Proposal: Amend the MD State Constitution

[2n3904]

I've been eyeing through the threads here, and I'm a little disappointed in what I've been seeing. Most of the discussions seem to be focused around "Who's getting an HQL". If all we're doing is being reactionary, our rights will slip away right infront of our very eyes. I can just imagine Frosh standing up and lauding the premier online forum for MD shooting sports for supporting and advocating the HQL process. Is that all we've got?

We need to be pro-active about next legislative session, and I'm not hearing any ideas besides the DINO's. So here's something I bumped into this morning. California is trying to get a state constitutional amendment for gun rights. If they can do it, why can't we?

According to the NRA-ILA, "Maryland has no constitutional provision granting a right to bear arms." What do you think guys, is it time our state recognized our rights by amending its constitution?

This is something I'd like to see start rolling. Am I a little naive about our legislative process? Sure--but I haven't seen any other ideas besides "lets all be really angry on Feb 4th". To attempt to gauge support, I've attached a binary poll here. Please vote on this. If there's enough support, I'll go about contacting the good folks at Del. Smigiel's office to see what's up.

Aside #1: Maybe more discussions are happening by the water cooler, but since I don't post frequently enough it's rather difficult to gain access there. What do you need, one hundred posts?

Aside #2: If you have your own ideas about what we should do next election cycle, please propose them in your own thread, and mark it with "Proposal".

Edit: Just wanted to put this relevant quote here from the article.

“It’s our duty, and the legislature’s, and the governor’s to protect and defend our rights, and they are not doing it,” said organizer Robert Carrell.

 

[2n3904]

Just as a note. I've set the poll to close in 7 days. Votes will be kept private.

I have cast the first vote in favor.

As another aside... "I'm not sure" is not an option gents. Indecisiveness and inaction are equivalent to not supporting the idea--so please let me know what support I've got here (if any).

PS: My feelings won't be hurt if you don't agree with my ideas.

 

[hogarth]

I voted for. But I think this is pissing in the wind.

We have the U.S. Constitution to already outline this right, and no one in Annapolis seems to care. This amendment would never come to be, and if it did, they would ignore it.

 

[Fox123]

I would need to see the language.

 

[1BADI5]

Fire for effect, sure.

 

[MDFF2008]

I would support this, but in reality it wouldn't matter all that much. In McDonald vs Chicago, the Supreme Court held that the 2nd Amendment is binding on all states.

 

[Wendigo]

Read Art.2 and Art.28 of MD Constitution's Declaration of Rights. Everything we need is already there, any change would only infringe further on our rights.

Edit: http://msa.maryland.gov/msa/mdmanual/43const/html/00dec.html

 

[Gryphon]

I am in, but you need the GA to pass an amendment to the Maryland Constitution, and they are already breaking their oaths:

Oath for General Assembly members - "I, [ ], do swear, [or affirm], that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of [ ], according to the Constitution and Laws of this State."

In addition to the above oath of office, there are 44 lawyers in the General Assembly. 12 in the Senate and 32 in the House. To become admitted to the Maryland Bar they took the following oath before the Court of Appeals:

"I do solemnly swear (or affirm) that I will at all times demean myself fairly and honorably as an attorney and practitioner at law; that I will bear true allegiance to the State of Maryland, and support the laws and Constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the Constitution, laws and government thereof as the supreme law of the land; any law or ordinance of this or any State to the contrary notwithstanding."

 

[matt]

Not to sound defeatist- but I'm fairly certain that one of the first lines of the MD constitution stipulate the state will honor the COTUS.

Criminals don't follow laws- the same as our politicians honoring the COTUS, they play for the same team.

 

[sgt23preston]

It's a great proposal, but...

Name 5 delegates that would bring it forward & could make it even get out of committee..?

Whether we want to believe it or not, Merry-Land is an Ultra Liberal State equal to New York & California...

And we continue to elect the most Socialist Candidates...

I truly doubt that we will ever see another Republican Governor...

I'm an old guy, I've seen it happen steadily for 70 years & until the electorate wakes up or changes, we're stuck in a tarp pit named Merry-Land...

 

[montoya32]

Smigel is already proposing a bill to repeal SB281.

How would amending the state constitution remove the regulations imposed by SB281?

 

[2n3904]

Well, I'm darn glad to hear people are in support on this. A few responses...

How would amending the state constitution remove the regulations imposed by SB281?

That isn't the goal of this proposal! It's not all about SB-281. I'd like to see it go, but there's a bigger picture than just one bill. Though, I did just read about Smigiel's bill while signing up as a member at MSI, and I'm very glad to hear it!

I'm an old guy, I've seen it happen steadily for 70 years & until the electorate wakes up or changes, we're stuck in a tarp pit named Merry-Land...

I know it's easy to get jaded... I wanted to give up on this state as well. Not yet my friend, don't lose hope yet.

I am in, but you need the GA to pass an amendment to the Maryland Constitution, and they are already breaking their oaths

Yup, and that's what leads to people losing hope. We need to make these people realize we're not happy with their performance. They either need to change, or we need to get these people out of office.

Read Art.2 and Art.28 of MD Constitution's Declaration of Rights. Everything we need is already there, any change would only infringe further on our rights.

Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.

This is starkly different from the 2nd Amendment. It guarantees no rights for gun ownership. And in that vein...

I would need to see the language.

Of course! It's not something we'd want to rush in and make a mistake...

I voted for. But I think this is pissing in the wind.
li
We have the U.S. Constitution to already outline this right, and no one in Annapolis seems to care. This amendment would never come to be, and if it did, they would ignore it.

More subtle things come out of this than words changing on an HTML page. Remember, the more active we are, the more people in MD will talk. Changing minds is a part of our goals, and we need to ensure people understand this is about their rights being stripped from them. This is a very interesting time we're living in. Eight years ago people were livid at the government for going to war in the Middle East, and they voted in the current regeime. Now, however, they're starting to see the effects of giving away so many of their rights away to the government, and they're starting to have reservations about it. When you find people on liberal sites like Reddit coming out in support of 2A rights, it raises an eyebrow.

Like I said, I know this is a rather "idealistic" approach... but it's not meant to stand alone. Relying solely on words on paper results in organizations like the UN. What makes us different is that we back up what's on the paper with our actions. I should make another thread... just talking about this made me realize we need to have a method to remove politicians that don't uphold their oath Colorado style.

 

[Vile Shadow]

Smigel is already proposing a bill to repeal SB281.

How would amending the state constitution remove the regulations imposed by SB281?

Could an amendment to the state constitution render the FSA unconsitutional?

 

[Mooseman]

I'm not sure what it would do for us but I would like to see it happen.

 

[tball]

No, we have rights guaranteed by the U.S. Constitution

I wouldn't want the MD Legislature to touch it. They have already shown that they have no respect for our rights guaranteed under the U.S. Constitution. We have to fight for our Constitutional rights in the courts and voters booth.

Help take out the trash in November. Now is the time to get involved in the political process and support good candidates and Vote out the bad ones!!!!! If you don't get involved then YOU are part of the problem. By not getting involved, you are letting our legislators think you agree with what they have been doing. Educate people by letting them know what rights they have lost, what taxes and fees have been raised: mention the rain tax, gas tax, higher tolls, etc. Maryland is one of the highest taxed, most regulated and least free states in the country. Do you want to allow the same people to represent us for another term or vote in someone who will actually represent the people in their district?

 

[montoya32]

I wouldn't want the MD Legislature to touch it. They have already shown that they have no respect for our rights guaranteed under the U.S. Constitution. We have to fight for our Constitutional rights in the courts and voters booth.

Help take out the trash in November. Now is the time to get involved in the political process and support good candidates and Vote out the bad ones!!!!! If you don't get involved then YOU are part of the problem. By not getting involved, you are letting our legislators think you agree with what they have been doing. Educate people by letting them know what rights they have lost, what taxes and fees have been raised: mention the rain tax, gas tax, higher tolls, etc. Maryland is one of the highest taxed, most regulated and least free states in the country. Do you want to allow the same people to represent us for another term or vote in someone who will actually represent the people in their district?

Give them the idea that they could amend the constitution and who know what the hell will happen.

 

[Biggfoot44]

Disclaimer #1 - There have been States have a State Constitutional Amend remove existing gun control statutes.

Disclaimer #2 - There are States with RKBA Amendments more powerful than the 2A .

But meanwhile here in Md.

What would be the real goal ? Warm fuzzy feelings of * by gosh , we're trying for "somthing" " ? In that case it would be a better idea by comparison than the still born Referendum . Still futile , but lesser counterproductive consequences. The time, effort, and expenses that it would take would be more productivly used by frequent in person lobbying in Annapolis.

 

[asdaven]

Maryland has no provision for firearms In the state constitution, however its in the US Constitution. The States have to follow the US Constitution regardless.

 

[2n3904]

I wouldn't want the MD Legislature to touch it. They have already shown that they have no respect for our rights guaranteed under the U.S. Constitution. We have to fight for our Constitutional rights in the courts and voters booth.

Give them the idea that they could amend the constitution and who know what the hell will happen.

That's one thought I had. We could end up with totalitarian amendments instead of liberty preserving ones. So be it. It'll either drive MD residents to action, or be the end of our liberties.

We could sit here idly. Perhaps our liberties will live for another year or two, maybe five, maybe ten. Who knows. We could simply enjoy them while they last, and after the torch's snuffed out, we can say "it was nice while it lasted."

As for me? I don't like that option.

What would be the real goal? Warm fuzzy feelings of * by gosh, we're trying for "somthing"? In that case it would be a better idea by comparison than the still born Referendum.

If you ask me, this is the real danger of this proposal--not the risk of the tables getting turned on us. What do you say? How do we prevent this from happening?

Maryland has no provision for firearms In the state constitution, however its in the US Constitution. The States have to follow the US Constitution regardless.

So people have been asking this a lot, and your spin on the question finally resonated with me. This is another very good question, and I'd like someone with more wisdom than I to answer it. Should the states re-affirm The Constitution by enumerating the rights of their citizens in their own constitution? Or is it simply enough to swear to uphold the federal constitution? Someone talk history to me... I'm sure this has been a topic of debate in the 1700's.

 

[Wendigo]

Read Art.2 and Art.28 of MD Constitution's Declaration of Rights. Everything we need is already there, any change would only infringe further on our rights.
Quote:
Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.
This is starkly different from the 2nd Amendment. It guarantees no rights for gun ownership. And in that vein...

So, did you not understand Article 2 or just ignore it? It states that the U.S. Constitution is the supreme law of the land. So, we already have the 2nd Amendment to protect our rights in the MD Constitution.

Any amendment coming out of our legislature will be infringing on our rights, not protecting them.