2018 Gun Bills -

sleev-les · Feb 12, 2018

Schipperke said:
That thing may deserve it's own thread. Hory Sheet!

Text>>> http://mgaleg.maryland.gov/2018RS/bills/hb/hb0991f.pdf

Still looks like the only sponsors are out of Bmore Shi..... I mean City. Call me optimistic, but I don't see this one going through. If NY and CA had similar bills overturned (in the worst 2A climate) I can't see it coming through here.. Doesn't mean lay down by any means though.

CharlieFoxtrot · Feb 12, 2018

Omega21 said:
How can you be sent to jail for a misdemeanor? I thought a misdemeanor was not punishable with jail time.

The difference used to be for a misdemeanor you could only be sentenced to jail (local) as opposed to a felony where you could be sentenced to prison (the state system). That distinction is pretty meaningless now (there is at least one misdemeanor that carries a max of up to ten years in prison) except for all the disabilities that come with a felony conviction that usually do not go along with a misdemeanor.

Biggfoot44 · Feb 12, 2018

The usual rule of thumb is Misdemeanor up to 1yr , Felony over 1yr . But certain states go there own way .

Md has bunches of 2yr, 3yr, 5yr , and even 10yr Misdemeanors .

North Carolina has multiple classes of decendinh Felony , some with only 30days, and even no jail time . ( It has been ruled that the felonies with less than 1yr potential sentence do NOT make Prohibited on Federal standards .)

steveh326 · Feb 12, 2018

Biggfoot44 said:
The usual rule of thumb is Misdemeanor up to 1yr , Felony over 1yr . But certain states go there own way .

Md has bunches of 2yr, 3yr, 5yr , and even 10yr Misdemeanors .

North Carolina has multiple classes of decendinh Felony , some with only 30days, and even no jail time . ( It has been ruled that the felonies with less than 1yr potential sentence do NOT make Prohibited on Federal standards .)

in MD isn't any charge with jail time potential of 2 years or more grounds for losing all 2A rights? I thought they implemented this a few years ago, and are methodically bumping up all misdemeanor terms to 2+ years so as to affect more people? I could be wrong on this but that's how I remember it.

lazarus · Feb 12, 2018

steveh326 said:
in MD isn't any charge with jail time potential of 2 years or more grounds for losing all 2A rights? I thought they implemented this a few years ago, and are methodically bumping up all misdemeanor terms to 2+ years so as to affect more people? I could be wrong on this but that's how I remember it.

Yes. MD law matches federal law in that respect. But no, MD has had misdemeanors with 2+ year sentences for decades now.

Though it does seem that they are implementing a lot of new laws where the max is 3 years out of the gate.

Is it that hard to legislate that the maximum penalty for a first offense is low, but upon a subsequent offense it is higher?

I realize they WANT to Fuc...I mean infringe our rights.

DC-W · Feb 12, 2018

We are now (mercifully) beyond the window for new bills to be introduced without them needing to go to rules committee first. There are 70 gun bills so far.
MSI has a tracker with positions going here: https://www.marylandshallissue.org/...ker/142-2018-maryland-gun-legislation-tracker
Things will continued to be filled in as more analysis and testimony is made and this will be kept update with current bill statuses.

Senate Judiciary Chairman Zirkin has been keeping busy and has a slew of bills being heard in the coming weeks in his committee, with a few being heard tomorrow.
Hearing dates there are on February 22nd, 28th, and on March 6th.

We are currently awaiting scheduling of the mountain of bills in the House Judiciary.

Doctor_M · Feb 12, 2018

Would be nice if SB0908 passed... am I just dreaming?

rockstarr · Feb 12, 2018

they seem to be coming at us pretty strong this year. I figured they would go for more though, honestly.

DC-W · Feb 12, 2018

Well, I opened my big mouth too soon.

The House Judiciary has scheduled their gun bills -- PRACTICALLY ALL OF THEM -- for 3/6 at 1:00pm.

govwontletmebuycoolguns · Feb 12, 2018

House bills scheduled for 3/6 13:00.

govwontletmebuycoolguns · Feb 12, 2018

Beat me by a minute...need to learn to type faster.

danb · Feb 13, 2018

Its a gubernatorial election year....

Prepare for silliness and showboating at full throttle.

Kicken Wing · Feb 18, 2018

I have to admit, I was worried about the 10 round magazine limit since i heard about it a week ago. I sincerely hope this has no chance in hell of passing. So far I see no sponsors that have signed the bill. Some of the guns i own don't even have the option of 10 round mags. Not to mention having to "get rid of" my other mags out of fear of being jailed?! I have a lot of dollars in mags and I am not just handing them over or getting rid of them... Can someone help me feel a little more comfortable about this bill becoming an epic fail?

Rabu Rabu · Feb 18, 2018

Kicken Wing said:
I have to admit, I was worried about the 10 round magazine limit since i heard about it a week ago. I sincerely hope this has no chance in hell of passing. So far I see no sponsors that have signed the bill. Some of the guns i own don't even have the option of 10 round mags. Not to mention having to "get rid of" my other mags out of fear of being jailed?! I have a lot of dollars in mags and I am not just handing them over or getting rid of them... Can someone help me feel a little more comfortable about this bill becoming an epic fail?

Outright banning possession without compensation is how these bills got killed in CA and NY, something to do with Ex Post Facto. So in essence if this bill stays worded how it is it dies, because nobody wants to open this can of worms and go through another lengthy court battle. That's how I understand it anyway.

pcfixer · Feb 18, 2018

Rabu Rabu said:
Outright banning possession without compensation is how these bills got killed in CA and NY, something to do with Ex Post Facto. So in essence if this bill stays worded how it is it dies, because nobody wants to open this can of worms and go through another lengthy court battle. That's how I understand it anyway.

I believe your correct. I've read this before and wonder if Maryland courts would uphold.

Why are ex post facto laws unconstitutional?

While some laws that have ex post facto *effects* are often found to be Constitutional, both the state and the federal government are prohibted from passing ex post facto laws. No bill of attainder or ex post facto Law shall be passed. But it is ultimately up to the republican anti-citizen Roberts court to uphold our constitutional rights.

Adolph Oliver Bush · Feb 18, 2018

Kicken Wing said:
I have to admit, I was worried about the 10 round magazine limit since i heard about it a week ago. I sincerely hope this has no chance in hell of passing. So far I see no sponsors that have signed the bill. Some of the guns i own don't even have the option of 10 round mags. Not to mention having to "get rid of" my other mags out of fear of being jailed?! I have a lot of dollars in mags and I am not just handing them over or getting rid of them... Can someone help me feel a little more comfortable about this bill becoming an epic fail?

Welcome kicken wing. You can do a couple of things.

First off said bill will likely fail for reasons indicated nearby. Regardless, there are a few things you can to do help.

First, go to the intro forum and intro yourself.

Then accept the invite to join Maryland Shall Issue.

Then read all of the threads in the maryland 2A forum that you can.

Educate yourself on 2A matters wherever you can find them.

If reading from your computer, every time that you come across a point that resonates with you, copy it and paste to a word document that you created just to collect these thoughts.

If reading from a phone, take screenshots. Import them into above-mentioned document later.

And of course, write down your own thinking on this and other matters.

Use this collection of ideas while writing your personal legislators, members of committees that hear your bills of interest, and letters to the editor.

Testify before committees when they hear gun bills. You on my have 2 or three minutes, so just touch on the most salient points. Testifying is easy to do, and a great civics lesson. It is far easier for a legislator to ignore a phone message that they didn't take, or to ignore an email, than it is to ignore a human speaking in a room to them.

Go visit your legislators in person. Talk to them about 2A matters. Regarding 10 round mags specifically, remind, or probably tell them, that the VA Tech shooter killed twice as many people with handguns, one of which held 10 round mags, than the freak in Parkland did using one of those scary black rifles. Therefore, said mag limit would do nothing to prevent further tragedies. Maybe start by asking what is the point of limiting mag size.....

Join us Every Monday night at mission barbecue on dock st in Annapolis at 6pm, then head to the public sidewalk near lawyers mall to greet politicians.

Do the things in my signature below.

If there is anything that you need help with, just ask.

Kicken Wing · Feb 18, 2018

Thanks for the above comments! I did not realize that I did not introduce myself back in 2014. I just put a few sentences together to say hi to the crowd. I belong to MSI and get info from them in my inbox on a regular basis. I will surely accept invite from MSI on this board. I enjoy researching the threads as much as possible. Especially prior to the Firearms Safety Act of 2013 taking place. I sign petitions on occasion, submit letters to the BATFE when I feel passionately about an issue and have submitted some letters to our legislators in the past. I have not yet participated in any protests or rallies, let alone testified before any committees when hearing gun bills. Visiting my legislators face to face is something that I need to do as well. I can't just sit idle and let all of this false information be thrown around that I am reading social media or seeing on television. I am on facebook and the BS is deep over there. Every time I try to talk sense and point out some facts, I get the same mindset foaming at the mouth. They say they want conversation but the fact of the matter is, "they just want you to say what they want to hear." If I disagree with them they just get mad and paint me out as an evil person that is part of the "problem". That is why I am here. I greatly appreciate your tips above, Adolph Oliver Bush! I will not give up the fight on social media. Thanks for the encouragement! Also, thank you Rabu Rabu and pcfixer!

Devil Dog · Feb 18, 2018

Rabu Rabu said:
Outright banning possession without compensation is how these bills got killed in CA and NY, something to do with Ex Post Facto. So in essence if this bill stays worded how it is it dies, because nobody wants to open this can of worms and go through another lengthy court battle. That's how I understand it anyway.

Guys, there is no requirement that newly outlawed items be grandfathered in, and a failure to do so does NOT violate the Ex Post Facto (XPF) clause of the US Constitution.

The XPF clause simply means that the G can't prosecute you for having OWNED (past tense) something that is now illegal, but was legal when you owned it. Similarly, they can't prosecute you for committing acts that were legal when you committed them.

If the G decided to ban all mags over 10 rounds and provided no grandfathering or buyback provision it would NOT violate the XPF clause.

I don't know what happened in NY or CA, and how their respective state constitutions may have played a role.

Also, I'm not opining on whether it would be a 2A violation, or even a Due Process violation if they didn't give you a "reasonable" amount of time between passing the law and allowing you to dispose of the newly illegal items. Or whether it is a "takings" issue requiring compensation.

But a US Constitutional XPF violation it is NOT.

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danb · Feb 18, 2018

Between the mags you have to get rid of, and the guns that no longer work because the mags dont exist, and new ones you have to buy... This will easily erase any tax cut for many people. Its a major back door tax hike for a lot of suburban and rural voters.

Devil Dog · Feb 18, 2018

danb said:
Between the mags you have to get rid of, and the guns that no longer work because the mags dont exist, and new ones you have to buy... This will easily erase any tax cut for many people. Its a major back door tax hike for a lot of suburban and rural voters.

Yep. I've got rifles (BM59 and an Argentine FN49) for which they only made 20-round mags. So they'd become boat anchors under this scenario.

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