Maryland bans the box

Maryland Bans the Box for private employers

NOTE: This article was initially posted in May 2013 and has been updated with new and current information.

As you may know, Ban the Box refers to removing the criminal convictions question from employment applications. Preferring that any discussion of criminal histories be done further along in the application process and in person. Hoping to make the process fairer for applicants.

In October of 2013, Maryland’s first Ban the Box law took effect. The law removed the criminal conviction question from State employment applications. At that time, there were only seven states with similar legislation.  Since then the Ban the Box movement has swept the nation with cities, counties, and states enacting laws. According to the National Employment Law Project, as of July 2019, there were thirty-five states and one hundred and fifty cities and counties that have Ban the Box laws. Thirteen states have laws that prohibit private employers from asking about criminal history on the application. As of January 1, 2020, Maryland became the fourteenth.

Maryland Private Employer law takes effect January 2020

The Maryland legislature passed a private employer Ban the Box law in 2019 only to have the law vetoed by the Governor. In one of the first acts of the 2020 legislature, the Maryland General Assembly voted to override the veto.

The new law states that, before the first in person interview, employers may not ask an applicant to disclose details about whether or not a criminal record exists. This law only applies to those employers with fifteen or more employees too include seasonal, temporary, and contractual employees.

So far only a few major corporations, such as Target and Walmart, have publically “Banned the box”.

Details of the laws procession through the legislative process can be found at http://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0994/?ys=2019rs

Can you buy an AR15 in Maryland?

NOTE: This post was updated in 2019 with current information regarding Maryland gun laws.

After a mass shooting, attention is focused on the availability of the weapon used. Most times that weapon is a semi-automatic, assault style, rifle. How did the person obtain the weapon and why is it available to public, are the questions usually asked. As you probably have figured out gun laws in the U.S. are convoluted. Laws on gun possession and sale differ from state to state. Too many to try to explain in a single post. For this blog the question raised is-Can you buy an AR15 in Maryland? The short answer is no.

However, the weapon used in the Dayton, Ohio shooting could be sold in Maryland. The Anderson Manufacturing .223 caliber AM-15 used by the Dayton shooter is currently not approved for sale by the Handgun Roster Board (See Guns approved for sale in Maryland below). But a similar gun, the .300 caliber AM-15 is approved for sale in Maryland. A "loophole" to Maryland's assault weapons ban. 

Assault style weapons

The federal government and some states have strict laws regarding the regulation and availability of fully automatic weapons or machine guns. What is more readily available are assault style weapons that are similar to what the military uses but in a semi-automatic capacity (firing one bullet and automatically reloading with each depression of the trigger). “AR15” is a type of civilian rifle modeled after what the U.S. military issues. Although it is a specific product the name is also used incorrectly to identify a wider variety of assault style weapons. When, in fact, there are many different manufacturers and models.

The Federal government banned semi-automatic assault style weapons in 1994. However, the ban expired in 2004 and those guns became legal for sale once again. Maryland banned the sale of what is defined as an “assault rifle” or ”assault long gun” in the Firearm Safety Act of 2013. The types of weapons included are what are commonly known as “AR15”s and all variants or copies. However, persons that legally possessed these types of weapons prior to October 1, 2013 could continue to possess them. They just couldn’t be sold within the state.

The Maryland State Police is tasked with regulating firearm sales in Maryland. This link, Maryland State Police Firearm Search, explains what can and cannot be possessed and sold. Other states with bans on the sale of assault style rifles are: California, Connecticut, Massachusetts, New Jersey, New York, and the District of Columbia.

Guns approved for sale in Maryland

In addition to regulating the sale of firearms, Maryland law also determines what guns can and cannot be sold in the State. Handguns manufactured after 1985 can only be sold in Maryland if the Handgun Roster Board has specifically approved it for sale and placed it on the Official Handgun Roster. The Handgun Roster Board is part of the Maryland State Police and consists of eleven members-The Secretary of the State police and ten people appointed by the Governor for terms of four years.

You may search manufacturers to determine if a handgun is on the handgun roster and legal for sale in Maryland thru this link.  Handgun Roster search

Waiting periods

Waiting periods and firearm sale laws are also being discussed in the news. Maryland has some of the strictest firearm laws in the country. 1995, 2000, and 2013 saw major legislation packages passed that restricted the sale and types of firearms that could be sold in Maryland. Even before that, in 1966, Maryland was one of the first states to pass legislation regarding waiting periods for purchasing handguns. Since 1966, a firearm dealer must wait seven days before the gun may be transferred to the purchaser. During this time, the Maryland State Police conducts it’s background check of the prospective purchaser. The Responsible Gun Safety Act of 2000 expanded the waiting period and background checks to include the private sale of handguns between individuals.

Only nine states and the District of Columbia currently have waiting periods-California, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Jersey, and Rhode Island. Waiting periods for gun sales received a boost on February 20, 2018 when the Supreme Court dismissed a 2^nd Amendment challenge to California’s 10-day waiting period as a “reasonable safety” precaution.

Please feel free to share this post. See the blog archive for more information on buying guns in Maryland.

How to buy a gun in Maryland January 2017

What Real-ID means to Maryland drivers

Maryland Real ID

You may have seen news reports about the need for Maryland drivers to further document their identification and citizenship or risk confiscation of driver’s licenses. This isn’t hype. It is true and deadlines are fast approaching. If affected drivers do not update their status with the MD MVA, their license will not be considered valid. Which means a police encounter could result in the confiscation of your license and TSA will not accept the license as proper ID.

REAL ID Act

The REAL ID Act was passed in 2005 setting the benchmark for personal forms of identification and establishing minimum security standards for driver’s license issuance and production. The act prohibits federal agencies, like the TSA, from accepting driver’s licenses from states that do not meet the standards. The deadline set by the Act is October 1, 2020. After that date residents of all states will need a Real ID Act compliant driver’s license to pass through airport security. 

How does this affect Maryland?

Maryland began issuing Real ID Act compliant licenses in 2016 and is listed as a state compliant with the Act. The licenses feature the state flag as the backdrop and the Real ID star logo. The license has multiple security features to guard against counterfeiting and was touted at the time as the most secure license in the U.S. 

The problem? While Maryland issued a license that met all of the Real ID Act physical security features the MVA did not always require the license holder to submit proper documentation for proof of identity or citizenship. Now those with the new “Flag” license are in danger of either losing their license or not being able to pass through federal security. 

MD MVA estimates that over a million drivers have the new license but not the necessary documentation on file. Trying to alleviate a renewal nightmare Maryland officials have set staggered renewal dates in June and November 2019 to clear the backlog before the federal October 2020 deadline. Over sixty-six thousand drivers have deadline dates in June 2019 to provide documentation. 

Is your license compliant?

Those holding the older licenses with the blue banner and crab logo are not required to update their records and may maintain their licenses until they expire. However, after October 1, 2020, these style licenses will not be accepted by TSA or other federal agencies. Even if you have been issued a flag design license you may still need to update your documentation with MVA.

You should get a notice by email and/or mail notifying of the MVA need for documentation. Rather than wait for the MVA renewal notice you can check if your license is compliant at this link RealID Lookup . After searching your license number you will be told if anything further is required and what to do next.

Documentation

If you are required to update your records you will need,

1) Proof of age and identity-Original or certified copy of your birth certificate OR a valid U.S. passport

2) Proof of Social Security-Original Social Security card or W-2 form, or SSA-1099

3) Proof of Maryland residency-Two documents required: insurance card, vehicle registration, credit card bill, utility bill, or bank statement. Any must have your name, Maryland address and be from two separate entities.

This link has further information on Real ID FAQs .

Good luck!

Previous blog about licenses at "Real" ID .

Maryland General Assembly 2019

The 439th session of Maryland's General Assembly is in the books. Not without some somber news as it's longest serving Speaker of the House, Michael Busch, passed away the day before the end of the session. 

Here is a snapshot of business and public safety bills that passed and are awaiting Governor Hogan’s Signature. 

• $15 minimum wage-Although the Governor vetoed the bill there were enough votes to override the veto. The increase to $15 will be incremented as follows.

Businesses with fewer than 15 employees:

$11 on Jan. 1, 2020

$11.60 on Jan. 1, 2021

$12.20 on Jan. 1, 2022

$12.80 on Jan. 1, 2023

$13.40 on Jan. 1, 2024

$14.00 on Jan. 1, 2025

$14.60 on Jan. 1, 2026

$15 on July 1, 2026 

At least 15 employees:

$11 on Jan. 1, 2020

$11.75 on Jan. 1, 2021

$12.50 on Jan. 1, 2022

$13.25 on Jan. 1, 2023

$14 on Jan. 1, 2024

$15 on Jan. 1, 2025

• A Child Care Tax credit was expanded to parents making less than $143,000 (Up from $50,000)
• Health insurance- Those without health insurance will be able to check a box on their tax return allowing the state’s health exchange to determine if they are eligible for free insurance
• Marijuana edibles such as brownies, gummies, etc. can be sold for medical purposes
• The age of smoking was raised to 21
• Maryland will become the first state to ban Styrofoam containers such as cups and food containers.
• The decision of whether to start school before/after Labor Day was returned to local school boards. The Governor vetoed the bill but was overrode.
• Handgun Permit Review Board was eliminated. Now, appeals to the Maryland State Police decision for handgun permits will be heard by an administrative judge.

Public safety bills that failed were background checks on the private (citizen to citizen) sales of shotguns and rifles and a bill to prevent 3D printed guns.

Smoke 'em if you got 'em? {Marijuana in the workplace}

Note: This article was originally posted in 2017 and has been updated with current information on the topic.

Oklahoma passed a medical marijuana bill in 2018 becoming the thirtieth state (Including Maryland) to do so. State by state the legalization of marijuana for medical and recreational purposes is gaining ground. The chances of employees being high at work are definitely increasing. Businesses are scrambling to adapt.

Decriminalization v. Legalization

So far thirteen states have decriminalized marijuana, allowing recreational use. Up from just eight in 2017. Those are Connecticut, Delaware, Illinois, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New York, North Carolina, Ohio, and Rhode Island. Nine states have legalized marijuana for recreational use (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington) 

While this legislative activity is taking place on the state level, the drug still remains illegal under Federal law. In fact, it remains a schedule I drug alongside opiates and synthetics drugs. The court battles that were expected with the U.S. Justice Department after Colorado legalized marijuana have not occurred.

Decriminalization does not mean legalization. Decriminalizemeans that possession of small amounts no longer carries criminal penalties. Most states offer a civil violation or no violation at all. Legalizedmeans that marijuana is completely legal to possess. In this case, states have set limits as to the amount that can be possessed and qualifications regarding trafficking.

High on the job

A survey of 10,000 California cannabis users revealed 58% of working professionals use daily and 31% consume while working. (Eaze Insights)

Some businesses not only allow the consumption of marijuana at work, but they also encourage it. Those that do say that it helps employees with stress and anxiety promoting longer work days and creativity. It should be noted that these businesses are mainly in the legal cannabis industry or tech fields.

What is at odds are company drug policies and making accommodations for those with disabilities. Companies want to be inclusive but want to maintain standards as well as workplace safety. Medical marijuana users are looking to the American Disabilities Act for protection.

American with Disabilities Act

The American with Disabilities Act  (ADA) was signed into law in 1990. Succinctly, the ADA prohibits employers from discriminating against those who are disabled and requires employers to provide reasonable accommodations to a qualified individual with a disability to perform the essential duties of their job. Illegal drug use is not covered as a disability. However, the ADA does allow for the use of drugs taken under the supervision of a health care professional. Marijuana may be legally prescribed under state law but remains illegal Federally. Then there’s the Drug-Free Workplace Act of 1988 requiring that Federal contractors provide drug-free workplaces as a condition of receiving a contract.  The ADA states that employers can require employees to conform to the Drug-Free Workplace Act. Further, under the ADA drug testing is not considered a medical examination, allowing employers to test for the use of illegal drugs. 

What the courts have found is that while marijuana remains illegal under federal law the ADA cannot be applied to individuals with disabilities. However, state disability laws may apply in states where medical marijuana use has been legalized.

Court challenges

Rights of the employer and the employee vary state by state. As examples: Arizona, Connecticut, Illinois, Minnesota, and New York laws prohibit employers from discriminating against employees who use medical marijuana and must make accommodations, some further citing-unless the employee is under the influence at work. Florida’s recently passed law does not require an employer to accommodate on-site medical marijuana use. California passed Proposition 64 in 2016, which allows for the recreational use of marijuana. However, the law protects an employer’s rights to enforce workplace drug policies. Rhode Island’s law protects the employer’s right against accommodations for on-site consumption but protects the medical marijuana cardholder against hiring discrimination. 

A 2017 Rhode Island court case ruled that employers could not refuse to hire medical marijuana cardholders even though the person would knowingly not pass the employer’s pre-employment drug test required of all applicants. (Callaghan v Darlington Fabrics Corp., No. PC-2014-5680, Rhode Island Superior Court, May 23, 2017)

Another twist to the saga is the off-site or off-duty use of marijuana which may be legal in the specific state but against company policy. In one of the first court cases of off-site medical marijuana use, the Colorado Supreme Court heard the case of Coats v Dish Network in 2010. The court upheld the firing of a man who failed an employer random drug test for marijuana use. Briefly, in 2010, Dish Network fired a telephone operator who was also a medical marijuana patient after he failed a random drug test. Although the employee claimed that he never used marijuana at work nor was he ever impaired while at work. The case was the first to look at whether off-duty marijuana use, legal under Colorado state law, is protected by Colorado’s Lawful Off-Duty Activities Statute. The statute states that employers cannot fire employees for doing legal activities while not at work. Although medical marijuana use is legal in Colorado, the court ruled that its use is still illegal under Federal law. The ruling supported employer rights to enforce their drug policies. Since this case, courts in California, Oregon, and Washington have also ruled against employees. 

In July 2017 and went against the employer. In Barbuto v Advantage Sales and Marketing, LLC the Supreme Judicial Court of Massachusetts ruled in favor of an employee to use medical marijuana outside of work. The employee claimed that since they have an ADA qualified disability (Crohn’s disease) the employer must make accommodations for an employee to use medical marijuana off duty. The ruling was based on the state’s anti-discrimination law. The court rejected the employer’s argument that marijuana is illegal under Federal law and to allow accommodations would be unreasonable.

Maryland

Maryland is still getting going on its version of medical marijuana. The law was passed in 2013 and took effect in 2016. Dispensaries began opening in 2018. Maryland decriminalized possession of fewer than 10 grams of marijuana in 2014.  Marijuana is still considered illegal but possession of smaller amounts will result in a civil citation rather than arrest. Each year since there have been bills introduced to further decriminalize marijuana. In 2016, a law passed making possession of paraphernalia a civil offense. In 2017, those convicted of marijuana offenses may petition to have their records expunged. 

What to do, what to do…

While the use of marijuana is becoming more openly acceptable in society and states have either made it legal or decriminalized, businesses are still within their legal rights to set drug use policies and restrictions.

Confused? Don’t feel bad. It’s a tricky topic that is evolving almost monthly. Employer’s need to have hiring policies as well as policies to guide employees. These policies have to be living documents and open to change. Having employees and dealing with human resource issues is difficult, especially for small businesses. The rules are constantly changing. There will always be challenges to any policy or rule. You have to stay ahead of the curve and aware of what’s taking place. 

See the blog archive for other posts regarding workplace discrimination and medical marijuana.
Which came first... February 2017

Languages spoken? June 2017

Ban the Box update August 2016

Health History Discrimination May 2016
Medical marijuana in workplace May 2013

Caller ID and smoke alarms and guns...Oh my! New Maryland laws

Maryland laws passed in the 2018 session are set to go into effect October 1, 2018. Most notably gun control laws and an expansion of the Move Over law. 

Disclosing Sexual Harassment in the Workplace

Employers who enforce or attempt to enforce a policy that restricts disclosing sexual harassment shall be liable for the employee’s attorneys fees. Also, on it before July 1, 2020, employers with fifty or more employees must submit a Sexual  Harassment Survey to the Maryland Commission on Civil Rights. 

Caller ID Spoofing Ban
The law prohibits masking caller identification information when contacting an individual in Maryland with the intent to defraud, harass, cause harm to, or wrongfully obtain something of value from another. 

Smoke Alarms

All residences in the state were required to switch over from battery-operated smoke alarms to tamper-resistant detectors. Starting Oct. 1, 2018, the state will begin enforcing the law.

Move Over

The Move Over law expands from emergency vehicles to include transportation, service, and utility vehicles, as well as waste and recycling trucks, with yellow or amber flashing lights or signal devices activated.

Gun

Red flag law enables families and law enforcement to ask courts for an order to temporarily restrict firearms from people found to be a risk to themselves or others.

Bump stocks are banned in the state. The devices increase a semi-automatic rifle's firing rate to a facsimile of automatic fire. 

Convicted domestic abusers are required to surrender guns to law enforcement or a firearms dealer.

Which came first …

Read an interesting article about the Maryland marijuana dispensaries. Seems that it is now legal to grow the marijuana for medicinal resale, but remains Illegal to buy seeds or seedlings to start the growing process.

Maryland passed a law in 2014 decriminalizing smaller amounts of marijuana and allowing for dispensaries to grow and dispense medicinal marijuana. In December 2016 the Maryland Medical Cannabis Commission approved 102 dispensaries that have been granted a license to begin growing marijuana. They have 365 days to begin their operations. The problem for these newly licensed businesses is-How do you start a business based on growing an organic product when it is illegal to buy or import the seeds or seedlings?

Once the grow operations have their crop started that crop and further crops are legal under the law.  However, obtaining the startup seeds is illegal under federal and Maryland law, as well as some other states that have approved medical and/or decriminalized marijuana. In Washington, D.C. for example, it is legal to possess and grow marijuana at home but illegal to buy or sell seeds and plants. Mostly state regulators and law enforcement are turning their heads when it comes to the topic. A don’t ask don’t tell sort of thing.

With all the politics that went into decriminalizing marijuana in Maryland and setting up the laws to allow for dispensaries it seems like someone would have taken this conundrum into consideration. Now that the licenses have been granted and the dispensaries are on the clock it will be interesting to see if this legislative session takes up the issue and corrects the legal blockade.

See our blog archive for other posts relating to medical marijuana:

Medical Marijuana in Workplace May 2013

How to buy a gun in Maryland

Note: This post was originally published on January 28, 2016 and has been updated with new information.

Buying a handgun (regulated firearm) in Maryland just got easier, at least the process is easier. The Firearm Safety Act of 2013 added steps to the purchase process, but it also included language that the Maryland State Police must create an electronic purchase application that can be submitted online. Beginning January 1, 2017, all handgun purchase applications must be submitted through the Maryland State Police Licensing Portal.

Handgun purchase history

The impetus to first write this post in January 2016 was in response to a friend’s question as to how to buy a handgun in Maryland. The question may seem silly coming from an avid hunter who owns firearms of all kinds and has purchased handguns in the past. But, if you haven’t bought a handgun in the last three years Maryland laws changed in 2013 and the process is quite different than it has been for the last twenty years.

You haven’t been able to go into a gun store in Maryland and walk out with a handgun for fifty years. In 1966, Maryland enacted laws that required a background check and a seven-day waiting period for the purchase of handguns. The purchaser completed a personal questionnaire and the form was submitted to the Maryland State Police (MSP) to conduct the background check. If you cleared the check, and seven days had passed, the store could transfer the gun to the buyer. That part of purchasing a gun hadn’t changed for a generation of gun buyers, until 2000.

The Responsible Gun Safety Act of 2000 added the requirement that purchasers must complete a firearms safety class prior to purchasing a gun. The buyer still completed the forms, which were submitted to the MSP for a background check, and waited seven days, but before the buyer could obtain the gun they had to complete a certified firearms safety-training course.

Purchase Process

The process changed most recently in 2013. The Firearm Safety Act of 2013 added another step to the purchasing process. A prospective buyer must now possess a Handgun Qualification License (HQL). As part of the HQL application process the buyer must submit to a fingerprint background check, submit an application for a HQL to the MSP, and complete a four-hour Firearms Safety Training Course presented by a State approved instructor. The HQL is good for ten years and costs $50. However, the application cannot be submitted without digital fingerprints, the cost of which vary by vendor and is in addition to the HQL fee.

Also included in the Firearm Safety Act of 2013 was the requirement that the MSP create an electronic application. Purchase applications will no longer be submitted on paper forms via the firearms dealer. The prospective purchaser will submit applications through the Maryland State Police Licensing Portal. All the fees remain the same, including the $10 application fee, which is paid at the time of the application submission. If the purchaser does not have access to a computer, Internet, or credit card, the application may be submitted through a firearms dealers’ on site portal. The online application goes directly to MSP and removes the dealer for the submission process.

Now to answer the question-How to buy a handgun in Maryland?  Another four pages could be written, but to be succinct, the prospective buyer must complete the following process.

1. Obtain digital fingerprints
2. Submit digital fingerprints to the MSP
3. Submit application to the MSP for HQL
4. Complete Firearms Safety Training Course
5. Receive HQL card
6.  Complete the online Application to purchase handgun through the MSP portal
7. Wait seven days
8. Go to the firearms dealer, supply the dealer with your last name as used on the application and the unique 77R-E application number
9. The Dealer logs into the MSP Licensing Portal and queries the system for the last name and application number combination provided
10.  If the application has be approved the dealer may transfer the gun

You now own a handgun. Of course, Maryland’s one gun a month law is still in effect. So if you desire to own another gun you have to wait thirty days. The subsequent purchases would be easier as you already have your HQL. You would only need to complete and submit the new application to the MSP and wait the seven days.

Of course, with any law there are exceptions. There are exceptions to the training component and to the need for a HQL. For more, the Maryland State Police, Licensing Division, provides a detailed explanation of the Handgun Qualification License process on it’s website.

From the Maryland State Police on September 18, 2020:

Beginning October 1, 2020, the MSP will discontinue printing Handgun Qualification License (HQL) Cards in their current form. 

All HQL applicants approved for an HQL, on or after October 1, 2020, will receive, via US mail, a paper HQL. For further information on the HQL, please visit the HQL page of the MSP website. 

HQL page 

MSP Licensing Portal

MSP Licensing Portal User’s guide