved many of us aside and trampled our rights in order to (artificially) quell their fears and to abdicate their responsibilities. I’m deeply saddened by their moral depravity and lack of understanding. I respect those 2nd Amendment warriors that choose to stay in Maryland and keep up The Good Fight but I’m tired. There are people better suited to this form of battle than I am.

Maryland has been good to me professionally and I’ve thoroughly enjoyed the company of friends and loves along the way. But it’s time for me to move on. I don’t know when and I don’t know where. Perhaps back home to Colorado or one of the other wide-open Rocky Mountain states. I considered joining-up with the Free State Project folks in their endeavor to make New Hampshire a welcome home to all liberty lovers but the call of the West is once again echoing loudly in my ears. I need some elbow room and some peace-and-quiet. Time to reflect upon and reenergize from my losses, to lick my wounds, and mend my battered notions of right and wrong. For those of you who are worried, I can assure you that there won’t be any one-room cabins and long-winded, anti-establishment manifestos (other than this one, that is…). I’ll find a way to keep this stubborn, “old school” engineer a productive member of the work force. I’ll find a way to keep in touch with my friends and family left stranded in Maryland. I’ll find a way to enjoy the freedoms I haven’t lost. Those who know me know that I always find a way!…

TCM