sweeping gun-confiscation bill moving fast in Maryland legislature

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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
 

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4th Amendment

As offered here, this change in the law has significant 4th Amendment issues and may eventually be found to be unconstitutional on the 4th, rather than the 2nd Amendment.

I agree that could happen. But many Democrat-appointed judges are highly result-oriented on gun-related issues (among others), and might disregard 4th Amendment infringements in this context that they would never tolerate in some other context. Most of the federal circuit courts of appeals are currently dominated by majorities of Democrat-appointed judges.
 
NJ is running something through the pipeline as well
 
Update

The Maryland bill, HB 1302, "Extreme Risk Protective Orders," was approved today by the Maryland Senate Judicial Proceedings Committee. Full Senate approval is expected on April 5, with final legislative action likely within days after that. So far, our side has achieved only minor modifications, that do not really address the aspects of the legislation that are most ripe for abuse. Although gun collectors are among those most at risk for the abusive use of the ex parte (one-sided) judicial processes that the bill creates, few collectors have been visible in opposition. There may some rude awakenings in store down the road.
 
"Take the guns first, go through due process second," - President Donald J. Trump, February 28, 2018.

So, Maryland is poised to be the first state to actually enact what the POTUS recommended. We'll see how this turns out, but if this holds up under scrutiny by the courts, then the slippery slope has transitioned to a cliff.
 
As offered here, this change in the law has significant 4th Amendment issues and may eventually be found to be unconstitutional on the 4th, rather than the 2nd Amendment.

The problem with that is the expected outcome will occur only after years of expensive litigation, which few individuals will be able to sustain. Even then, the damage done will never be undone.
 
There should be a federal law that makes false reporting a mandatory 10 year prison sentence upon conviction. No exceptions, whether family, medical, neighbor, or even police. False report go to prison for 10 years.

They would have to prove malicious intent on the part of the citizen doing the reporting. I would imagine this to be quite a task in today's world where "if you see something, say something" is encouraged. I suspect that the people reporting others...would be protected by "Good Samaritan" laws. There should at least be some responsibility on the part of the police and local authorities to first ascertain if the complaint is legitimate...in other words if it passes the "smell test"...rather than resorting to a knee-jerk reaction.
 
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A man was killed by police officers who where "trying to enforce Maryland's Red Flag Law"

First and foremost - obey an officers command, this would have turned out a lot differently for the homeowner.

Maryland's 'Red Flag' Law Turns Deadly: Officer Kills Man Who Refused To Turn In Gun << CBS Baltimore

Stupid law, but poor judgement on the gun owners part.....maybe making bad decisions was one of the reasons he was reported and his ability to be reasonable was diminishing.
 
They would have to prove malicious intent on the part of the citizen doing the reporting. I would imagine this to be quite a task in today's world where "if you see something, say something" is encouraged. I suspect that the people reporting others...would be protected by "Good Samaritan" laws. There should at least be some responsibility on the part of the police and local authorities to first ascertain if the complaint is legitimate...in other words if it passes the "smell test"...rather than resorting to a knee-jerk reaction.

Nope, no Good Samaritan necessary.......the person making the complaint is protected by language in this law from criminal or civil penalties as long as they made their complaint in "Good Faith".
 
So you aver someone advising law enforcement the CA shooter (Wednesday night) was a danger to himself/others was wrong and said shooter should be allowed to 'keep and bear firearms?'


My understanding is that someone indeed did report that shooter to authorities, maybe in April, they investigated, I believe even to the point of a psych exam, and declared him OK.
 
What a scary scary law. I just read up on this. It's an end around on doing away with the 2nd amendment. So if I understand this law makes it possible (and probable in many circumstance) and easy for anyone who doesn't like you or the fact that you own a gun, or is just an anti gun person in general, (Lots of those around) be able to petition a judge, with just their signature, without any evidence, and your gun collection vanishes. You talk about draconian. This violates the constitution at so many levels. I am horrified by this. I say "end around" to gun confiscation because the way this appears to be written, as more anti gun advocates, especially radical anti gun advocates understand the power they have, they can and will just start turning in anyone with a gun or gun collection. It's de facto confiscation by the anti gun advocates without actually writing a law that would not pass. Am I missing something?
 
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