Senate Gun Bill Day prep thread 3/12/15

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  • Mr H

    Banana'd
    This thread will house details regarding bills to be testified both for and against, as they are proposed, and details regarding participation in Annapolis.

    I'll try to updates in as close to real time as I can, but all constructive input is welcomed. If I've missed something, let me know.

    But, in reality, this is your thread to share ideas, pick apart the bills, and offer assistance for testimony.

    As we get closer, we can also coordinate for the days leading up to the hearings.

    Link for all "Gun" bills
    http://mgaleg.maryland.gov/webmga/f...=01&pid=narrowsubjpage&tab=subject3&ys=2015RS

    Committee Guidelines:
    http://mgaleg.maryland.gov/pubs-current/current-jpr-faqs.pdf
     
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    Mr H

    Banana'd
    SB0017 -- Better (x-filed as HB0101)
    "Authorizing a Baltimore City school police officer to carry a firearm on the premises of a Baltimore City public school and any other property used for an educational purpose owned, leased, or operated by, or under the control of the Baltimore City Board of School Commissioners; etc."
    Broadens the conditions under which a city officer may carry a firearm on school -[related] property.


    SB0100 -- PRO (x-filed as HB0767)
    "Clarifying that self-defense can qualify as a good and substantial reason to wear, carry, or transport a handgun for purposes of the issuance by the Secretary of State Police of a permit to carry, wear, or transport a handgun."
    Self-explanatory

    SB0136 -- UNCLEAR
    Prohibiting the earning of diminution credits to reduce the term of confinement of an inmate committed to the custody of the Commissioner of Correction or sentenced to a term of imprisonment in a local correctional facility who is serving a sentence for the use of specified firearms in the commission of specified crimes; prohibiting a court from suspending any part of a mandatory minimum sentence of five years; and applying the Act prospectively.
    Similar to HB0038 (Diminution Credits), but not a formal crossfile. Bears watching as it is from Brochin, along with a mix of others on both sides.


    SB0261 -- Mild PRO (x-filed as HB0189) Passed out of Senate
    "Authorizing the Secretary of State Police to accept a background investigation performed on behalf of an armored car company in place of a criminal history records check performed by the Department of Public Safety and Correctional Services under specified circumstances."
    Simplifies the permit process for armored car employees.


    SB0326 -- PRO (x-filed as HB0477)
    "Authorizing the Secretary of State Police to set the date for expiration of a handgun permit under specified circumstances; and clarifying that an expiration date for a handgun permit does not apply if the permit is renewed under specified circumstances."
    Clarifies renewal periods to the holder's benefit.


    SB0407 -- Neutral
    "Requiring the Secretary of the State Police to issue a specified handgun permit within 120 days under specified circumstances; requiring the Secretary to notify, in writing, each applicant for a permit of the decision to approve or deny a permit within 120 days after receipt of the application; etc."
    Removes ambiguity, requires approval/denial of carry permits if no MSP action in 120 days, requires explanations for denial. No substantive change to law.


    SB0447 -- PRO CONSUMER
    Establishing a sales and use tax exemption period for the 7-day period from the third Sunday in April through the following Saturday for hunting and sporting goods shopping in Maryland during which the sales and use tax does not apply to the sale of firearms, fishing supplies, and hunting supplies if the taxable price of the item is less than $1,000; etc.
    Self-explanatory.


    SB0454 -- PRO (x-filed as HB0464)
    "Specifying that a permit to carry a handgun, including a concealed handgun, issued to an individual by another state is valid in Maryland."
    General acceptance of any state's valid permit.


    SB0530 -- Possible Negative (x-file of HB0857)
    Requiring a court to inform a person convicted of a specified offense that the person is prohibited from possessing a firearm under specified provisions of law; providing that if a person commits a specified offense and the offense is a domestically related crime, the court shall order the person to transfer all firearms owned by the person or in the person's possession; providing for the procedure to transfer firearms; authorizing the disposal of a firearm under specified circumstances; etc.
    Will need research as to whether 6-234 (B) and (C) would apply to convictions that would not currently make for prohibited persons.


    SB0736 -- PRO Passed both houses, on to Governor
    Repealing a provision of law requiring specified firearms manufacturers and dealers and the Department of State Police to take specified actions relating to identification of handguns.
    Repeal of the shell casing requirement, but not noted as a crossfile of HB0039.
     
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    Mr H

    Banana'd
    Updated for SB0530...

    Need someone more adept at scouring the Code, to see if the convictions listed in new sections 6-234 (B) and (C) would apply to offenses that were previously not disqualifying.

    If they would, than this is a definite Anti bill.

    Otherwise, it seems to provide for a way to get some firearms out of the hands of criminals.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    I would love for any of the pro bills to make it out of committee...

    Agreed, so an open vote of the full chamber is forced and the anti's will have to take a public position that can be used against them as "common sense" issues.
     
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    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,392
    Darlington MD
    Brought current.

    it looks like it a warning ti criminals that pleading guilty has consequences, and the judiciary must inform them of those consequences. like the loss of gun and voting rights. and then provides a restoration process for some of those consequences.

    a major complaint in the city is that because of o'malley's criminal crackdowns as mayor, many people are stuck in poverty and have no option other than crime because of criminal records et al. i disareee with that, but whatevs
     

    Mr H

    Banana'd
    it looks like it a warning ti criminals that pleading guilty has consequences, and the judiciary must inform them of those consequences. like the loss of gun and voting rights. and then provides a restoration process for some of those consequences.

    a major complaint in the city is that because of o'malley's criminal crackdowns as mayor, many people are stuck in poverty and have no option other than crime because of criminal records et al. i disareee with that, but whatevs

    SB0530?

    On the surface, I agree.

    I'd still want someone with Code chops to pick it apart.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    New entry today for SB0736

    No text yet, but may be the Senate version of repealing shell casing requirements.

    Assigned to Rules, no date.

    If it assigned to rules, it may not make it to committee.
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    SB0136 -- PRO-Public

    Prohibiting the earning of diminution credits to reduce the term of confinement of an inmate committed to the custody of the Commissioner of Correction or sentenced to a term of imprisonment in a local correctional facility who is serving a sentence for the use of specified firearms in the commission of specified crimes; prohibiting a court from suspending any part of a mandatory minimum sentence of five years; and applying the Act prospectively.

    Similar to HB0038 (Diminution Credits), but not a formal crossfile. Bears watching as it is from Brochin, along with a mix of others on both sides.

    I fully understand many folks having mixed feelings on this one, both for its source (:puke2:) and for the singling out of firearms as a trigger. I think this might be a good case for the "Favorable with amendments" route, if the triggering extended beyond firearms to the use of any weapon. If a criminal has violated the social contract to the point that they used any tool to cause physical harm, they need to be separated from society for a good long time.
     

    JasonB

    Ultimate Member
    Sep 4, 2012
    2,580
    Belcamp
    I fully understand many folks having mixed feelings on this one, both for its source (:puke2:) and for the singling out of firearms as a trigger. I think this might be a good case for the "Favorable with amendments" route, if the triggering extended beyond firearms to the use of any weapon. If a criminal has violated the social contract to the point that they used any tool to cause physical harm, they need to be separated from society for a good long time.

    Agreed. Keep the threats locked up regardless of their weapon of choice.
     

    Dieselfool

    Active Member
    Jun 19, 2013
    691
    Westminster, Carroll County
    Food for thought on SB0136.
    A friend was involved in a road rage incident in the city. Car behind was in a hurry and bumped my friends car. He put the car in park and sat there for a moment. He looked around before getting out to make sure he wouldn't be bum-rushed, then he got out with the club he keeps next to his seat. After a quick assessment of his surroundings, he threw the club back in the car figuring that it was not necessary for defense. Fast forward. Police arrive and the person in the car that hit my friend told the officer that my friend got out with the club. Officer arrested my friend on assault w/ deadly weapon charge. Lucky for my friend, the Judge dismissed the charge in court after a lengthy explanation. He would be facing a mandatory minimum for self-defense.

    BTW. My friend is very passive, I have known him for a long time. There were witnesses that told the officer that my friend didn't threaten anyone and that the guy in the car behind was lobbing a barrage of expletives at my friend.
     

    Mr H

    Banana'd
    I fully understand many folks having mixed feelings on this one, both for its source (:puke2:) and for the singling out of firearms as a trigger. I think this might be a good case for the "Favorable with amendments" route, if the triggering extended beyond firearms to the use of any weapon. If a criminal has violated the social contract to the point that they used any tool to cause physical harm, they need to be separated from society for a good long time.

    Just to clarify... my notations are my initial impressions, and by no mean formal assessment.

    As I posted over in the House thread, I think it may help to see an amendment narrowing this to apply to repeat offenders.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Not necessary. This would be for *convictions* No slack should be awarded. Think of all the crap that would be taken off of the streets with this.
     

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