HB 1001 and SB 943

dgapilot · Feb 10, 2016

Gotta love this, you get a protective order against you and you have to turn in your guns. No due process, and then the last line says this:

(E) IF A PERSON TRANSFERS A FIREARM TO A LAW ENFORCEMENT AGENCY 4 UNDER THIS SECTION, THE AGENCY MAY DISPOSE OF THE FIREARM.

Now I can see if someone is a danger to others they shouldn't have access to guns, but this is way overboard! It's just way too easy to get a PO against someone.

PJDiesel · Feb 10, 2016

I filed a protective order AGAINST someone else, about 2 years prior to applying for my MD carry permit (first time/around 2002). I was not asked about it during my interview. About 40 minutes after I left the barracks I got a call from the Trooper that did my interview, he asked me why I "lied to him about the exparte".

Of course, I replied,... "I wasn't me it was filed against",... he (being the dicks they can be) said basically something to the effect that he thought I was being evasive. Of course, everyone who applied without a business reason during those years knows the rest, I was denied.

Point being, they can already be asses about these kind of things (yes, even when YOU are the one asking for protection), so, I can see this being abused to the max.

AssMan · Feb 10, 2016

What's the issue? It's just "common sense."

And since Hogan can't sustain a veto, well, you know the rest...

Sent from my iPhone using Tapatalk

ComeGet · Feb 10, 2016

lonzo said:
Even if this is passed, I dont think it will hold up in court and I believe is unconstitutional. It would go against the 2nd and 4th. They cant not make you turn in your weapons without a court order.

Hm. We can only hope.

Meanwhile in California...

http://www.csmonitor.com/USA/USA-Up...milies-to-petition-for-gun-restraining-orders

lonzo · Feb 10, 2016

ComeGet said:
Hm. We can only hope.

Meanwhile in California...

http://www.csmonitor.com/USA/USA-Up...milies-to-petition-for-gun-restraining-orders

Well, i had to delete my message because I replied without reading maryland SB 943, I least read the first page which the OP quoted from.

That bill isn't too bad. To sum it up, the court does tell you that you must do this.

Heck, it even says it in the purpose; "FOR the purpose of requiring a court to inform a person convicted of a certain offense that the person is prohibited from possessing a certain firearm under certain provisions of law; requiring the court to advise the person that certain proof must be provided to the court that certain firearms owned by the person or in the person’s possession have been transferred from the person’s possession; providing for the procedure to transfer certain firearms; requiring a person accepting a transferred firearm to issue a certain notice or proof of transfers; requiring a person who is subject to a certain order to file certain proof with the court or attest certain facts to the court within a certain period; authorizing the disposal of a certain firearm under certain circumstances; defining certain terms and generally relating to firearms. "

In other words, you had to have been found guilty of a Dom crime in the first place...Now I havent looked at HB 1001..edited to add: I tried to find HB 1001 but not finding it, are you sure thats right?

now one can still argue that it violates the 2nd and 4th...but we do take away ones voting rights and other rights....

dgapilot · Feb 10, 2016

In the MD version, it's conviction, or an Order of Protection.

I don't have a problem with having to give up guns after a conviction, but you w=should get fair market value for them.

I do have a problem with the Protective Order. Yes I can see the advantage of a temporary forfeiture (very short term) until you can make your case on a Protective Order, but then again given what I've seen with some judges, you would still get screwed. There is no easy answer. It's back to Due Process.

Give up your guns, give them to a FFL, or give them to the State Police. If you give them to the State Police, they can dispose of them, and you would never see them again!

AACo · Feb 10, 2016

Just SBR every rifle you own.

I'd like to see them "dispose" of an NFA item and what the ATF would think of that!

Kidding...but I do wonder.

Ranchero50 · Feb 10, 2016

From what I was reading last week a peace order (not family) already has a firearms confiscation attached to it. Not sure why a protective order (family) wouldn't.

mxrider · Feb 10, 2016

Just sent the following email to Senator Astle (my rep)

Senator Astle,

As a constituent of Anne Arundel County, I would like to ask you a few questions.

1. Would you please explain to me how you could vote to allow current felons on parole the right to vote?
2. Today, there were two bills introduced in the Senate and I would like to know your feelings on them:
A: SB0943- Criminal Procedure - Firearms – Transfer
B: SB0906- Weapon-Free Higher Education Zones
3. In Addition to these two bills, HB1000 Public Safety - Firearms - Terrorist Watchlist was introduced in the house. This has not yet been cross filed, but would you support this bill if it were?

Sincerely,
MXRider

HB 1001 and SB 943

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