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

[Rab1515]

Fearmonger much???

Would bet on it? Extenuating circumstances yes, but already seeing unintended uses of from the other side.

 

[j_h_smith]

Fearmonger much???

You ever hear of over reach?

 

[daNattyFatty]

A cop can't do on without an investigation, I don't know one officer that will do one on your say so.



Again, friends and neighbors CANNOT do a 1302. Read the damn law, and stop reading into it.

I think you’re going to be shocked at what little investigation will take place, how readily it’ll be accepted and how quickly police departments will take a CYA position.

MSI might want to begin working on a legislative fund just for these cases......


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[Bob A]

Fear-mongering?

This is MARYLAND. two-thirds of the population and most of the legislators would like nothing better than to disarm the entire civilian population. (The legislators would make an exception for criminals if they needed to, but the courts effectively rule out serious action against the criminal classes by their failure to remove them from the street.)

I fully expect Mothers Against to foment false reporting; I suspect those of us who can easily be identified from HPRB meetings and other activities to be high on their list. I fully expect the Attorney General's office to prosecute these cases to the fullest.

Driving gun owners into concealment, making them out to be a special class of offender, and making penalties severe enough to effectively strip 2A rights from those they accuse, all this is planned and written out in that disgusting travesty of a bill.

Then the power of the State, with a never-ending supply of prosecutors on the public payroll, can be fully brought to bear on the hapless gun owner. After a few dozen of these are financially destroyed and/or stripped of their legitimate possessions, we'll see about fear-mongering.

I have a great deal of trust in The System. I trust it to squash anyone who can easily be identified, to further the agenda of the Curran dynasty.

Show me where this has been wrong in the past, and explain why extrapolating it into the future is less unrealistic than trusting that justice will prevail.

 

[rob b]

ANYONE who gets 1302'd and isn't prohibited needs to sue for damages theft and anything else that they can, and try to have this law removed
truly scary times here in MD

 

[Allen65]

I wonder if it would be possible to preemptively get declarative relief from a court that you are, in fact, not a threat?

 

[DaemonAssassin]

ANYONE who gets 1302'd and isn't prohibited needs to sue for damages theft and anything else that they can, and try to have this law removed
truly scary times here in MD

If the person the makes the complaint does so in "good faith", the complainant is immune from civil or criminal penalties, including perjury. It even states exactly that in the law.

 

[DaemonAssassin]

I wonder if it would be possible to preemptively get declarative relief from a court that you are, in fact, not a threat?

No. Because the courts will not take the risk that you "might" become a risk after that order is signed. This law is bad all the way around, due to the deprivation of due process and numerous other constitutional guarantees that the law is lacking in.

 

[GrimReaper]

Has anyone else hid some of their guns in case they get red flagged lol?

I dont expect anyone to answer this for obvious reasons

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[zoostation]

And the other question that still seems unanswered is if a victim of this "law" will get their now-banned but grandfathered guns back after some local crazy's accusations are found to be bogus. I have heard some interpretations that they will not as the state will consider that a prohibited "transfer." So yes, you might do absolutely nothing wrong and lose $10K in guns, just because.

 

[ironpony]

Why is this being talked of in schools ?

 

[Invicta]

Remember that public school counselors will press students about guns in the home.

I experienced this personally. If they do press the issue, and your kid cracks and says something they dont like, expect a 1302.

Talk to your kids.

I have no kids, and likely won't anytime soon. If I do while living in this state, things like this would probably drive me to home school them. Private school at a minimum.

 

[Hawkeye]

A cop can't do on without an investigation,

There is absolutely nothing in HB1302 that requires an investigation of any kind before the filing of the petition for the initial Interim Extreme Risk Protective Order, nor before granting the order. All it says is that the Commissioner (not even a Judge, but an employee of the court) may enter the order if they find that there is reasonable grounds to believe that the respondent poses an immediate danger.

Now, would it be prudent of a cop to do at least a quick investigation before entering a petition? Yeah, definitely. But there's nothing in the law that requires it, and the cop is specifically protected from any criminal or civil liability if they don't.

I don't know one officer that will do one on your say so.

You've gone around and asked?

Again, friends and neighbors CANNOT do a 1302. Read the damn law, and stop reading into it.

No, they can't. But like I said, all that they have to do is go tell Officer Friendly that you've been acting erratically, and that they see you taking guns in and out of your house all the time, and one time they overheard you talking to your buddy about how fun it is to shoot stuff...

Is this a little bit of hyperbole? Perhaps. But the fact is that it's there in the law, and this kind of thing ought to scare the shit out of all of us.

 

[Allen65]

If the person the makes the complaint does so in "good faith", the complainant is immune from civil or criminal penalties, including perjury. It even states exactly that in the law.

True under state law. But a Federal lawsuit for deprivation of civil rights is still available as a remedy, and there's nothing MGA can do about that, which brings at least a little solice given what control freaks the sponsors of the bill are. That MD state court seal of the complaint isn't going to withstand a federal court subpoena.

 

[clandestine]

Why is this being talked of in schools ?

Because of "School Shooters".

 

[ironpony]

I just posted this question in another thread but also appropriate here -
Can an ERPO be filed against kids?

 

[Jim12]

Why is this being talked of in schools ?

"Give me your children, and I will own the future."

It's time for America, or what's left, to reclaim its children and the future.

 

[fabsroman]

If the person the makes the complaint does so in "good faith", the complainant is immune from civil or criminal penalties, including perjury. It even states exactly that in the law.

The very first part of the bill states that the petition must be signed under the penalty of perjury. So, if the petitioner perjures themselves while filing the petition or while testifying in court, how can the petition have been brought in "good faith" when the definition of perjury is that they are lying under oath? I seriously doubt that the bill insulates them from perjury charges because they have brought the petition in "good faith".

 

[swinokur]

A good faith lie?

Ha ha!

 

[swinokur]

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