Attorney General Brian Frosh

Gun Safety – No Longer Settled Law

June 3, 2022 | by delsandy | Uncategorized | No Comments

We used to have a Handgun Permit Review Board in Maryland.

Starting in 1972, if you wanted to carry, wear, or transport a handgun outside of your home, you sought a permit from the State Police. You could appeal that decision to the Handgun Board.

In most instances, the State Police allowed individuals to carry a gun only when on the job. Over the years, there were few reversals of those holdings, until Governor Hogan’s appointees rejected 83% of those decisions in 2018 for being too restrictive.

The next year, Delegate Atterbeary and I introduced legislation eliminating the Handgun Board.

In its place, administrative law judges now hear appeals from the decisions of the State Police. The full-time job of these judges is to hear appeals from actions taken by state agencies.

However, this structure is in the cross hairs of the Supreme Court. By the end of June, the court is widely expected to rule that a similar New York law violates the Second Amendment.

What should we do if that happens?

We should seek legal advice from Attorney General Brian Frosh. What action, if any, regulating handguns can the Governor take by executive order? When the General Assembly returns in January, what action can the new legislature and the new Governor take?

During his term in office, Governor Hogan has stated that both gun regulation and abortion are matters of settled law.

That is no longer the case.

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A Celebration of Life for my Mother, Babette Hecht Rosenberg, will be held on Sunday, June 12 at 2:30 at the Har Sinai – Oheb Shalom, 7310 Park Heights Av.

You are welcome to join us.

From Illegal Acts to Legal counsel

May 1, 2021 | by delsandy | Uncategorized | No Comments

Why do we need this bill?

That’s the question every bill sponsor must answer.

Is your policy sound?

Must it be accomplished by passing a law? Can it be achieved in some other manner?

I’m reminded that sometimes you have to answer this question, “Why didn’t my bill pass?”

This past session, I introduced a bill to create the Rental Housing Restitution Fund.

The fund would be the repository for any money that the State received for a violation of the Consumer Protection Act’s prohibition of an “unfair, abusive or deceptive trade practice for rental residential property.”

Why did we need this bill?

Attorney General Brian Frosh had sued Westminster Management for violating the law.

The principals of Westminster Management are Jared Kushner and his brother.

Without this special fund, if the State were to receive any money from this legal action, it could be used for any purpose.

Under House Bill 499, that money could be used only for rental and legal assistance to tenants facing eviction from a residential rental property.

We have created similar special funds for the money received from settlements the tobacco and opioid industries.

I sponsored those bills.

Why didn’t HB 499 pass this year?

The outcome of the lawsuit was uncertain.

The property owners offered amendments that would gut the bill.

Yesterday’s Baltimore Sun reports that an administrative law judge found that violations by Westminster Management were “widespread and numerous.”

https://www.baltimoresun.com/maryland/bs-md-westminster-case-decision-20210429-o3rvxoj32najldswlsaytx6fbq-story.html

Perhaps that will change some minds about this legislation.

It’s my job to find out and, if necessary, make the case that we do need this bill.

Meaningful protection and a satisfactory compromise

February 20, 2019 | by delsandy | Uncategorized | No Comments

House Bill 526 would allow medical laboratories to advertise about their tests and procedures.

Attorney General Brian Frosh does not think that the bill offers “meaningful protection to consumers.”

For instance, it does not require that a physician ordering a lab test “be in a bona fide physician-patient relationship with the consumer.”

How do you resolve these differences?

I am the chair of the subcommittee that will consider HB 526.

I will ask the bill’s supporters to meet with lawyers from the AG’s Office.

My subcommittee is not likely to act on this legislation until they’ve reached a satisfactory compromise.

A legal batting average and a legal mandate

January 18, 2018 | by delsandy | Sandy's 2018 Legislative Diary | No Comments

Maryland’s Attorney General did not have the authority to sue the federal government without the Governor’s approval until we passed the Maryland Defense Act last year.

Since then, Brian Frosh has entered into twenty law suits – on federal actions affecting the environment, health care coverage, immigration, and other issues.

Every Republican member of my committee asked Frosh questions at today’s briefing.

None was favorable.

“What is your batting average for your lawsuits?”

“Aren’t these suits taking away from the other obligations of your office?”

I waited until the end to ask my questions.

Batting last, if you will, which was my position in the batting order most of the time.

“How do you decide whether to participate in a lawsuit?” I asked AG Frosh.

He then listed: Has a law been violated? What is our likelihood of success? Are there extremely important rights at stake? Will there be a big economic impact? How much time can we devote?

The law we passed last year mandated that the Governor include $1 million in the budget to fund five additional attorneys and staff for these legal actions.

Governor Hogan used $1 million of special funds from consumer protection recoveries that support the Attorney General’s Office to fund the mandate.

I will ask the Attorney General’s Office for written advice on the Governor’s action.

Legislative Company

February 6, 2017 | by delsandy | Sandy's 2017 Legislative Diary | No Comments

Legislating loves company.

I will be testifying next to Attorney General Brian Frosh later this week.

The subject: authorizing his office to bring a law suit to prevent arbitrary or unconstitutional federal actions from harming Maryland residents.

Unlike his counterpart in Washington state, our AG cannot initiate a legal action regarding the travel ban or any future action improperly affecting such areas as our environment, schools, and civil liberties.

I know the issue, but Brian knows it better.

I contacted his office so that we could coordinate our testimony.

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I’ve asked that amendments be drafted to my two election bills that have public hearings tomorrow afternoon.

The lawyer drafting the amendments told me that she did not expect to get to them until tomorrow morning.

“That’s when I usually finish editing my written testimony,” I replied. “I’ve got company.”

My Key Issues:

Tag: Attorney General Brian Frosh