2024 - HB21 - Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

[dblas]

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

Adding the crime of knowingly being a participant in a straw purchase of a regulated firearm to the list of crimes subject to warrantless arrest; and providing a penalty on conviction of imprisonment not to exceed 10 years or a fine of up to $25,000 or both.

Link to Bill: https://mgaleg.maryland.gov/2024RS/bills/hb/hb0021F.pdf

 

[tallen702]

This seems straightforward and not necessarily bad (though "warrantless" is always worrying to some degree). Is there a catch?

 

[fredthe]

This seems straightforward and not necessarily bad (though "warrantless" is always worrying to some degree). Is there a catch?

I'm wondering the same, but I also worry about anything "warrantless."

 

[chuck]

Catch is that it will never be used.

 

[Inigoes]

This seems straightforward and not necessarily bad (though "warrantless" is always worrying to some degree). Is there a catch?

Treating everyone as a criminal is more efficient.

One must forfeit all of their other rights to invoke their 2A right.

What is a participant? Giving the money to a family member to purchase themself a firearm?

 

[BurkeM]

This seems straightforward and not necessarily bad (though "warrantless" is always worrying to some degree). Is there a catch?

Warrant-less arrests for a felony is inherently unconstitutional. 4th Amendment. 14th Amendment.

4 -The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

14- Section 1- ...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

[Occam]

Warrant-less arrests for a felony is inherently unconstitutional. 4th Amendment. 14th Amendment.

But people get arrested without a warrant for felonious crimes all the time. A cop who stops you in the middle of a bank robbery doesn't need to politely ask you to stand around and wait while he asks his chain of command to get a warrant for the bank robber - whose name isn't even known yet - before placing them under arrest.

 

[fishgutzy]

Catch is that it will never be used.

Unless one is a registered republican or otherwise perceived enemy of the ruling class.

 

[fishgutzy]

Treating everyone as a criminal is more efficient.

One must forfeit all of their other rights to invoke their 2A right.

What is a participant? Giving the money to a family member to purchase themself a firearm?

Depends on whether one is on the State Enemies list.
I have bought my wife multiple firearms. That is not a straw purchase under federal law. But would the state call it such despite the purchases being before we moved to MD?

 

[BurkeM]

But people get arrested without a warrant for felonious crimes all the time. A cop who stops you in the middle of a bank robbery doesn't need to politely ask you to stand around and wait while he asks his chain of command to get a warrant for the bank robber - whose name isn't even known yet - before placing them under arrest.

There is an exception for 'ON VIEW' arrests, where a felony is committed IN THE PRESENCE of an officer.

When that happens, the suspect must be arraigned and the officer formally requests the issuance of an arrest warrant, in compliance with the 4th and 14th Amendments.

If a police officer were standing in a gun store / FFL, he could already make an on-scene arrest w/out a warrant for a felony committed in his PRESENCE.

Conversely, if an FFL calls 911 because they believe a straw purchase just occurred, current law requires the investigating officer take the report, review the allegations with the State's Attorney, prepare a statement of charges and request a magistrate issue a warrant of arrest. With that warrant, the suspect can be placed in NCIC as a wanted person, and police can go make the arrest when the suspect is located.

I know of no reason why the police would want to SKIP the existing warrant process for a NON-VIOLENT offense.

 

[Harrys]

Probable cause can be used also.

 

[rbird7282]

More stupid sh*t introduced by the MGA. MD hardly charges people for this now unless it’s an add on charge. What am I missing?
Would be nice if they spent their time on real criminal activity.


Sent from my iPhone using Tapatalk

 

[Mi.Lee]

I am not a lawyer and have no interest in being one. But, as an American, I can't recall any common citizen ever saying we need "More Warrantless searches" That is just me. I have and would encourage everyone to send in their opposition to this proposed litigation just on the fact of warrantless searches. I can see an officer who is mad that his Glock is having an issue and his local Gun Store or FFL is not fixing the situation fast enough deciding that he thinks there is a straw purchase. This is akin to unscrupulous officers who uses the "I smell weed" excuse to perform an unlawful search during a traffic stop. I'm not saying that all police officers are not honorable but there is a subset that would use this tactic to open the door. One would only need to look at youtube to see this type of activity.

If we do not push back, they are apt to take all of our rights away. This one would be an easy one to write, as not only is this a Constitutional issue but is also covered under the Maryland Constitution.

 

[Allen65]

I am not a lawyer and have no interest in being one. But, as an American, I can't recall any common citizen ever saying we need "More Warrantless searches" That is just me. I have and would encourage everyone to send in their opposition to this proposed litigation just on the fact of warrantless searches. I can see an officer who is mad that his Glock is having an issue and his local Gun Store or FFL is not fixing the situation fast enough deciding that he thinks there is a straw purchase. This is akin to unscrupulous officers who uses the "I smell weed" excuse to perform an unlawful search during a traffic stop. I'm not saying that all police officers are not honorable but there is a subset that would use this tactic to open the door. One would only need to look at youtube to see this type of activity.

If we do not push back, they are apt to take all of our rights away. This one would be an easy one to write, as not only is this a Constitutional issue but is also covered under the Maryland Constitution.

Even if the sponsors know it's unconstitutional, they also know it will cost us significant money and years (or decades like the HQL case) of our lives to fight it in court, with absolutely zero cost to them. Given all that and the political benefits of their virtue signaling to their constituents, why wouldn't they pass this stuff?

 

[whistlersmother]

I'm not convinced the sponsors know anything except how they feel.

Even in their area of expertise, typically lawyer, they're not necessarily knowledge.

They're there by popularity contest in which the most charismatic wins.

 

[RFBfromDE]

I’m not feeling it…

 

[Mi.Lee]

Even if the sponsors know it's unconstitutional, they also know it will cost us significant money and years (or decades like the HQL case) of our lives to fight it in court, with absolutely zero cost to them. Given all that and the political benefits of their virtue signaling to their constituents, why wouldn't they pass this stuff?

I know, there is no review of the garbage legislation that is passed to ensure that it is not unconstitutional and you are right, it does take a huge amount of time, energy and resources to fight these unconstitutional bills, all of which should be used to fight the real problem. Unfortunately, certain parties spout fearporn and until people wake up and realize that they are destroying their own communities through legislation that is being created and passed, like the juvenile reform act sponsored by Will Smith, which makes no one safer and vote those that support such garbage legislation out, we are stuck with the garbage they pass. We either deal with it, or we leave the state. It seems the only true defense to unconstitutional laws are: 28 U.S.C.§ 1983. I really do not recall that honestly being used. Maybe I just have not read enough case law.