Registeration/Licensing..no so fast

[paperwork351]

Can these two SCOTUS 1st Amendment cases help since Heller affirmed a basic individual right and not a collective one? I've looked at a few summaries but I haven't stumbled across applications to the 2nd. What does the legal eagles think? These are interweb blurbs. Needs some "splainin'"

"No State shall convert a liberty into a privilege, license it, and charge a fee therefor." --Murdock v. Pennsylvania, 319 US 105, US Supreme Court. (1943)

The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573. (1944)

 

[jessebogan]

The problem we have here is, the "rulers" have no interest in the Constitution, the State Constitution, court precedent, or any thing else that is not in absolute lockstep with their march to tyranny. The thread on Cardin, 20 "communications" equals "silent majority", thousands equals "some pesky activists" W.T.F. Over!!!It is becoming apparent to me that we no longer have a Constitutional Republic, and I must have missed the notification of that change. I am thinking it might be time to change the tone of communications with TPTB. I am no longer asking for their "indulgence" in writing laws that will restrict my RIGHTS, I think it is time to point out the consequences to their political futures if they don't "smarten up". Due to the nature of my job, I come in contact with a large number of people every week. I will have nothing more pressing to do than to lobby for dumping the politburo ASAP. (Strangely enough, a pretty broad cross section of people here in MoCo have conservative leanings....) Enough is enough.I WILL NOT be dictated to by these fools......

Jesse in Rockville
2nd generation NRA life member
GOA member
Pissed off citizen

 

[BondJamesBond]

Can these two SCOTUS 1st Amendment cases help since Heller affirmed a basic individual right and not a collective one? I've looked at a few summaries but I haven't stumbled across applications to the 2nd. What does the legal eagles think? These are interweb blurbs. Needs some "splainin'"

"No State shall convert a liberty into a privilege, license it, and charge a fee therefor." --Murdock v. Pennsylvania, 319 US 105, US Supreme Court. (1943)

The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573. (1944)

Fine. the Maryland General Assembly will still pass any laws it wants. It would take how long for any challenge to get to SCOTUS? How many new justices will Obama have before then?

 

[Mr H]

Right on.

And...

Try getting anything back that you might have been ordered to turn in.

Try reopening your firearms business.

Try protecting your family with the guns you no longer have.

How much can tyranny grow in the interim!!

 

[CrueChief]

The problem we have here is, the "rulers" have no interest in the Constitution, the State Constitution, court precedent, or any thing else that is not in absolute lockstep with their march to tyranny. The thread on Cardin, 20 "communications" equals "silent majority", thousands equals "some pesky activists" W.T.F. Over!!!It is becoming apparent to me that we no longer have a Constitutional Republic, and I must have missed the notification of that change. I am thinking it might be time to change the tone of communications with TPTB. I am no longer asking for their "indulgence" in writing laws that will restrict my RIGHTS, I think it is time to point out the consequences to their political futures if they don't "smarten up". Due to the nature of my job, I come in contact with a large number of people every week. I will have nothing more pressing to do than to lobby for dumping the politburo ASAP. (Strangely enough, a pretty broad cross section of people here in MoCo have conservative leanings....) Enough is enough.I WILL NOT be dictated to by these fools......

Jesse in Rockville
2nd generation NRA life member
GOA member
Pissed off citizen

My guess is most of the legislators in Annapolis don't believe that they will be "fired" over this. They don't think anyone will remember this issue in 2014 when they come up for re-election.......I think I agree

 

[rob-cubed]

My guess is most of the legislators in Annapolis don't believe that they will be "fired" over this. They don't think anyone will remember this issue in 2014 when they come up for re-election.......I think I agree

None of them that will vote "yes" on O'Malley's bill were getting our votes to begin with... so they don't fear re-election fallout like delegates in a more balanced state might.

 

[Schwabe]

Can these two SCOTUS 1st Amendment cases help since Heller affirmed a basic individual right and not a collective one? I've looked at a few summaries but I haven't stumbled across applications to the 2nd. What does the legal eagles think? These are interweb blurbs. Needs some "splainin'"

"No State shall convert a liberty into a privilege, license it, and charge a fee therefor." --Murdock v. Pennsylvania, 319 US 105, US Supreme Court. (1943)

The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573. (1944)

And if a law suit is finally filed it will "linger" in several courts for 4-5 years, appealed, stay, appeal .....

By the time it is over and maybe over turned all firearms seized for not adhering to the now over turned, un-constitutional law will long have since been destroyed .... and people in Maryland will have the notion that you cannot buy firearms in Maryland ... period .... or that you cannot afford to pay for the same firearm over and over again in licensing fees ...NEXT

 

[Brooklyn]

very good chance of a stay and expedited appeal.

Never
Never
Never
Give up.


It has not even passed yet. And a Stay is a good
possibility.
IANAl

 

[bpSchoch]

we have to immediately file an emergency injunction if this passes as it affects personal liberties and safety

 

[gungate]

What the law and case-history says is largely immaterial. The richard-wads will do what they want and fat-ass nasty hoe bag SC justices will rubber stamp it whichever way the Imposter in Chief tells them to.

 

[Cig Sour]

Didn't they just force everyone to buy health insurance or else?

 

[pcfixer]

there is always jury nullification.