Does Westminster mayor have authority to confiscate guns in an emergency?

[RFBfromDE]

Just leave some moon pies and healing crystals out front. They'll forget about the guns.

I throw in a Dream Catcher to complete the look. I consider it putting lamb's blood over my stoop.

If someone comes to take my guns in a disaster, they will get shot.

"I thought they were robbers/looters!"

 

[jc1240]

I would imagine Maryland’s pre-emption statute would cover this?

The Constitution covers it just fine.

I'm just surprised to see these types of laws are still on the books considering preemption and that they are in Carroll County.

 

[MaxVO2]

I'm just surprised to see these types of laws are still on the books considering preemption and that they are in Carroll County.

****I have a good friend who is a judge and he tells me there are SO many laws on the books that somewhat conflict, or outright conflict with how things are enforced and adjudicated in practice. The US Constitution is a remarkable document in how much it covers given how short the document itself is, and how long ago it was written. So much has changed in 250 years, but that document - written by some of the finest minds of their day has remained relevant to this day.

One of the principal reasons the United States has become so remarkably successful and powerful is due to the Bill of Rights, the enforcement of property rights, and having three co-equal branches of government that act as a bullwark against tyranny as seen in many many other parts of the world.

We have our problems for sure, but having been to many many countries throughout the world - the one thing I consistently see in successful countries vs poor countries is the adoption of free market principals and capitalism. Imperfect as it may be - our system of government is the reason companies like Facebook, Amazon, Apple, Netflix, Google, and thousands of others were founded here and allowed to prosper.

Our Constitution and especially the Bill of Rights is NOT about what the government can do for you, but what they *can't* do and overstep their authority to trample on certain inalienable rights we have.

Carrol County, like other counties, townships, etc.. have all manner of laws that came about for perhaps mostly arcane reasons now - but higher level laws and pre-emption keeps much of the silliness at bay in the long run even if these laws do have to be challenged at some point by someone or group with standing.

Having seen how other countries handle things, and treat their populace - I'd rather be here.

 

[teratos]

O

"I thought they were robbers/looters!"

“They were tyrants acting under color of law intent on depriving me not only of a fundamental right, but of the ability to defend my family.”

Since their actions are not legal, they become nothing more than criminals. They have come to take your property by force, with the threat of deadly force if you defy them. That is the definition of self-defense.

 

[Boondock Saint]

If someone comes to take my guns in a disaster, they will get shot.

Happily, someone coming to take your guns is a disaster, so even if it's not a disaster, it's still a disaster.

I'm reminded of a tweet from FPC regarding one of Biden's renewed calls for an AWB: "None of this is within your power. Stack up or fuckk off."

https://www.mdshooters.com/attachments/screenshot_20230813_222147_x-jpg.426855/

 

[teratos]

https://www.mdshooters.com/attachments/screenshot_20230813_222147_x-jpg.426855/

First time I’ve seen that. Awesome.

 

[CrueChief]

So the question is does the mayor have the authority? Consent of the governed. Did hogan have the authority to close the countless businesses he did? Did he have the authority to force every person to wear a mask outside their home? Did he have the authority to give tax payer money to his wife for fraudulent test kits? Apparently

 

[teratos]

So the question is does the mayor have the authority? Consent of the governed. Did hogan have the authority to close the countless businesses he did? Did he have the authority to force every person to wear a mask outside their home? Did he have the authority to give tax payer money to his wife for fraudulent test kits? Apparently

She does not have the authority.

The other questions are beyond my legal understanding. I would posit that the Framers understood quarantines and infectious disease. Some limited actions are probably Constitutional. As soon as there was no benefit which could be noted, it became illegal.

 

[BigCity]

I know the Chief of Police in Sykesville. Gonna have a chat with him about this.

 

[JollyPedro]

****THIS. I remember hurricane Katrina well as I was in the area at the time and had to evacuate to Valdosta, GA in a rental car. I could not believe sitting in my crappy hotel room watching tv that the order had come out to confiscate firearms as that would leave law abiding citizens defenseless (criminals were not going to turn in their firearms...) from looters and other opportunists/criminals.

Sometimes, the *only* thing some people understand is force, or the threat of it. It is much easier to loot and steal from homes with unarmed folks than armed, and quite a bit of looting happened during Katrina as it probably does during many natural disasters. Many people stayed in their homes or came back once things settled down after the initial storm and there was definitely an element of criminality going on until the National Guard showed up (they were armed..) to try and keep order. I got stuck in Georgia for some time, pretty much glued to the radio and tv as there was not much to do out there with all of the refugees and people displaced, and could not leave immediately due to road conditions and a virtual army of trucks and other equipment headed towards the worst hit areas.

No way I would have given up my guns in such a situation. There was remarkable lawlessness and bad things going on where the police and guard were not around. Being unarmed in such a situation is less than optimal.

I was stationed at Moody AFB in Valdosta, GA at the time and went the opposite direction as you!! I was with the rescue helicopters at Moody AFB and left for LA in a 4 ship 24 hours after the storm hit.. spent a month flying in and around the area picking people up. Saw all of what you were talking about first hand.

 

[teratos]

I know the Chief of Police in Sykesville. Gonna have a chat with him about this.

I’ll be interested in his reply!

 

[Occam]

I would posit that the Framers understood quarantines and infectious disease. Some limited actions are probably Constitutional. As soon as there was no benefit which could be noted, it became illegal.

There's the rub. If it's legal to do it under dire circumstances, and not when it isn't, who decides where the line is between dire and un-dire? It's a judgement call. And that subjectivity is exactly the sort of thing that an elected executive is tasked (and supposedly trusted) with executing.

So, what do you do when the elected executive's judgement is at odds with a significant chunk of the population (or, in practice, their legislative representatives)? That's a POLITICAL matter, because it's a re-evaluation of the political act (an election) that gave that executive power. The cure is impeachment from that executive office. Impeachments are political acts by definition, as are their state-level sometimes counterparts, the recall from office. To get that person out, you have to persuade a lot of people that it's the right thing to do rather than just waiting for the next election cycle to do it the standard way.

When it comes to pandemic-related lockdowns and quarantines, the act is either straight up unconstitutional and can be fought in court/blocked, or it's within the executive's purview, and the best you can do is resort to immediate (impeachment/recall) political acts, or the longer term variety (election of someone else next time) when poor (or sinister!) judgement is on display.

 

[Jimgoespewpew]

Here is the Mayor of Westminster

From her bio......"Dr. Mona Becker has been a resident of downtown Westminster, along with her wife, since moving to the city in 2003" I guess she and her wife will be coming for your guns!
I fear this liberal being elected Mayor of Westminster is the beginning of the end for the Conservative stronghold of Carroll County.

I can see why she's a lesbian. Paging Doctor Manatee!

 

[FrankZ]

The Constitution covers it just fine.

Not to those that think common sense trumps the constitution.

 

[rseymorejr]

Funny thing is a state of emergency is the exact time you'll liable to need your guns.
Come and F***ing get them

 

[KJackson]

I wonder if making an enquiry of the mayor's office would be a wise thing to do. My only concern would be if they got upset by you asking, you could be at the top of the list if they ever decided to do it.

 

[pbharvey]

Here is the Mayor of Westminster

From her bio......"Dr. Mona Becker has been a resident of downtown Westminster, along with her wife, since moving to the city in 2003" I guess she and her wife will be coming for your guns!
I fear this liberal being elected Mayor of Westminster is the beginning of the end for the Conservative stronghold of Carroll County.

I wonder of she ever dated the mayor of sykesville?

 

[RFBfromDE]

Or Mayor of Simpleton....

 

[ras_oscar]

Are you sure this was a recently enacted law in Westminster? May have been passed years or decades ago. If I were smart enough I would look up the history of the regulation before painting responsibility on current office holder.

 

[6-Pack]

Are you sure this was a recently enacted law in Westminster? May have been passed years or decades ago. If I were smart enough I would look up the history of the regulation before painting responsibility on current office holder.

The buck stops at her desk. It's squarely on her. If Westminster still had a law saying only certain religions/races could live in certain areas and it was "forgotten about" whose job would it be to right that wrong?

Don't let elected officials avoid responsibility. I wonder if the County could pass an ordinance invalidating that provision of the Westminster city code?

Also, neat little tidbit: Westminster city police have jurisdiction up one-half mile outside of city limits.

The mayor and common council shall have the power and authority to establish, operate and maintain a police department. All members of the police department shall have the power and authority, within the municipality and beyond those limits for one-half mile, to keep and enforce the laws of the State of Maryland and the City of Westminster