Proposal: Amend the MD State Constitution

[dblas]

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.

Have you checked out the 2A Tuesday thread(s)? Have you signed up for e-mail notifications from MSI? If not then you are missing a few ideas and other things.

 

[Alutacon]

California is trying to get a state constitutional amendment for gun rights.[/url] If they can do it, why can't we?

here's a heads up. unfortunately, they can't do it and neither can we. it's sad news, but it's the truth.

 

[F8L_Funnel]

Unfortunately in MD we only have the ability to do a referendum, we cannot propose or force a vote to change or create new law.

 

[2n3904]

Have you checked out the 2A Tuesday thread(s)? Have you signed up for e-mail notifications from MSI? If not then you are missing a few ideas and other things.

Signed up as a sustaining member this afternoon. I've yet to develop much opinion on how MSI works, as my only run-in with them was during the 281 hearings. Was fairly positive then, but I'll continue to develop my opinion as I get to know them better.

I read the 2A Tuesday thread in the MD 2A Issues forum, but it was mostly pertaining to event awareness and transportation. I'm sure there's lots of talk over at the water cooler, but until I gain access to that area... I'll have to do it here.

Back on topic though, what are your thoughts?

Unfortunately in MD we only have the ability to do a referendum, we cannot propose or force a vote to change or create new law.

Not directly. Maybe we should have that ability. In the mean time, I can at least speak about it with the good folks in Annapolis and see what we can manage. Do you think it's worth a shot?

 

[Devil Dog]

No offense but why do people waste their time on tilting at windmills like this?

 

[Clovis]

Not certain I'm correct, but I think an amendment to the MD constitution will require a constitutional convention. The last time I recall constitutional convention was during the '60s where the delegates decided to keep a Senator from each county but when the convention was done the Senators went to the districts and was confirmed by referendum. If we still had a Senator from each county, this state would be quite different. I would work toward what MSI and AGC and other state groups want to accomplish this year and bring as many as you can to February 4.

 

[2n3904]

Not certain I'm correct, but I think an amendment to the MD constitution will require a constitutional convention. The last time I recall constitutional convention was during the '60s where the delegates decided to keep a Senator from each county but when the convention was done the Senators went to the districts and was confirmed by referendum. If we still had a Senator from each county, this state would be quite different. I would work toward what MSI and AGC and other state groups want to accomplish this year and bring as many as you can to February 4.

Excellent information. Would you be able to provide any extra information? News articles? What was the convention for, and what was the end result?

 

[dblas]

Signed up as a sustaining member this afternoon. I've yet to develop much opinion on how MSI works, as my only run-in with them was during the 281 hearings. Was fairly positive then, but I'll continue to develop my opinion as I get to know them better.

I read the 2A Tuesday thread in the MD 2A Issues forum, but it was mostly pertaining to event awareness and transportation. I'm sure there's lots of talk over at the water cooler, but until I gain access to that area... I'll have to do it here.

Back on topic though, what are your thoughts?



Not directly. Maybe we should have that ability. In the mean time, I can at least speak about it with the good folks in Annapolis and see what we can manage. Do you think it's worth a shot?

About MSI, well, I'm a little biased since I am the VP.

As to your poll, I voted yes to try it. Worst that can happen is that it gets desk drawered (not even brought up in committee).

 

[adit]

Don't think I could say it better myself...



but don't mess with the 2A. There is much power in it's vaguety.

 

[DanGuy48]

I would need to see the language.

....and who would actually draft the language of it?

 

[Ab_Normal]

No offense but why do people waste their time on tilting at windmills like this?

BGOS. Many people on this site are so afraid to do anything without the express written permission of their overlords. They don't understand the concept of liberty and that everything is legal until declared illegal - as long as making something illegal is done in pursuance of the Constitution.

 

[Tomcat]

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."

I did not know that lawyers took this oath. Might be some good information to use on the 4th. Do you have a list of who they are and how they voted on SB281?

 

[Clovis]

Excellent information. Would you be able to provide any extra information? News articles? What was the convention for, and what was the end result?

I was young at the time and don't think I even gave what was going on even one thought. I heard about it decades later and only did enough research to determine the results are about irreversible.

Try googling the constitutional convention in Maryland and you should have some more information than I can provide.

I do recall the results were challeged in court and may have made it to the supremes at the time and was a "one man, one vote" ruling to justify what was done. And no, it didn't make sense to me then either.

 

[fabsroman]

Should we really invest political capital in amending the Maryland Constitution to include an Amendment that is already provided to us via the Constitution of the United States of America?

If you really want to put an amendment in the Maryland Constitution that will help us, how about amending it so that each Maryland county gets 2 Senators in the General Assembly versus both the Senate and the House being decided by population count. IF an amendment like that gets passed, most of our worries go away because the majority of counties in Maryland are on board with the 2nd Amendment, and a lot of other things that would be good for Maryland. Right now, you have Montgomery, PG, and Baltimore City controlling the entire state.

So, after spending the political capital to get the Maryland Constitution amended to include an amendment on gun rights, what exactly will said amendment get us? I guess it will get us gun right protection should Maryland ever secede from the United States of America.

 

[Hopalong]

Sorry, but I oppose this. Our legislature is controlled by strongly anti-gun politicians, and the majority of our electorate aren't willing to take action to support gun rights. Not only would this be a waste of time, I think it would be an opportunity for our opposites on the other side of the issue to put up constitutional amendments of their own, ones that are far more likely to pass.

Can you imagine SB281 being part of the Maryland Constitution instead of just a piece of legislation?

I like the idea of amending the Maryland Constitution. But I don't feel that now is the time. We have limited resources and other, more pressing, battles to fight.

 

[danb]

My thought on this is that my support is conditional on getting a correctly worded question to the ballot.

It is likely to fail.. so why support it? Because it will motivate people to the polls. These types of ballot initiatives can be very useful at getting people to turn out during low-turnout mid term elections.

That said, it needs to get on the ballot in a favorable way.

 

[Ab_Normal]

Should we really invest political capital in amending the Maryland Constitution to include an Amendment that is already provided to us via the Constitution of the United States of America?

If you really want to put an amendment in the Maryland Constitution that will help us, how about amending it so that each Maryland county gets 2 Senators in the General Assembly versus both the Senate and the House being decided by population count. IF an amendment like that gets passed, most of our worries go away because the majority of counties in Maryland are on board with the 2nd Amendment, and a lot of other things that would be good for Maryland. Right now, you have Montgomery, PG, and Baltimore City controlling the entire state.

So, after spending the political capital to get the Maryland Constitution amended to include an amendment on gun rights, what exactly will said amendment get us? I guess it will get us gun right protection should Maryland ever secede from the United States of America.

 

[tkd4life]

A state amendment is about as useless as the asshats in Annapolis that would refuse to vote on it. Its been shown time and time again, that state law doesn't trump federal law when it comes to the constitution. We already have an amendment in the US constitution for gun rights; you know the one that has time and time again infringed upon. Putting an amendment in Maryland’s constitution would a. politically impossible, and b. not accomplish anything. In case you missed it, Maryland just passed one of the strictest gun laws in the country last session and are in no mood to talk about how they were retarded in doing so.

But guys don't worry, I think if we give the NRA another $100 million they will come out and fight our fight for us. Just hold on hope, Maryland is becoming less liberal every day. Ooohhh wait...

 

[2AHokie]

I'd support it, but the Constitution already protects our 2nd Amendment rights anywhere in the country.

It would be only a symbolic victory and there's probably more productive things to focus on at the moment.

 

[Brooklyn]

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.

key point.


To spend the time and money on this would not be wise, IMHO -- but I think trying to get a recall process or providing for a general petition process would be a better idea and would gather more support from the middle and left.

I would not oppose such a move, and would vote for it but I have no resources to spare for active support -- neither time nor money --I am tapped out on both.

I am voting to support, but only because I hope it will morph into the more realist goals I have suggested.