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  • AwesomeBill

    Awesome Member
    Apr 24, 2009
    261
    Westminster
    Count this CC resident in. Even if this is a purely symbolic exercise, we need to fight bad legislation everywhere with every tool we can find.

    What are the rules for testimony? I will start working on mine now.
     

    MikeTF

    Ultimate Member
    Hate to be the booger in the punch bowl, but the idea of nullifying state laws is a non-starter due to the preemption laws.

    If you're looking for a symbolic action, then by all means, but as an actual action there's nothing there.
    Living in Montgomery County, the last thing that I want is is to lose State Pre-emption. There are Montgomery County Laws on the book that pre-emption rules as invalid, and I'd like them to stay that way. (page 226 - 228) For example: 1) no online purchases of ammunition, 2) ammo logs, etc. etc. etc.

    Thankfully the ATF notes that these Montgomery County Laws are Invalid (State PreEmption):

    [Publisher's note: This section was held to be invalid by the Court of Appeals in MontgomeryCounty, Maryland, et al. v. Atlantic Gunds,Inc., et al., 302 Md. 540, 489 A.2d 1114 (1985),and interpreted in Washington Suburban Sanitary
    Commission v. Elgin, 53 Md. App. 452, 454A.2d 408 (1983).]

    That said, a grass roots effort to put pro-gun laws on the books could help to balance the ongoing misinformation and media biased 'opinion campaign' that the gun grabbers are currently promoting.:thumbsup:
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,646
    Carroll Co.
    If it's in the late afternoon I'm in (it's easier to take off work toward the end of the day for me).
     

    5cary

    On the spreading edge of the butter knife.
    MDS Supporter
    Dec 30, 2007
    3,633
    Sykesville, MD
    Even if it is just symbolic, count me in. As long as I'm not on travel, I'll make the time.
     

    M4MD

    Member
    Sep 14, 2012
    24
    I'll go whether or not it's just a symbolic gesture. I'll try to bring some friends as well.
     

    bpSchoch

    Active Member
    Jan 16, 2009
    788
    Bethesda, MD
    It's not so much of a pre-emption, but I think it would be something to the effect that the county wouldn't enforce any state or federal unconstitutional laws which is a right of the people. Now also add legislation to allow jury nullification of laws as the MD state constitution does. This way a jury can say well that law is unconstitutional so it doesn't apply to this case.
     

    zombiehunter

    Ultimate Member
    Jul 8, 2008
    6,505
    Likely available, legislation for a county to preempt state/fed laws...I've never heard of such an animal but I like it :)
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Hate to be the booger in the punch bowl, but the idea of nullifying state laws is a non-starter due to the preemption laws.

    If you're looking for a symbolic action, then by all means, but as an actual action there's nothing there.

    True. And most likely it will be a resolution and not binding.. But it might get some press attention.

    It is interesting that even for a non binding feel good would meet resistance.

    I mean its just saying If the law is not constitutional we will not. Assist with enforcement. It just the oath again.

    I would think that a vote against such a resolution would take more courage.
     

    codefive

    Active Member
    Jun 9, 2012
    432
    Absolutely!
    You can count on me being there, wouldnt miss it for anything!
    The more notice, the better, but I will do whats necessary.
     

    USAFRavenR6

    Active Member
    Apr 7, 2012
    734
    Mur-land
    I am a Frederick County resident but would happily attend this. If possible, please reach out to the Frederick board of county commissioners as they have recently expressed the counties non support of the recent gun bills. While this may not be able to happen, there are strengths in numbers and Frederick county as well as the Frederick Sheriff would likely support this and possibly follow suit. If one county does this great, two, all the better.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    True. And most likely it will be a resolution and not binding.. But it might get some press attention.

    It is interesting that even for a non binding feel good would meet resistance.

    I mean its just saying If the law is not constitutional we will not. Assist with enforcement. It just the oath again.

    I would think that a vote against such a resolution would take more courage.

    Or at the very least tell Annapolis they will not enforce. But the real booger would be MSP since they have state wide jurisdiction. I mean "COULD" Owe'Malley ramp up manpower in the MSP and make it more or less a state run Army
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Living in Montgomery County, the last thing that I want is is to lose State Pre-emption. There are Montgomery County Laws on the book that pre-emption rules as invalid, and I'd like them to stay that way. (page 226 - 228) For example: 1) no online purchases of ammunition, 2) ammo logs, etc. etc. etc.

    Thankfully the ATF notes that these Montgomery County Laws are Invalid (State PreEmption):

    [Publisher's note: This section was held to be invalid by the Court of Appeals in MontgomeryCounty, Maryland, et al. v. Atlantic Gunds,Inc., et al., 302 Md. 540, 489 A.2d 1114 (1985),and interpreted in Washington Suburban Sanitary
    Commission v. Elgin, 53 Md. App. 452, 454A.2d 408 (1983).]

    That said, a grass roots effort to put pro-gun laws on the books could help to balance the ongoing misinformation and media biased 'opinion campaign' that the gun grabbers are currently promoting.:thumbsup:


    Its all about the press. And if worded well the resolution is just a formal way of expressing the opinion of the elected rep that are most accountable to the people. Sometimes this helps in court.

    But this is key-- the sooner in their careers we educate fence sitters and moderates the better. Sometimes local reps try to become state reps. By then its too late..
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Hate to be the booger in the punch bowl, but the idea of nullifying state laws is a non-starter due to the preemption laws.

    If you're looking for a symbolic action, then by all means, but as an actual action there's nothing there.

    This. Goes double for nullification of federal laws. See Supremacy Clause. Sorry
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    This. Goes double for nullification of federal laws. See Supremacy Clause. Sorry

    I was wondering if you had a chance to look at Cato institute work on this. I am not optimistic that the court will uphold, they are making the claim that the supremacy clause only holds if the law is constitutional. It's slim and if the court later upheld the law in question it would be moot.


    Not claiming Cato is right, just curious if there is anything at all to this notion..
     
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