HB1302-"The Neighborhood Bag Lady Can Take Your Guns" bill

[Jim12]

(V) Blood relatives?

Bad idea.

The Left has spent the last 50 years destroying families, alienating them from one another, stepping into the void and taking family's place, and now they empower the alienated, hateful blood relatives to pursue vengeance under color of state law?

This is probably the most offensive of what is overall an offensive, poorly thought out invasion into people's lives.

Can gun owners reciprocate by having their irresponsible blood relatives' children and pets taken away based on a simple ex parte complaint?

I bet everybody, including members of the General Assembly, knows somebody who is fully capable of abusing this statute. And it won't be long before somebody gets pissed off enough to kill somebody in retaliation for a complaint. Cain and Abel were brothers, weren't they?

The road to Hell is paved with good intentions.

 

[Allen65]

The road to Hell is paved with good intentions.

The version of HB1302 that escaped the House committee wasn't built on good intentions, it was built on pure malice.

I still haven't been able to find anyone who can explain what exactly Miller's play is in this. Why is he so adamant about it?

 

[j_h_smith]

By what standard do you have to be cleared to be released from the order? Does believing in the 2nd Amendment as a civil right preclude you from release? What exactly does one have to prove to get your firearms back? If the state determines your eligibility, then you can probably kiss firearm ownership goodbye.

 

[ddeanjohnson]

law enforcement transmission of "interested person" petitions

No, they narrowed it. Here is the list: “PETITIONER” INCLUDES . . . (II)A LAW ENFORCEMENT OFFICER;

I am glad that "any other interested person" was stricken, but I wonder if the law enforcement agencies, particularly in some of the urban jurisdictions like Montgomery and Prince George's counties, over time will come to serve as little more than delivery persons for would-be petitioners who don't fit into the list of directly empowered petitioners. I mean, if anybody who is not a notorious gangster complains to the city/county police about a gun owner supposedly saying or doing something that the complainant considers ominous or bothersome, is it not likely that the police response will be to shrug and pass the buck -- to fill out an "Extreme Risk Protection Order" (ERPO) form and transmit it to the nearest district court commissioner, or judge, without any attempt at independent investigation?

The commissioner or judge most likely will be neither inclined or equipped to apply any critical scrutiny, and will routinely issue a short-term ERPO (confiscation order). Even if the petition is placed before a real judge (which the bill no longer requires), the judge will have absolutely no information other than the allegations in the petition, which in some cases may be riddled with error or subjectivity, or be based on hearsay which the police are merely transmitting. The true originator of the complaint may have motivations that neither the police nor the judge will have any way of discerning.

 

[esqappellate]

I am glad that "any other interested person" was stricken, but I wonder if the law enforcement agencies, particularly in some of the urban jurisdictions like Montgomery and Prince George's counties, over time will come to serve as little more than delivery persons for would-be petitioners who don't fit into the list of directly empowered petitioners. I mean, if anybody who is not a notorious gangster complains to the city/county police about a gun owner supposedly saying or doing something that the complainant considers ominous or bothersome, is it not likely that the police response will be to shrug and pass the buck -- to fill out an "Extreme Risk Protection Order" (ERPO) form and transmit it to the nearest district court commissioner, or judge, without any attempt at independent investigation?

The commissioner or judge most likely will be neither inclined or equipped to apply any critical scrutiny, and will routinely issue a short-term ERPO (confiscation order). Even if the petition is placed before a real judge (which the bill no longer requires), the judge will have absolutely no information other than the allegations in the petition, which in some cases may be riddled with error or subjectivity, or be based on hearsay which the police are merely transmitting. The true originator of the complaint may have motivations that neither the police nor the judge will have any way of discerning.

All of that is absolutely correct. You can be sure that an interim order will *always* issue because the judge (or commissioner) will only have the petitioner's side. Even a temporary order can be entered ex parte (although a respondent will have been at least served with the interim order by then).

 

[esqappellate]

The version of HB1302 that escaped the House committee wasn't built on good intentions, it was built on pure malice.

I still haven't been able to find anyone who can explain what exactly Miller's play is in this. Why is he so adamant about it?

Politics. As always.

 

[iH8DemLibz]

By what standard do you have to be cleared to be released from the order? Does believing in the 2nd Amendment as a civil right preclude you from release? What exactly does one have to prove to get your firearms back? If the state determines your eligibility, then you can probably kiss firearm ownership goodbye.

Showing any natural human emotion or justifiable anger after being swept up in this overly broad bull patty will result in people never getting their guns back.

This POS law will be hanging over the head of every gun owner in this state.

Again, straight out of 1984. The authoritah will see you now. Please report to room 101.

 

[Squaregrouper]

I think now is a good time for us to reflect on the "What Is Your Breaking Point..." thread.

 

[Not_an_outlaw]

By what standard do you have to be cleared to be released from the order? Does believing in the 2nd Amendment as a civil right preclude you from release? What exactly does one have to prove to get your firearms back? If the state determines your eligibility, then you can probably kiss firearm ownership goodbye.

My question as well. A democratic appointment for a judge in Montgomery County by a democratic governor? What will be the standard? Is it referenced anywhere?

 

[welder516]

I think now is a good time for us to reflect on the "What Is Your Breaking Point..." thread.

I have been working on seeing if I can ever get out of this hell-hole called Maryland .Wherever the liberals go and run a community , state , suburb we end up with all types of issues .

I was born in the wrong place at the wrong era , These political folks we called friends sold us out either on purpose or by being dumb . Take your pick on what way it happened .

Maybe the third thing is they played us and shook our hands and smiled , and told us they had our backs , well my back has a knife in it . And very few stood up for the 2A community .

 

[Engine4]

I still haven't been able to find anyone who can explain what exactly Miller's play is in this. Why is he so adamant about it?

I'd wager there'll be some bloomturd money in his coffers soon.

 

[buellsfurn]

Thanks for the link. The Senate JPR Committee makes it less onerous, but it still makes gun owners a unique class in the law, e.g., a person who can be proceeded against and whose property can be seized simply because of his status as a gun owner.

5–602.
(A) (1) A PETITION FOR AN EXTREME RISK PROTECTIVE ORDER SHALL:
(* * *
(II) INCLUDE ANY INFORMATION KNOWN TO THE PETITIONER THAT THE RESPONDENT POSES AN IMMEDIATE AND PRESENT DANGER OF CAUSING PERSONAL INJURY TO THE RESPONDENT, THE PETITIONER, OR ANOTHER BY POSSESSING A FIREARM;

A person who is dangerous or who "POSES AN IMMEDIATE AND PRESENT DANGER" but who does NOT possess guns is NOT covered by this bill. So gun owners are the new "suspect class" in the law, except that they are a targeted class rather than a class protected under the 14th Amendment. I know of no other circumstance in which the exercise of a constitutional right serves a basis for singling out that class of persons for special, discriminatory treatment under the law. What's next, legislation that provides that a "Scarlet G" shall be branded on the forehead of every gun owner? Let the harassment and debasement begin. Gun owners will now go underground and be silent about possessing firearms for fear of being subjected to this harassment. And I can't blame them. It is just one more step in de-legitimatizing gun ownership. I can't believe that the NRA is OK (neutral) with this concept. I am totally disgusted. And yes, the odds are good that Gov. Hogan will sign this abomination, if it passes the House and the Senate.

what is up with the NRA are they waiting til the end to pounce ? Or are they just fine with everything that's going on ? I don't get it but every week i get an email wanting more money .

 

[Not_an_outlaw]

Go here:
https://www.hogan4maryland.com/approval-poll/

 

[esqappellate]

what is up with the NRA are they waiting til the end to pounce ? Or are they just fine with everything that's going on ? I don't get it but every week i get an email wanting more money .

I can't speak for the NRA on this.

 

[iH8DemLibz]

What level of natural human emotion can we exhibit before they come to take us away away come to take us away?

 

[44man]

what is up with the NRA are they waiting til the end to pounce ? Or are they just fine with everything that's going on ? I don't get it but every week i get an email wanting more money .

The nra came and testified against this bill and the republicans who should have supported them and us and the 2a and the constitution shat on them as they did us

Why should they spend more money fighting this when the reps they graded with a’s did what they did?

 

[welder516]

The nra came and testified against this bill and the republicans who should have supported them and us and the 2a and the constitution shat on them as they did us

Why should they spend more money fighting this when the reps they graded with a’s did what they did?

^
This

 

[frogman68]

The nra came and testified against this bill and the republicans who should have supported them and us and the 2a and the constitution shat on them as they did us

Why should they spend more money fighting this when the reps they graded with a’s did what they did?

in Alaska their red flag billed died now the NRA is working with the gun grabbing commies to come up with a "common sense red flag bill" . Seems it isn't just our "friends" in our state who is stabbing us in the back

 

[zoostation]

"Current dating partner" is not defined and is ripe for abuse by those willing to lie. It can mean just about anything. Be careful giving the office nutcase a ride home when her Prius breaks down.

 

[welder516]

"Current dating partner" is not defined and is ripe for abuse by those willing to lie. It can mean just about anything. Be careful giving the office nutcase a ride home when her Prius breaks down.

Yeah , you are right some gal you turned down for a night-cap gets evil when you don't give in .
I can picture threads in our near future .