Friends,
Any gun collector in Maryland should take immediate action on dangerous legislation that is currently moving forward in the Maryland legislature. Some version of this legislation is likely to be approved by April 9, 2018, but the details of the language are still in flux.
I am attaching testimony that I presented (on my own behalf) to the Judicial Proceedings of the Maryland Senate on March 23, in opposition to the bill, House Bill 1302. HB 1302 already passed the Maryland House of Delegates and now awaiting action in the Maryland Senate. The version that passed the House, currently before the Senate committee, is attached.
Here's the short version: Under HB 1302 as it passed the House of Delegates, sheriff's deputies can show up at your door and seize your entire gun collection, based on an order issued by any district judge without any form of advance notice to you ("ex parte"), on the basis of a petition filed by a family member, house mate, law enforcement officer, or "any other interested person" (meaning, anyone at all), on the belief that there are "reasonable grounds" to think that you pose a danger of injuring yourself or another person.
Oh, so you think whoever filed the petition was motivated by malice (maybe you had a political argument), or is subjective, or is deluded? You can tell that to a judge -- later. But right now, turn over all your firearms to law enforcement (it is a criminal offense to fail to do so). If the judge later sees things you way, maybe you will see them again, some day -- if you can pry them loose from the lockers at your local police station (you might have to sue the local government).
Some people have proposed revising the bill to allow "only" law enforcement or family members (broadly defined) to file such "extreme risk prevention" petitions. This would lessen, but certainly not remove, the potential for abuse. There are, regrettably, more than a few cases in which gun owners or gun collectors have adult children, perhaps living elsewhere, or spouses, perhaps estranged, who are themselves afflicted with mental disorders, drug habits, or what have you. A gun owner or gun collector should not be forced to suffer great economic or emotional harm, by abrupt confiscation of valued property, based on a petition filed by a family member or housemate who might be deluded or malicious. Nor should a gun collector be made vulnerable to coercive manipulation by the threat of such an unfounded petition.
Please note: This bill is a far cry from the type of "gun violence restraining order" that the NRA recently endorsed in principle. Indeed, an NRA representative testified in opposition to HB 1302 at the same March 23 hearing at which I presented my attached testimony.
A very important decider on the final shape of the bill will be Senator Robert (Bobby) Zirkin, the Judicial Proceedings Committee chairman. Senator Zirkin is a Democrat who represents the 11th Senate district (part of Baltimore County, north of Baltimore). Politely share your concerns:
[email protected]
301-858-3131
The listing of the full membership of the committee -- seven Democrats, four Republicans -- within links to their contact information, is available here.
Again, time is short -- a version of this legislation is very likely to receive final legislative approval by April 9, which is the end of the session.
I am happy to address any questions, by email or private message.
Douglas Johnson
SWCA No. 2404
Any gun collector in Maryland should take immediate action on dangerous legislation that is currently moving forward in the Maryland legislature. Some version of this legislation is likely to be approved by April 9, 2018, but the details of the language are still in flux.
I am attaching testimony that I presented (on my own behalf) to the Judicial Proceedings of the Maryland Senate on March 23, in opposition to the bill, House Bill 1302. HB 1302 already passed the Maryland House of Delegates and now awaiting action in the Maryland Senate. The version that passed the House, currently before the Senate committee, is attached.
Here's the short version: Under HB 1302 as it passed the House of Delegates, sheriff's deputies can show up at your door and seize your entire gun collection, based on an order issued by any district judge without any form of advance notice to you ("ex parte"), on the basis of a petition filed by a family member, house mate, law enforcement officer, or "any other interested person" (meaning, anyone at all), on the belief that there are "reasonable grounds" to think that you pose a danger of injuring yourself or another person.
Oh, so you think whoever filed the petition was motivated by malice (maybe you had a political argument), or is subjective, or is deluded? You can tell that to a judge -- later. But right now, turn over all your firearms to law enforcement (it is a criminal offense to fail to do so). If the judge later sees things you way, maybe you will see them again, some day -- if you can pry them loose from the lockers at your local police station (you might have to sue the local government).
Some people have proposed revising the bill to allow "only" law enforcement or family members (broadly defined) to file such "extreme risk prevention" petitions. This would lessen, but certainly not remove, the potential for abuse. There are, regrettably, more than a few cases in which gun owners or gun collectors have adult children, perhaps living elsewhere, or spouses, perhaps estranged, who are themselves afflicted with mental disorders, drug habits, or what have you. A gun owner or gun collector should not be forced to suffer great economic or emotional harm, by abrupt confiscation of valued property, based on a petition filed by a family member or housemate who might be deluded or malicious. Nor should a gun collector be made vulnerable to coercive manipulation by the threat of such an unfounded petition.
Please note: This bill is a far cry from the type of "gun violence restraining order" that the NRA recently endorsed in principle. Indeed, an NRA representative testified in opposition to HB 1302 at the same March 23 hearing at which I presented my attached testimony.
A very important decider on the final shape of the bill will be Senator Robert (Bobby) Zirkin, the Judicial Proceedings Committee chairman. Senator Zirkin is a Democrat who represents the 11th Senate district (part of Baltimore County, north of Baltimore). Politely share your concerns:
[email protected]
301-858-3131
The listing of the full membership of the committee -- seven Democrats, four Republicans -- within links to their contact information, is available here.
Again, time is short -- a version of this legislation is very likely to receive final legislative approval by April 9, which is the end of the session.
I am happy to address any questions, by email or private message.
Douglas Johnson
SWCA No. 2404
Attachments
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