Oral Sex = Lose Your Firearms

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  • plinkerton

    Ultimate Member
    Dec 30, 2012
    1,441
    Abingdon
    From the "How Else Can I Accidentally Lose My Firearms?" department:

    2010 Maryland Code
    CRIMINAL LAW
    TITLE 3 - OTHER CRIMES AGAINST THE PERSON
    Subtitle 3 - Sexual Crimes




    Without taking a detour into beastiality-land, oral sex between consenting adults carries a maximum penalty that is comparable to Attempted Poisoning or 2nd Degree Assault. And since the penalty has the potential to exceed two years, you lose your firearms (per the BATF:)


    Rather puts a damper on Steak and BJ day (which, btw, was yesterday.)

    That sucks .... :blush:

    Is that IANAL..... Or I ANAL ? :innocent0

    Not like this I hope :kissass:
     

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,344
    Frederick County
    I agree that Lawrence v Texas would invalidate this state law. However, it's still on the books. Were you charged with a violation, you would need to fight the charges. Entering a no-contest plea would trigger the "guilty" process. You could make a compelling argument using Lawrence v Texas, but unless you get a dismissal with prejudice, the State could appeal a decision in your favor.

    As long as this legislation is on the books, the government can bleed you to death. I don't buy into the belief that "they would never do that ..."
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,770
    I agree that Lawrence v Texas would invalidate this state law. However, it's still on the books. Were you charged with a violation, you would need to fight the charges. Entering a no-contest plea would trigger the "guilty" process. You could make a compelling argument using Lawrence v Texas, but unless you get a dismissal with prejudice, the State could appeal a decision in your favor.

    As long as this legislation is on the books, the government can bleed you to death. I don't buy into the belief that "they would never do that ..."

    Laws invalidated by the Supreme Court are unenforceable, but that prob wouldn't stop to many.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    past convictions still disqualify

    I don't believe that the Supreme Court decision in Lawrence in any way nullified the firearms disqualifications of persons who were convicted under the Texas sodomy law or any other sodomy law prior to that date. If anybody thinks otherwise, I would love to hear the legal argument.
     

    mward

    Ultimate Member
    Dec 4, 2009
    1,198
    Annapolis
    This is one of those old religious laws that just hasn't been repealed. I'd be more amazed if you could find me someone actually charged with this.

    U must have a lot of time.

    There's actually a Maryland law against adultery. If you cheat on your married partner, it's like a $100 fine!
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,377
    Carroll County
    The Statute is still on the books in Md. A case has held it to not be enforcable for consenting adults in private. Periodically there is talk of repealing the Sodomy statute , but prosecutors will chime in that it is a valuable option to be able to charge for cases that are really rape , but are having difficulty proving all the elements of rape , or sexual assult. I suspect it is used thusly far more often as. Lever in plea negeotions than an actual conviction.


    So I will just go to WV to get my hummer!...


    They'll get you on the Mann Act, which outlaws "the interstate transport of females for 'immoral purposes'".
     

    Right2Carry

    Active Member
    Feb 27, 2009
    695
    District 32
    This is one of those old religious laws that just hasn't been repealed. I'd be more amazed if you could find me someone actually charged with this.

    I agree. Many old laws should be abolished. This particular law is definitely not applicable in today's society. I bet the new Pope would agree. :D
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    I agree. Many old laws should be abolished. This particular law is definitely not applicable in today's society. I bet the new Pope would agree. :D

    They need to be removed totally from state criminal code. Imagine if the state was trying to find something and goes to a law that is so old and obscure that no one even knew about it.
     

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