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

[1ceman]

What was the final language on the bill? Even though it's unconstitutional, does this still stay within a household, or can anybody file the form? Every single elected official that voted for this, is a threat 2 our Society. I want to know if we can make sure we remove their firearms and make it safe.

 

[dreadpirate]

stay positive

Yes stay positive.

 

[dreadpirate]

What was the final language on the bill? Even though it's unconstitutional, does this still stay within a household, or can anybody file the form? Every single elected official that voted for this, is a threat 2 our Society. I want to know if we can make sure we remove their firearms and make it safe.

I thought they adopted the Senate version.

 

[Boondock Saint]

Bromwell changed his mind between 9:52 and 9:54. Initially a "yea" before embracing logic, or more likely realizing it would pass without him and he could afford to switch and look good to constituents.

Nuh-uh. He's been solid for us in the past but him and every incumbent in my district can suck it after their shenanigans this session. GTFO.

 

[dreadpirate]

I wrote Hogan this weekend and told him if he vetoed this bill, assuming it made it to him, he would be a hero among his supporters.

 

[Boondock Saint]

Bromwell changed his mind between 9:52 and 9:54. Initially a "yea" before embracing logic, or more likely realizing it would pass without him and he could afford to switch and look good to constituents in conservative-ish district.

Nuh-uh. He's been solid for us in the past but him and every incumbent in my district can suck it after their shenanigans this session. GTFO.

 

[welder516]

I have emailed and called several , but to be honest we all knew this piece of crap thrown around would stink us all up . I pray i am not the crash test dummy for a legal fight against this over-reach and total screwing we got by the liberals .

We end up losing more rights and due process while our illegal aliens get more rights and free sanctuary in our state and around our country . This is a slap in the face from Trump haters you can believe that . One last thing Hogan is no friend of the 2A community and will never veto this . He is a political realist playing both sides , he has the votes and support to walk in with the next election and will do so as long as he has no pictures showing up of him in compromising positions .

I am really disappointed in this .

 

[welder516]

Dupe

 

[cyclops]

Just finished emailing the Gov. hope I am not too late.

 

[Schipperke]

What was the final language on the bill? Even though it's unconstitutional, does this still stay within a household, or can anybody file the form? Every single elected official that voted for this, is a threat 2 our Society. I want to know if we can make sure we remove their firearms and make it safe.

Each state has variations in their language of the law. CT has had a red flag scheme since 1999, and upheld in a court challenge there. Indiana's was challenged as well. Maryland's version tbd perhaps if a gun rights organization that concentrates on gun issues it to be found.

The constitutionality of I.C. 35-47-14-6(b) was upheld by a divided Indiana Court of Appeals panel in a 2013 case, Robert E. Redington v. State of Indiana

 

[Abacab]

Bromwell changed his mind between 9:52 and 9:54. Initially a "yea" before embracing logic, or more likely realizing it would pass without him and he could afford to switch and look good to constituents in conservative-ish district.

Nuh-uh. He's been solid for us in the past but him and every incumbent in my district can suck it after their shenanigans this session. GTFO.

I love nothing more than the kabuki theater of these people voting the "right way" when they get permission from their leaders.

My two favorites that bamboozle their constituents every four years are Matthias and Middleton. I'll give Astle the consolation prize.

 

[Hawkeye]

It's after midnite Sine Die . No point to tell them anything now . Shift gears to acting about it now .

There's a huge point to telling them something about it now. Let them know that their "yes" vote on this is costing them votes in the fall. Elections have consequences, but the actions of the elected have to have consequences too, and this is how we show them.

What was the final language on the bill? Even though it's unconstitutional, does this still stay within a household, or can anybody file the form? Every single elected official that voted for this, is a threat 2 our Society. I want to know if we can make sure we remove their firearms and make it safe.

The Senate version was adopted by the house. The "any interested person" bit is gone, but any law enforcement officer can file one of these. If your neighbor goes to the cops and said "Joe threatened me and he has guns and I'm scared," then a cop can write out a petition and file it with a court commissioner (basically a clerk) without even going to a judge and get the initial emergency order written and signed. It's outrageous.

 

[Schipperke]

I love nothing more than the kabuki theater of these people voting the "right way" when they get permission from their leaders.

My two favorites that bamboozle their constituents every four years are Matthias and Middleton. I'll give Astle the consolation prize.

Look at the US senate and one vote wins. It is amazing listening to the delegates change their votes on bills after their initial vote knowing their switch won't change the outcome. No way I'm believing that number of "mistaken button pushes" is taking place. The famous John Kerry quote, "I actually did vote for the $87 billion, before I voted against it" pops in ones head listening to these proceedings. From my nook, I've found many press articles quoting Hogan as in favor of this type of law. So now will he walk that back? His decision will be purely calculated by votes. Hogan doesn't have the luxury of counting votes from confined sectors of the state, as the delegates do.

 

[pcfixer]

There's a huge point to telling them something about it now. Let them know that their "yes" vote on this is costing them votes in the fall. Elections have consequences, but the actions of the elected have to have consequences too, and this is how we show them.



The Senate version was adopted by the house. The "any interested person" bit is gone, but any law enforcement officer can file one of these. If your neighbor goes to the cops and said "Joe threatened me and he has guns and I'm scared," then a cop can write out a petition and file it with a court commissioner (basically a clerk) without even going to a judge and get the initial emergency order written and signed. It's outrageous.

Wow.. Just looked that person up in Frederick county. Place of business is Detention center, Frederick.

Administrative Commissioner
Rachel Bowen

 

[1ceman]

Each state has variations in their language of the law. CT has had a red flag scheme since 1999, and upheld in a court challenge there. Indiana's was challenged as well. Maryland's version tbd perhaps if a gun rights organization that concentrates on gun issues it to be found.

I have a hard time understanding how they can uphold the lack of due process. I am so tired all the court systems not protecting the Constitution.

 

[lazarus]

(D) (1) BEFORE GRANTING, DENYING, OR MODIFYING A FINAL EXTREME 12 RISK PREVENTION ORDER UNDER THIS SECTION, THE COURT SHALL REVIEW ALL 13 OPEN AND SHIELDED COURT RECORDS INVOLVING THE PETITIONER AND THE 14 RESPONDENT, INCLUDING RECORDS OF PROCEEDINGS UNDER: 15
(I) THE CRIMINAL LAW ARTICLE; 16
(II) TITLE 3, SUBTITLE 15 OF THE COURTS ARTICLE; 17
(III) TITLE 4, SUBTITLE 5 OF THE FAMILY LAW ARTICLE; 18
(IV) TITLE 10, SUBTITLE 6 OF THE HEALTH – GENERAL 19 ARTICLE; AND 20
(V) THIS ARTICLE. 21
(2) THE COURT’S FAILURE TO REVIEW RECORDS UNDER THIS 22 SUBSECTION DOES NOT AFFECT THE VALIDITY OF AN ORDER ISSUED UNDER THIS 23 SECTION. 24
(E) (1)

The highlighted part concerns me -- the court is required to review the bckgroound of the relationship of petitioner and respondent -- that's good -- but if it doesn't, the order's still good.

Fairly standard. More of a “if we miss something, the order isn’t invalid”. Of course if they DO miss something you have extremely solid grounds to appeal the order.

That’s pretty much the case with all laws. The order/judgement isn’t instantly invalidated, but it does mean there are grounds for appeal and/or having the case re-opened.

 

[Soda]

https://wtop.com/maryland/2018/04/governor-hogan-comments-on-md-general-assembly/slide/1/

Gov. Larry Hogan said his administration carved out an “aggressive agenda” on Monday, adding the 90-day session was among the most successful of his four years in office.

Hogan told reporters, “We’re really happy with the work so far.” He also said lawmakers worked with his administration “in a really bipartisan way.”

While Hogan praised lawmakers for working with him in a bipartisan fashion, he did express frustration with the override of his veto of a bill that strips oversight authority on school construction spending from the Board of Public Works. Hogan sits on that board along with the Comptroller, Peter Franchot, and the state Treasurer, Nancy Kopp.

Referring to the bill that creates a new commission of appointees to oversee school construction spending, he said, “You can’t take away authority and accountability. It was a stupid thing to do, and it was the biggest disappointment of the session.”

Nothing about this bill being a problem for him. Enough Republican votes were cast in favor of this trash that Hogan can comfortably hide behind "bipartisanship" and sign it.

 

[Derek]

We stayed until after 21:30, and we listened to the vote in the car on the way home (... if we had stuck it out for 15 more minutes!!!) I can't say I was surprised at the outcome, but I can say that I was disgusted with the attitude of the house members throught the evening.
It reminded me of homeroom back in high school. The members needed to be called to order several times because you couldn't even hear the delegates speaking into microphones about bills everyone was voting on! Just disgusting. I doubt the folks there had a clue about what they were voting on nor did they care.

Disgusting.

 

[Schipperke]

https://wtop.com/maryland/2018/04/governor-hogan-comments-on-md-general-assembly/slide/1/







Nothing about this bill being a problem for him. Enough Republican votes were cast in favor of this trash that Hogan can comfortably hide behind "bipartisanship" and sign it.

Wouldn't it be something if Hogan used the line, "They voted for it, before they voted against it".

 

[Biggfoot44]

By law, every county has a minimum of one District Court Commissioner available 24/7/365 , and usually several, and usually multiple locations. Typical locations include courthouses, police stations, and public areas of detention centers aka jail .

The latter two make sense , since Commissioners do release hearings for every person arrested ( unless they get processed the exact time a District Court Judge is doing bail reviews ) , and probable cause hearing for every warrantless arrest .