frosh: a good defense is a good offense

nedsurf · Dec 9, 2014

Quick brainstorm thread here. The diplomacy has left the room with the guerrilla legislative tactics of 2013 employed by our opposition. I propose a way of similarly handling the frosh problem for at least the next four years.

How effective would it be to clog up the frosh AG office with tons of requests for formal AG opinions on our favorite topic? We could subsequently use these as a springboard for state level tort claims for violating our rights.

Potential issues:

We can run afoul of the careful chess game currently being played in the courts by SAF, NRA etc...

Official opinion letters may not give anyone standing for a tort claim until frosh goes to enforce it. Not a pleasant situation for the accused. Even requesting lots of opinion letters would tie up his office regardless.

Thoughts?

K31 · Dec 9, 2014

How would you feel if those opinions came back contrary to already favorable ones?

montoya32 · Dec 9, 2014

Frosch is already taking the offense and sticking his nose into state licensing departments and pushing his twisted agenda. We will have to hope that Hogan sets the line and appoints some good people to keep Frosch out of the mix.

nedsurf · Dec 9, 2014

K31 said:
How would you feel if those opinions came back contrary to already favorable ones?

As for the AG opinions, we can pretty much be assured with frosh they will come back contrary to our interests. This is temporary inconvenience if we have a good case on the matter and we are willing to see it through. It appears the more restrictive he makes things, the better our case.

This does three things for us. We expose and clarify what many believe (including myself) to be intentional ambiguities in MD firearms law that is responsible for BGOS/chilling effect on the exercise of 2A in MD. Secondly, done intelligently, we could see progress through this process. We should not fear losing the favorable opinions we have gotten so far if it means a better future overall. The bones thrown to us by the few favorable AG opinions we have gotten are not the whole meal. Lastly, we keep frosh on his toes and busy. Idle hands make the devil's work and all that...

I defer to the MD history that some here might know by being at this much longer than I. I just don't know if it is viable by the procedure available to us and other pertinent details.

As for court opinions; agreed, its a careful game. Can't violate precedent though the judiciary can cut a very thin slice to get what they want.

6-Pack · Dec 9, 2014

What about requesting opinions on non-2A matters? I'm sure we could some up with something a few times a day...

This would just create work for him and possibly be thorn in his @$$.

wjackcooper · Dec 9, 2014

Opinion requests are apt to be answered* (if at all) by a form letter.
Regards
Jack

http://www.oag.state.md.us/Opinions/faq.htm#private

*Can a private person request an Opinion of the Attorney General?
The Attorney General's Office is unable to respond to requests for Opinions from private citizens or lawyers. We do not have the resources to undertake the many hours of legal research and writing that would be necessary to respond formally to such inquiries. Hence, as a general rule, we must limit ourselves to responding to inquiries from the various governmental agencies and officials that, by law, we are required to represent and advise. Of course, if a prior formal Opinion of the Attorney General is responsive to your question, you may download it from this website or request a hard copy from us by e-mailingopinions@oag.state.md.us.

K31 · Dec 9, 2014

nedsurf said:
As for the AG opinions, we can pretty much be assured with frosh they will come back contrary to our interests. This is temporary inconvenience if we have a good case on the matter and we are willing to see it through. It appears the more restrictive he makes things, the better our case.

This does three things for us. We expose and clarify what many believe (including myself) to be intentional ambiguities in MD firearms law that is responsible for BGOS/chilling effect on the exercise of 2A in MD. Secondly, done intelligently, we could see progress through this process. We should not fear losing the favorable opinions we have gotten so far if it means a better future overall. The bones thrown to us by the few favorable AG opinions we have gotten are not the whole meal. Lastly, we keep frosh on his toes and busy. Idle hands make the devil's work and all that...

I defer to the MD history that some here might know by being at this much longer than I. I just don't know if it is viable by the procedure available to us and other pertinent details.

As for court opinions; agreed, its a careful game. Can't violate precedent though the judiciary can cut a very thin slice to get what they want.

As any Frosh opinion is likely to be bad for us, I don't see the up side. Changing an existing favorable opinion or worse yet, adding more unfavorable ones is going to mean that we are stuck with them for at least four years, maybe eight, maybe more. I didn't see much in the way of opposition to Frosh's campaign ads so if I had to bet, it would be more than 4 years barring him running for Governor.

As for bogging him down as someone has already pointed out you have to get a friendly legislature member to submit a request in the first place. I don't know if a time limit exists for him to respond but he is likely to hand anything to underlings to craft for his approval in any case.

Bob A · Dec 9, 2014

Giving the AG the opportunity to spend taxpayer dollars by delegating 2A stuff to a staffer - "Here, shoot this down as destructively as possible" - is not going to dismay the Baron, nor bog him down. It merely makes it a little easier for him to pursue his agenda.

dblas · Dec 9, 2014

The other option is to start combing through COMAR and sending in suggested amendments to COMAR to the respective Department Secretaries. If the suggested amendments aren't taken and used, then that department and Secretary are now open to a lawsuit in circuit court, and thus open to all sorts of discovery, that the AGs office has to supply and defend.

woodstock · Dec 9, 2014

Bob A said:
Giving the AG the opportunity to spend taxpayer dollars by delegating 2A stuff to a staffer - "Here, shoot this down as destructively as possible" - is not going to dismay the Baron, nor bog him down. It merely makes it a little easier for him to pursue his agenda.

rwbow1969 · Dec 9, 2014

dblas said:
The other option is to start combing through COMAR and sending in suggested amendments to COMAR to the respective Department Secretaries. If the suggested amendments aren't taken and used, then that department and Secretary are now open to a lawsuit in circuit court, and thus open to all sorts of discovery, that the AGs office has to supply and defend.

Where the hell is the like button.

Mark75H · Dec 9, 2014

I agree with K31 ... let sleeping dogs lie

Vile Shadow · Dec 9, 2014

Mark75H said:
I agree with K31 ... let sleeping dogs lie

I'm inclined to agree as well.

On the other hand, it would be naïve to assume that he doesn't already know what we know, and may not already have several anti 2-A irons in the fire, so to speak.

Bolts Rock · Dec 9, 2014

dblas said:
The other option is to start combing through COMAR and sending in suggested amendments to COMAR to the respective Department Secretaries. If the suggested amendments aren't taken and used, then that department and Secretary are now open to a lawsuit in circuit court, and thus open to all sorts of discovery, that the AGs office has to supply and defend.

rwbow1969 said:
Where the hell is the like button.

The review board has been stalling on a firearms review request submitted 09/23, 10/24 an AG opinion Delegate Smigiel got was added to the submission. No board action taken as of 11/23 (60 days) and in fact none taken to date with the 12/04 meeting indefinitely postponed. It is a short, very specific request where the statute they (MSP) use as justification for banning actually bans a non-existent rifle; the AG opinions flat out states the rifle requested for review is cash & carry legal.

I smell stalling hoping for a Brown victory and then to limit the time window before Frosh can render an opinion.

Mark75H · Dec 9, 2014

I would not put it past them. From what I hear, CCW renewals are way down.

yellowfin · Dec 10, 2014

Why not just dig up every possible bit of dirt on him and put him on public trial for being the scumbag he is? Sic the tabloids on him. Make him not want to show his face anywhere. Make him get disavowed by all his connections.

Afrikeber · Dec 10, 2014

I like the brainstorming taking place to deal with Frosh and this should continue but this idea will do more harm then good......I like the public exposure of his indiscretions perhaps a paparazzi type effort to expose him. Nothing that even appears illegal though as that would only elevate his efforts and stature in the libtard community.

Norton · Dec 10, 2014

I hear that sustained efforts to put in numerous PIA requests for obscure documents can really tie up an office's resources. :innocent0

fjm0008 · Dec 10, 2014

I was driving home today and a Crown Victoria with SG Maryland tags cut me off. I stopped at the light next to the vehicle and Frosh the law does not apply to me was driving and talking on his cell phone. He took off like a bat out of h**l from the light. If I had my video running it would have been a great one to go viral. He is not Teflon. His arrogance is his vulnerability.

Vile Shadow · Dec 10, 2014

I don't think that would make much difference. People like that are his base. :sad20:

frosh: a good defense is a good offense

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