House Gun Bill Day Prep thread 3/10/15

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  • Mr H

    Banana'd
    This thread will house details regarding bills to be testified both for and against, as they are proposed, and details regarding participation in Annapolis.

    I'll try to updates in as close to real time as I can, but all constructive input is welcomed. If I've missed something, let me know.

    But, in reality, this is your thread to share ideas, pick apart the bills, and offer assistance for testimony.

    As we get closer, we can also coordinate for the days leading up to the hearings.

    Link for all "Gun" bills
    http://mgaleg.maryland.gov/webmga/f...=01&pid=narrowsubjpage&tab=subject3&ys=2015RS

    Committee Guidelines:
    http://mgaleg.maryland.gov/pubs-current/current-jud-faqs.pdf
     
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    Mr H

    Banana'd
    HB0013 -- WITHDRAWN, Unfavorable
    "Authorizing a specified licensed firearms dealer or secondary seller to conditionally sell, rent, or transfer a firearm to a firearm applicant under specified circumstances; prohibiting a licensee or secondary seller from selling, renting, or transferring a firearm under specified circumstances; requiring a licensee or secondary seller to notify a firearms applicant that an application has been approved or disapproved; requiring the firearms applicant to return a firearm within 10 days of notice of disapproval; etc."
    Codifies "8th day release"; Disallows immediate release on "delay" or "denied" from NICS; default final approval after 90 days if no answer from MSP; "disapproved" transfers after release are the responsibility of MSP


    HB0021 -- PRO
    "Establishing that specified provisions relating to a handgun qualification license do not apply to a qualified handgun instructor; establishing that a person may purchase, rent, or receive a handgun without a handgun qualification license if the person is a qualified handgun instructor and is not otherwise prohibited under State or federal law; and requiring the Secretary of State Police to issue a handgun qualification license to a specified person who meets the requirements for a permit to carry, wear, or transport a handgun."
    Self-explanatory


    HB0025 -- PRO
    "Authorizing a person to replace a lost or broken assault weapon that was lawfully possessed in accordance with specified provisions of law if the replacement is registered with the Secretary of State Police."
    Allows for direct replacement of a prior lawfully owned lost or broken 'assault' weapon, provided it becomes registered.


    HB0038 -- PRO
    "Prohibiting the earning of diminution credits to reduce the term of confinement of an inmate committed to the custody of the Commissioner of Correction or sentenced to a term of imprisonment in a local correctional facility who is serving a sentence for the use of specified firearms in the commission of specified crimes; prohibiting a court from suspending any part of a specified mandatory minimum sentence; and applying the Act prospectively."
    Removes 'good time' credit for sentences resulting from acts committed with illegally possessed firearms. Not a formal crossfile, but similar to SB0136


    HB0039 -- PRO
    "Repealing a provision of law requiring specified firearms manufacturers and dealers and the Department of State Police to take specified actions relating to identification of handguns."
    Repeal of the shell casing requirement.


    HB0101 -- BETTER (x-filed as SB0017)
    "Authorizing a Baltimore City school police officer to carry a firearm on the premises of a Baltimore City public school and any other property used for an educational purpose owned, leased, or operated by, or under the control of the Baltimore City Board of School Commissioners; etc."
    Broadens the conditions under which a city officer may carry a firearm on school -[related] property.


    HB0160 -- PRO
    "Authorizing the sale, offer for sale, rental, or transfer in the State of a handgun that is sold, offered for sale, rented, or transferred with an external safety lock as an alternative to an integrated mechanical safety device."
    Allowing the use of external locks for sale rather than only internal/integral.


    HB0188 -- PRO
    "Establishing that a handgun permit issued to a retired law enforcement officer of the State or a county or municipal corporation of the State expires on the last day of the holder's birth month following 5 years after the date the permit is issued and may be renewed for successive periods of 5 years, under specified circumstances; and providing that an officer who applies for a permit renewal is not required to be fingerprinted except under specified circumstances."
    Simplifies renewal of permits for retired law enforcement.


    HB0189 -- Mild PRO (x-filed as SB0261) Favorable
    "Authorizing the Secretary of State Police to accept a background investigation performed on behalf of an armored car company in place of a criminal history records check performed by the Department of Public Safety and Correctional Services under specified circumstances."
    Simplifies the permit process for armored car employees.


    HB0306 -- PRO
    Repealing a specified exception to the prohibition against carrying a deadly weapon on public school property; repealing the prohibition on the possession or use of specified firearm ammunition during and in relation to the commission of a crime of violence; altering the authorization for a person to wear, carry, or transport a handgun; repealing the designation of specified firearms as assault weapons; etc.
    Generally, repealing major provisions of FSA2013, and redefining firearms safety course requirements.


    HB0417 -- PRO Unfavorable
    "Establishing that it is not a legitimate law enforcement purpose to use active or historical plate data captured by an automatic license plate reader system that indicates the owner of the vehicle has been issued a permit to carry, wear, or transport a handgun as the sole basis to stop and question the vehicle's driver."
    Self-explanatory


    HB0432 -- PRO
    "Repealing the requirement that the Secretary of State Police find that a person has a good and substantial reason to carry, wear, or transport a handgun before issuing a handgun permit to the person."
    Self-explanatory


    HB0464 -- PRO (x-filed as SB0454)
    Specifying that a permit to carry a handgun, including a concealed handgun, issued to an individual by another state is valid in Maryland.
    Full, generally stated reciprocity for other states' permits.


    HB0477 -- Mild PRO (x-filed as SB0326)
    Authorizing the Secretary of State Police to set the date for expiration of a handgun permit under specified circumstances; and clarifying that an expiration date for a handgun permit does not apply if the permit is renewed under specified circumstances.
    Clarifying renewal periods to the holder's benefit.


    HB0614 -- Mild ANTI (MSI OPPOSES) Passed Third Reading
    Altering the definition of handgun for purposes of provisions relating to the Handgun Roster Board to exclude a shotgun, a rifle, a short-barreled rifle, a short-barreled shotgun, or an antique firearm from the definition.
    Redefining the term "handgun" to exclude rifle, shotgun, SBR, SBS or antiques; focuses on "concealable"


    HB0735 -- Mild PRO
    Specifying that a person who is not a resident of the State and who is not prohibited from possessing a regulated firearm or ammunition for a regulated firearm in the person's state of residence may transport a regulated firearm or ammunition for a regulated firearm through the State to another state under specified circumstances; requiring a person who transports a regulated firearm or ammunition for a regulated firearm under specified circumstances to transport the firearm or ammunition in a specified manner; etc.
    Reinforcing FOPA transport in Maryland? This may just be a solution in search of a problem.


    HB0743 -- PRO
    Altering the requirements to a 2-hour online refresher course for a firearms training course that an applicant for renewal of a permit to carry, wear, or transport a handgun must successfully complete.
    Simplifies the training requirement for W&C permit renewals.


    HB0767 -- PRO (x-filed as SB0100)
    Clarifying that self-defense can qualify as a good and substantial reason to wear, carry, or transport a handgun for purposes of the issuance by the Secretary of State Police of a permit to carry, wear, or transport a handgun.
    Self-explanatory


    HB0772 -- PRO
    Repealing a requirement that a person complete a specified firearms safety training course in order to be issued a handgun qualification license or a permit to carry, wear, or transport a handgun; and repealing a prohibition on selling, renting, or transferring a regulated firearm to a person that has not completed a specified firearms safety training course.
    Removal of the training requirement for obtaining HQL.


    HB0842 -- PRO
    Providing that an honorably discharged member of the armed forces of the United States or the National Guard is not required to possess a specified handgun qualification license in order to purchase, rent, or receive a specified handgun under specified circumstances; and providing that a specified veteran may use a specified form to demonstrate that the veteran is not required to complete a specified certified firearms training course.
    Waiving the HQL requirement for Honorably Discharged vets with valid DD-214.

    HB0857 -- Possible negative (x-file of SB0530) Unfavorable
    Requiring a court to inform a person convicted of a specified offense that the person is prohibited from possessing a firearm under specified provisions of law; providing that if a person commits a specified offense and the offense is a domestically related crime, the court shall order the person to transfer all firearms owned by the person or in the person's possession; providing for the procedure to transfer firearms; authorizing the disposal of a firearm under specified circumstances; etc.
    Will need research as to whether 6-234 (B) and (C) would apply to convictions that would not currently make for prohibited persons.

    HB1032 -- Somewhat Pro (LEO-related) Favorable as amended
    Providing that a specified prohibition on carrying or possessing a specified weapon on public school property does not include a specified retired law enforcement officer who is a parent, guardian, or visitor of a student attending a school located on the public school property.
    Self-explanatory
     
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    Arcamm

    Ultimate Member
    MDS Supporter
    Wow! No Against bills. But I don't remember any last year as well. None of those made it out.

    I'm far more optimistic this year. The antis are on their own and don't have the "Top Level" backing (whip cracking) they had before. Odds are much better now.

    That being said, it's time to redouble our efforts. Dust off the fax machines.
     

    Mr H

    Banana'd
    Wow! No Against bills. But I don't remember any last year as well. None of those made it out.

    I'm far more optimistic this year. The antis are on their own and don't have the "Top Level" backing (whip cracking) they had before. Odds are much better now.

    That being said, it's time to redouble our efforts. Dust off the fax machine.

    It's still early, of course, so we do need to stay on top of it.

    There is one potential "anti" bill on the Senate side, but it needs a little research, IMO.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Tomorrow is the last day for bills to be submitted without going through the rules committee.
     

    Minuteman

    Member
    BANNED!!!
    HB0038 - Crimes - Use of a Firearm in the Commission of a Crime - Diminution Credits and Sentencing


    Bad bill, here's why:

    First - ask the folks holding these prisoners, they want the ability to have a 'carrot and stick' situation over prisoners, otherwise you take a tool away from them to better manage and keep the peace in prisons.

    Secondly - why make the mere possession of a firearm a 'special' circumstance to warrant losing good time credit? Punish people appropriately. If any catagory is special enough to warrant this treatment, go after people who actually commit the most violent crimes, i.e. murder, rape, etc. Not just because they used a firearm.

    Third - I quietly disagreed when Mike Smieigel (great American!) grandstanded a bit on this issue as a proposed ammendment to SB 281; we all understand why he did it, and were for almost anything to stop the outragious law. But now, it's a puppet bill - and worse, its proposed by Brochin (spit). Brochin is using it as a ploy to say he's still tough on criminals and can talk about that, instead of talking about why he voted for SB281.

    Imagine this... a citizen defends them self in their own home against a criminal who broke into their home. For whatever reason, they lose their case in a Baltimore city trial; now because of this law, they would have no possibility to shorten their sentence, even by a minimal amount for good behavior. Why is this special treatment focused on personal with firearms? During sentencing, the use of a weapon or other extenuating situations are considered.

    This is a bad bill, it has no chance of passing, and is merely a distraction by Brochin (spit). Supporting this bill makes us look ignorant or worse.
     

    Mr H

    Banana'd
    A few points, quickly ...

    This is the House bill, not Brochin.

    I am personally holding judgment until we hear testimony.

    As for Senator Turncoat? He is giving lip service (again) and I don't trust him a bit.

    But, for this bill, I'm not seeing a problem (yet)... especially if it could be amended to target multiple-time offenders.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    If only there were a bill that would allow Correctional Officers to carry concealed. I know some of you will say that everyone should be granted the right and I totally agree. However this is MD and we know that maybe a while coming if at all. I also know that some of you will remark that Correctional Officers are corrupt, etc. etc. and while there have been some and I'm sure there still maybe more, there are also corruption in other agencies. Even if there was a bill that allowed Correctional Officers who are weapons cadre to carry concealed, it would be a start. Some people don't realize that the threat from inmates doesn't stop once one leaves the wire. These guys have friends, family, and gang associates on the outside that can and will harm you and your family. Inmates can and do subpoena the courts to get officers' personal info such as addresses, copies of marriage licenses etc. and are granted them because of the Freedom of Information Act. I'm pretty sure they aren't doing that so they can send Christmas cards:mad54: Inmates view Correctional Officers as the "Police" and call them such. Many inmates have a hatred of those who tell them when to shower, when to eat, what they can and can't have etc. I just think its ridiculous that a weapons cadre officer can strap on a handgun and transport inmates to hospitals, courts, etc. anywhere in the state of Maryland, but once your shift is over you aren't "qualified" to be armed.
     

    Minuteman

    Member
    BANNED!!!
    Thought I read Brochin sponsored it; thanks for the correction.

    I totally agree that Correctional Officers should be able to easily and routinely obtain a wear and carry permit (assuming they are not prohibited otherwise from owning a firearm).

    I also believe other professionals and retirees, should be able to get them easily. I think business owners and teachers, administrators, real-estate workers, airline industry, transportation industry (deliver drivers, truck drivers, tow-truck, etc.). I think mechanics and technicians, and just about anyone who pays taxes, or votes, or otherwise isn't prohibited should be able to easily obtain a wear and carry permit (again, as long as they are not a prohibited person); I believe unless the state can demonstrate why they should be denied their civil right, the state 'shall issue' permits if requested.

    For me, or anyone to 'OPPOSE' anyone or any group of people from making it easier, that is creating the very situation we all want to avoid - division. We all need to stand together and support one another; to make Maryland better for everyone. Slowly over time, incrementally we can turn the tide back to a more reasonable situation.
     

    Dieselfool

    Active Member
    Jun 19, 2013
    691
    Westminster, Carroll County
    I also posted this in the Senate Bill Day thread...
    Food for thought on HB0038.
    A friend was involved in a road rage incident in the city. Car behind was in a hurry and bumped my friends car. He put the car in park and sat there for a moment. He looked around before getting out to make sure he wouldn't be bum-rushed, then he got out with the club he keeps next to his seat. After a quick assessment of his surroundings, he threw the club back in the car figuring that it was not necessary for defense. Fast forward. Police arrive and the person in the car that hit my friend told the officer that my friend got out with the club. Officer arrested my friend on assault w/ deadly weapon charge. Lucky for my friend, the Judge dismissed the charge in court after a lengthy explanation. He would be facing a mandatory minimum for self-defense.

    BTW. My friend is very passive, I have known him for a long time. There were witnesses that told the officer that my friend didn't threaten anyone and that the guy in the car behind was lobbing a barrage of expletives at my friend.
     

    Minuteman

    Member
    BANNED!!!
    I also posted this in the Senate Bill Day thread...
    Food for thought on HB0038.
    A friend was involved in a road rage incident in the city. ....

    Very understandable, things like this happen all the time. This is why I'm not a fan of mandatory sentencing; and certainly do not believe its right to make the fact that a firearm was involved cause someone to lose any chance at getting good behavior credit. If whatever they did was serious enough, give them a stiffer sentence. I've often heard that Maryland is one of the most lenient states with regard to sentencing. I know that in Virginia if a person is convicted of a serious crime like murder, there is a sentencing sheet that they use as a guide for how many years that person should get (assuming they don't get the death penalty).

    We often complain, and rightly so, that we shouldn't be passing laws to make things that are already illegal - more illegal.

    It is ridiculous to think that an insane person (virtually all mass shootings are committed by insane people), would be deterred in the slightest by a sign that says 'no gun zone'. They are already committing numerous crimes just having the intent to harm and getting there; then committing the most horrible crime imaginable (murder), so the only people affected by 'gun free zones' are the law abiding. If anything, criminals are more likely to commit violence in areas where they are least likely to meet resistance.
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    I am working on more written testimony and went to the MGA website. It seems that HB13 has been withdrawn. Can someone verify this?

    ... moving forward...
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,540
    HB0417

    "Establishing that it is not a legitimate law enforcement purpose to use active or historical plate data captured by an automatic license plate reader system that indicates the owner of the vehicle has been issued a permit to carry, wear, or transport a handgun as the sole basis to stop and question the vehicle's driver.
    "


    It is a bit disappointing this even has to be considered making law. I always thought cops had to have a reason to stop you. Currently they now consider cars registered to CCW holders fair game to be stopped? Has there ever been a case where a car was stopped for this sole reason? The bill is OK, and can be passed but it reminds me of guns laws, useless. Cop will come up with an alleged legitimate reason to stop you, then conveniently ask about guns. I read a story about a man near harbor tunnel having his car near ripped apart looking for a gun, no idea why that happened. I understand they did use the plates to see he was licenced in his state to carry. Point is, does this law even do anything to prevent what happened to him?
     

    Mr H

    Banana'd
    Actually, it appears Frau Dumais has been busy (along with some others of note), and is trying to clog up the hearings.

    Some good ones too, it seems, but not a lot.

    I'll have to dig into these, but might not have them tonight. Any assistance would be appreciated.
     

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