Maryland End Run Around Constitution

Maryland Governor Martin O'Malley issued a new gun purchase regulation that would require a purchaser to permit their mental health records to be examined by state police.

Gov. Martin O'Malley's administration has quietly issued a new gun purchase regulation that requires prospective buyers to sign a waiver releasing their mental health records to the Maryland State Police.

The rule, which came in response to the killings at Virginia Tech and took effect Aug. 1, is intended to help police determine whether someone should be prevented for mental health reasons from buying a gun. It would apply to people who have been ordered into treatment by a court or who have checked into a state psychiatric hospital for at least 30 days.

My problem is that why aren't these records affirmatively posted in such a way as to popup on a background check, thereby preventing those who shouldn't buy from actually buying as opposed to asking every buyer to give up their private medical records.

In short, the burden should be on the state to prove that I can't buy a weapon as opposed to proving to the state that I should be able to buy a weapon.