Possession of a handgun in Baltimore could soon come with one year mandatory prison

kenpo333 · Jul 15, 2017

Did this law really say within a 100 yards of a school,etc. Wouldn't some houses be banned from friearms then.

Blacksmith101 · Jul 16, 2017

It is all about getting headlines to prove the politicians are "Doing Something" about the "gun violence" in Baltimore.

Get the headlines, get reelected (to the gravy train), then business as usual.

lazarus · Jul 16, 2017

kenpo333 said:
Did this law really say within a 100 yards of a school,etc. Wouldn't some houses be banned from friearms then.

Existing Maryland transport and storage law still applies. This just means if you break that existing transport law, you face a 1 year minimum sentence.

K31 · Jul 16, 2017

Why don't they just apply to become part of New Jersey and be done with it.

swinokur · Jul 16, 2017

It's the possible sentence for the violation, not what you actually receive. Federal law says if you COULD be sentenced to more than a year, you become a prohibited person.

ShafTed · Jul 16, 2017

I thought Fed law for a misdmeanor prohibition was 2 or more years. I'm pretty sure that's why the General Asylum is so fond of their 3, 5, and on up to 10 year misdemeanors.

swinokur · Jul 16, 2017

True except if it's a misdemeanor. with up to 3 years. IIRC some parts of 4-203 go up to 3 years.

Jaybeez · Jul 16, 2017

Public safety 5-133 already has a 5 year mandatory minimum felony charge for prohibited persons in possession of a handgun. The mandatory minimum is discretionary if 5 years have elapsed since the last conviction and all parole and probation. That rarely happens with baltimore's revolving door.

So the tool already exists. This is just another nail in the coffin of legal transport and permitted wea and carry.

It also contains a second state premeption clause

http://mgaleg.maryland.gov/webmga/f...on=5-133&ext=html&session=2015RS&tab=subject5

Dsnyder · Jul 17, 2017

No doubt this will be as effective as the "drug free school zone" policy.

WeaponsCollector · Jul 17, 2017

Somebody please tell these gun control freaks what "keep and bear" means.

N3YMY · Jul 17, 2017

smokey0118 said:
Soooo.... they're wasting taxpayer time on a bill that doesn't mean anything because of preemption? I remember an amendment to eliminate diminutive credits for violent criminals using guns, proposed by a pro-gun conservative, went absolutely nowhere in committee. Yet they'll try to pass laws like this?

You are not alone in remembering that.

Of course they will try; it may actually pass :sad20:

press1280 · Jul 17, 2017

I thought there's a legal issue with passing laws like this where a normal person could have no idea they were passing within an "enhanced penalty" zone? 100 yards from all these locations cuts off a lot of the city, granted the persons are carrying illegal to begin with.

danb · Jul 18, 2017

Update:
Not clear this is going anywhere.

http://www.baltimoresun.com/news/ma...s-md-ci-gun-bill-division-20170717-story.html

7 for
4 against
4 undecided.

esqappellate · Jul 18, 2017

press1280 said:
I thought there's a legal issue with passing laws like this where a normal person could have no idea they were passing within an "enhanced penalty" zone? 100 yards from all these locations cuts off a lot of the city, granted the persons are carrying illegal to begin with.

Yes, there is a legal issue. The proposed ordinance would illegalize "knowingly" carrying within the prohibited zones and then creates a rebuttable presumption that any carry was knowingly. That presumption is a big due process problem as under the Due Process Clause, it is the State's burden (or the City) to prove each element of the crime beyond a reasonable doubt. Shifting that burden to the defendant to disprove an element is unconstitutional.

ras_oscar · Jul 18, 2017

Is someone going to run through the city with a map and draw a 100 yard circle around every building that claims religious or educational operations?

What if my neighbor opens a church in his basement and the circle overlaps the room where I keep my weapons? Sounds silly, but there are religions (Amish comes to mind) that don't maintain formal houses of worship. Services are held at member residences on a rotating basis. Are those houses now all religious structures? Continuously? Only when services are in session? Do I need to go door to door to my neighbors to determine their religious affiliation?

What if the circle from a block over goes to the center of the road? Does that mean I can travel south over that road but not north?

What if my neighbor starts an internet training academy to teach astrology online? Is his house now an educational facility?

I wonder if the people that write these laws even bother to talk to judges, who have to sort these questions out and interpret them in the real world?

kalister1 · Jul 18, 2017

ras_oscar said:
I wonder if the people that write these laws even bother to talk to judges, who have to sort these questions out and interpret them in the real world?

The real question is do they even care?
This is feel good legislation designed to get more votes. It has nothing to do with Public Safety.

Racer Doug14 · Jul 18, 2017

I.love how they add churches in there. Those are private property. What give them footing to encompass a private entities? There are more of those than the other combined!

lazarus · Jul 18, 2017

Racer Doug14 said:
I.love how they add churches in there. Those are private property. What give them footing to encompass a private entities? There are more of those than the other combined!

?

I am curious as to how you think that has stopped other states from baring carry in bars, establishments that serve alcohol, etc.

Rob1035 · Jul 19, 2017

kenpo333 said:
Did this law really say within a 100 yards of a school,etc. Wouldn't some houses be banned from friearms then.

That was my initial thought as well...

Racer Doug14 · Jul 19, 2017

lazarus said:
?

I am curious as to how you think that has stopped other states from baring carry in bars, establishments that serve alcohol, etc.

Bars I can understand, liquid courage starts alot of stuff. Ticky tac B.S. that makes the city council look good to the only people vote, church goers. When dealing with illegal guns on prohibited persons the laws are there already.

Possession of a handgun in Baltimore could soon come with one year mandatory prison

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