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Old January 12th, 2018, 09:38 PM #71
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Originally Posted by eruby View Post
I will annoy you.

If that does not work, I will seriously annoy you. Seriously!!

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Old January 12th, 2018, 10:14 PM #72
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Originally Posted by lazarus View Post
Yes. It has happened before.

Like, as in it the most commonly litigated section of the MD constitution before MD courts.
https://scholarworks.law.ubalt.edu/c...7&context=ublr

I’d assume since it is the most common, that people are successful in their suits from time to time.

Many states have similar language (federal does not). Same deal.

Also see the section on mandatory 3 readings. That said, on the later requirement, they absolutely DO cram in the required readings at the 11th hour sometimes. Which is also sometimes why a law fails to pass because they don’t get the readings done in time before Sine Die.
Very interesting read, thanks for the link. The paper does emphasize that:

"Accordingly, Maryland courts liberally construe
statutes and their titles when faced with a litigant challenging
the applicable statute under the one-subject rule. This method of
construing legislation challenged under the one-subject rule caused scholars to observe that "only a very small proportion of the laws so attacked have been held invalid."
Deference to legislative will, despite
mandatory constitutional provisions, has received bitter dissenting
rebukeY This deference to the legislature might even explain
the dearth of recent precedent supporting challenges asserted
under the descriptive-title prong of the one-subject rule.


and

The one-subject rule forbids an illicit amalgamation of disparate items. However, it does not forbid joinder that can be justified under a convenient umbrella of items which do not cause one to choke when the claim of incongruity is made.

Of the three cases cited, one found against the law, the second found against another substantially similar law, and in the third case, the statue was upheld. Those two all-encompassing words "public safety" are applied to many bills, and could easily justify rolling firearms legislation into pretty much any public safety bill as a matter of "public safety".
M&M have been doing their thing for a very long time, and know how to get just to the edge of what's sustainable against a court challenge.
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Old January 12th, 2018, 11:57 PM #73
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Originally Posted by Abacab View Post
They cancelled the hearing for the bump stock bill. Hm.
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Probably couldn't get enough TV coverage lined up on that short notice.
They see how fiercely we fight amongst ourselves and are scared we'll finally figure out how to direct a concerted effort towards them.
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Old January 13th, 2018, 06:53 AM #74
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Originally Posted by Allen65 View Post
Very interesting read, thanks for the link. The paper does emphasize that:

"Accordingly, Maryland courts liberally construe
statutes and their titles when faced with a litigant challenging
the applicable statute under the one-subject rule. This method of
construing legislation challenged under the one-subject rule caused scholars to observe that "only a very small proportion of the laws so attacked have been held invalid."
Deference to legislative will, despite
mandatory constitutional provisions, has received bitter dissenting
rebukeY This deference to the legislature might even explain
the dearth of recent precedent supporting challenges asserted
under the descriptive-title prong of the one-subject rule.


and

The one-subject rule forbids an illicit amalgamation of disparate items. However, it does not forbid joinder that can be justified under a convenient umbrella of items which do not cause one to choke when the claim of incongruity is made.

Of the three cases cited, one found against the law, the second found against another substantially similar law, and in the third case, the statue was upheld. Those two all-encompassing words "public safety" are applied to many bills, and could easily justify rolling firearms legislation into pretty much any public safety bill as a matter of "public safety".
M&M have been doing their thing for a very long time, and know how to get just to the edge of what's sustainable against a court challenge.
Absolutely. However trying to put it in the budget, or wrapping it in to a transportation bill would almost certainly fail before the courts.

And they’d still need to hold the three hearings on it. I am not sure what the hearing requirement is if a bill is changed in regards to amendments. I think amendments also need to have a public hearing (but the requirement may only be one hearing or something).

So it isn’t impossible to slip something in, but it takes a bit of doing and a lot of members have to be on board to get it done.
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Old January 13th, 2018, 10:32 PM #75
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Originally Posted by lazarus View Post
Absolutely. However trying to put it in the budget, or wrapping it in to a transportation bill would almost certainly fail before the courts.

And they’d still need to hold the three hearings on it. I am not sure what the hearing requirement is if a bill is changed in regards to amendments. I think amendments also need to have a public hearing (but the requirement may only be one hearing or something).

So it isn’t impossible to slip something in, but it takes a bit of doing and a lot of members have to be on board to get it done.
If a bill is added to another bill as an amendment, there is no requirement for further public hearings. This applies to both committee amendments and floor amendments in both chambers. As such, the amended bill does not need to start over again and have a 1st, and subsiquent reading in either chamber.

As we saw last year, with the delayed CCW training bill that was well on it's way to passing (It passed the House, and made it out of Judicial Proceedings in the Senate), Senator Madaleno added his HPRB removal bill to this one as a floor amendment, that was approved. The bill then had to go back to the House for their consent, which they did not give, and it went to conference committee, only to die entirely. No new readings, no new public hearings or comments.
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Old January 14th, 2018, 01:08 PM #76
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And to believe it or not I have Jury duty that day in Monkey County in RockingRockville... I would really be shockedif it involved a firearm in anyway
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Old January 16th, 2018, 09:16 AM #77
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Has anyone laid eyes on the "Definition of Transfer" Bill yet? Rumor Dumais is dropping one, which could make a loan a transfer. Luckily NRA range is in Virginia.
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Old January 16th, 2018, 04:58 PM #78
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Has anyone laid eyes on the "Definition of Transfer" Bill yet? Rumor Dumais is dropping one, which could make a loan a transfer. Luckily NRA range is in Virginia.
ive been waiting for something like this to come along
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Old January 16th, 2018, 05:19 PM #79
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Zirkin has filed 4 or 5 gun bills that I saw. Expanding penalties, right of the state to appeal a dismissal, electronic surveillance for gun crimes owners....


Seemed like a lot of legislative masturbation - feels good to him, does not produce anything - since as far as I could tell, the state can already do most of the things proposed.
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Old January 16th, 2018, 05:40 PM #80
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Originally Posted by rwbow1969 View Post
Makes me wonder what the hell they're up to.


I suspect it’s because the mothers demanding actions crowd couldn’t schedule their facials on a different day, so they moved the bill to a day they could be there.

Expect a surprise announcement of a new date.....a date they picked a while ago and kept to themselves.


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