Man Up Monday - Sine Die Edition

[Allen65]

HB0947/SB0488 seems nuts. What's the definition of a "Public Nuisance"? Sounds like this becomes a wide open trap to go after anything for any reason.

It is wide open. The wording is such that it means whatever an anti-2A MDAG or or county State's Attorney can convince a anti-2A MD judge it means, with words like "reasonable", and "in the totality" sprinkled in to make sure there are no objective standards that must be met. Plus, it's a strict liability statute; it specifically says that intent doesn't need to be shown to find the defendant liable.

This is one of the draft law templates Everytown is pushing in every state in order to put firearms, magazine, accessory, optics, and ammunition manufacturers out of business by inundating them with lawsuits in multiple jurisdictions, all of which need to be defended against.

On a related note, I haven't seen Esqappellate on here in quite a while. Is he okay? I'd love to hear his take on these types of laws that use the civil court system for abusive ends to achieve what couldn't be achieved through regulation or legislation because of constitutionality issues.

 

[rimfirecollector]

Wondering how many mail-in votes will be "discovered" today.

Doesn't look like the 11% firearms tax passed; last activity entry was on 3/28.

Right, that's the one I was really watching for.

I was bored last night so I watched the final two hours of the legislative session live. I was expecting that one to get rammed through for sure.

Also of note, rather than adopting a Republican's amendment to this bill which would make theft of a firearm a felony, the democrat in charge of the bill (I don't know the correct terms) decided to "special order" the bill until 12:01 - after the session adjourned. Effectively tabling the bill rather than adopting the amendment.

 

[Growler215]

Wondering how many mail-in votes will be "discovered" today.

Doesn't look like the 11% firearms tax passed; last activity entry was on 3/28.

Sounds like the 'Carry Insurance' thing went away as well.

 

[emerald]

It is wide open. The wording is such that it means whatever an anti-2A MDAG or or county State's Attorney can convince a anti-2A MD judge it means, with words like "reasonable", and "in the totality" sprinkled in to make sure there are no objective standards that must be met. Plus, it's a strict liability statute; it specifically says that intent doesn't need to be shown to find the defendant liable.

This is one of the draft law templates Everytown is pushing in every state in order to put firearms, magazine, accessory, optics, and ammunition manufacturers out of business by inundating them with lawsuits in multiple jurisdictions, all of which need to be defended against.

On a related note, I haven't seen Esqappellate on here in quite a while. Is he okay? I'd love to hear his take on these types of laws that use the civil court system for abusive ends to achieve what couldn't be achieved through regulation or legislation because of constitutionality issues.

Are there any states that have already done this, and if so, what has been the outcome?

 

[Phoenix_1295]

Looks like the only, actual, firearms bills that passed were:

HB0947 - “Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2024)”, and

HB0810 - “Criminal Law - Rapid-Fire Activator - Switch/Auto-Sear”

The AD/ND, Insurance, and Firearms Tax bills didn’t make it through.

[ETA links to bills]

 

[Bertfish]

Looks like they avoided making theft a felony again

 

[Phoenix_1295]

HB0947/SB0488 seems nuts. What's the definition of a "Public Nuisance"? Sounds like this becomes a wide open trap to go after anything for any reason.

The reference to “public nuisance” is only how the law is classified. A violation of the law would be a “public nuisance”.

“Public nuisance” is not one of the criteria for being a violation.

 

[emerald]

The reference to “public nuisance” is only how the law is classified. A violation of the law would be a “public nuisance”.

“Public nuisance” is not one of the criteria for being a violation.

We need one of our 2A lawyers and/or MSI experts to chime in here. I read it differently. For easy reference, the text:

Prohibiting firearm industry members from knowingly creating, maintaining, or contributing to a public nuisance through the sale, manufacture, distribution, importation, or marketing of a firearm-related product under certain circumstances; requiring a firearm industry member to establish and implement certain reasonable controls regarding the sale, manufacture, distribution, importation, marketing, possession, and use of certain firearm-related products; authorizing certain civil actions for violations of the Act; etc.

I read this as the "industry members" were the source of the nuisance through their business/activities.

 

[Phoenix_1295]

We need one of our 2A lawyers and/or MSI experts to chime in here. I read it differently. For easy reference, the text:

Prohibiting firearm industry members from knowingly creating, maintaining, or contributing to a public nuisance through the sale, manufacture, distribution, importation, or marketing of a firearm-related product under certain circumstances; requiring a firearm industry member to establish and implement certain reasonable controls regarding the sale, manufacture, distribution, importation, marketing, possession, and use of certain firearm-related products; authorizing certain civil actions for violations of the Act; etc.

I read this as the "industry members" were the source of the nuisance through their business/activities.

That is a summary.

Read through the full text of the law and you will see the specific details of the law and that it classifies a violation as a public nuisance.

Specifically, page 4, line 5.

 

[Growler215]

Looks like the only, actual, firearms bills that passed were:

HB0947 - “Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2024)”, and

HB0810 - “Criminal Law - Rapid-Fire Activator - Switch/Auto-Sear”

The AD/ND, Insurance, and Firearms Tax bills didn’t make it through.

[ETA links to bills]

HB0810 - among other things, mandatory minimum 5 years for a switch. They take away some of the judge's discretion, but the prosecutors will probably drop this charge for gang members anyway.

 

[dannyp]

does anyone know if the lead hunting ammo ban passed ?

 

[emerald]

That is a summary.

Read through the full text of the law and you will see the specific details of the law and that it classifies a violation as a public nuisance.

Specifically, page 4, line 5.

Thanks for clarifying. They should sack whoever wrote the summary.

 

[toppkatt]

I thought Maryland already had a law on the books forbidding any device that increased the 'rate of fire' i.e. trigger cranks etc.
What does this law forbid the other one doesn't already?

 

[RFBfromDE]

I thought Maryland already had a law on the books forbidding any device that increased the 'rate of fire' i.e. trigger cranks etc.
What does this law forbid the other one doesn't already?

It makes them feel better inside for having done something.

 

[Clovis]

does anyone know if the lead hunting ammo ban passed ?

I don't think it made it out of the committee.

 

[dannyp]

I don't think it made it out of the committee.

thanks , that's great news !

 

[emerald]

It makes them feel better inside for having done something.

Yep. Just look at all those bags of confetti....

 

[Phoenix_1295]

I thought Maryland already had a law on the books forbidding any device that increased the 'rate of fire' i.e. trigger cranks etc.
What does this law forbid the other one doesn't already?

It added the specific device to the list in that law.

 

[Phoenix_1295]

Thanks for clarifying. They should sack whoever wrote the summary.

 

[Occam]

Looks like the only, actual, firearms bills that passed were:

HB0947 - “Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2024)”, and

HB0810 - “Criminal Law - Rapid-Fire Activator - Switch/Auto-Sear”

The AD/ND, Insurance, and Firearms Tax bills didn’t make it through.

[ETA links to bills]

They figure they won't need any of those other laws if they can run every brand, store, and FFL out of the state in the first place, and make every manufacturer treat MD like a no-go zone for any sort of shipment, ever. And they just passed a law with that very outcome in mind.