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  • KevinK

    Ultimate Member
    Jun 24, 2008
    4,973
    Carroll County, Md
    Emailed Krebs.

    Rose and Shoemaker voted no last time.

    And what penalties are given to petitioners who may abuse this?
     
    Aug 24, 2011
    5
    The MSI website appears to be down. Can someone provide a bill number to look up? I combed through the thread several times and was unable to find anything.

    Edit: guessing we're talking about HB1302, found info on other thread. thx.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    The MSI website appears to be down. Can someone provide a bill number to look up? I combed through the thread several times and was unable to find anything.

    Edit: guessing we're talking about HB1302, found info on other thread. thx.

    https://www.marylandshallissue.org/...so-called-extreme-risk-protection-orders-bill

    CTION ALERT: HB 1302, the so-called Extreme Risk Protection Orders bill
    Well, HB 1302, the so-called Extreme Risk Protection Orders bill, has emerged from the Senate Judicial Proceedings Committee. Up front, we wish to thank the tireless efforts of Senator Hough, Senator Ready, Senator Cassilly and Chairman Zirkin in the Committee to make this bill less of a monster. And because of their efforts, the resulting bill is certainly a big improvement over the bill that was passed by the House. To their great credit, Senators Hough, Ready, Cassilly and Senator Linda Norman (who is new to the Committee, having just been appointed to the seat filled by her late husband) voted against this bill in Committee. That is because these Senators realized that the bill is still a legal abomination. Even under the JPR amendments, the bill still makes gun owners a unique class in the law, e.g., a person who can be proceeded against and whose property can be seized simply because of his or her status as a gun owner.
    Specifically, new Section 5-602 of the Public Safety Article in the bill provides:
    5*602.
    (A) (1) A PETITION FOR AN EXTREME RISK PROTECTIVE ORDER SHALL:
    (* * *
    (II) INCLUDE ANY INFORMATION KNOWN TO THE PETITIONER THAT THE RESPONDENT POSES AN IMMEDIATE AND PRESENT DANGER OF CAUSING PERSONAL INJURY TO THE RESPONDENT, THE PETITIONER, OR ANOTHER BY POSSESSING A FIREARM;

    Similarly, under new Section 5-603, a court may issue such an interim and temporary order only upon finding that "THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE RESPONDENT POSES AN IMMEDIATE AND PRESENT DANGER OF CAUSING PERSONAL INJURY TO THE RESPONDENT, THE PETITIONER, OR ANOTHER BY POSSESSING A FIREARM." Under new section 5-605, a final order, good for a year (or a 1.5 years if extended), may be entered "IF THE JUDGE FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE RESPONDENT POSES A DANGER OF CAUSING PERSONAL INJURY TO THE RESPONDENT, THE PETITIONER, OR ANOTHER BY POSSESSING A FIREARM."

    A person who is dangerous or who "POSES AN IMMEDIATE AND PRESENT DANGER" but who does NOT possess guns is NOT covered by this bill. So gun owners are the new "suspect class" in the law, except that they are a targeted class rather than a class protected under the 14th Amendment. I know of no other circumstance in which the exercise of a constitutional right (the Second Amendment right of the law-abiding citizen to own a firearm) serves a basis for singling out that class of persons for special, discriminatory treatment under the law. What's next, legislation that provides that a "Scarlet G" shall be branded on the forehead of every gun owner? Let the harassment and debasement begin. Gun owners will now have to consider whether they should go underground and be silent about possessing firearms for fear of being subjected to this harassment. And I can't blame them. It is just one more step in pursuit of the fervent desire of gun grabbers to de-legitimatize gun ownership.
    I am totally disgusted.
    It gets worse.
    In issuing the final order, the bill states:
    (2) IN DETERMINING WHETHER TO ENTER A FINAL EXTREME RISK PROTECTIVE ORDER UNDER THIS SECTION, THE JUDGE SHALL CONSIDER:

    (I) ALL RELEVANT EVIDENCE PRESENTED BY THE PETITIONER; AND (II) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE ANY OF THE EVENTS DESCRIBED IN THE PETITION.
    The same is true of temporary orders:

    (2) IN DETERMINING WHETHER TO ENTER A TEMPORARY EXTREME RISK PROTECTIVE ORDER UNDER THIS SECTION, THE JUDGE SHALL CONSIDER:

    (I) ALL RELEVANT EVIDENCE PRESENTED BY THE PETITIONER; AND (II) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE ANY OF THE EVENTS DESCRIBED IN THE PETITION.

    So, under this language, the court need NOT consider any evidence submitted by the respondent, only that evidence submitted by the petitioner. Yet, the opportunity to be heard that the bill accords for a final order proceedings (an interim order and a temporary order may be entered ex parte by a judge without the respondent's presence) means NOTHING if the judge is not obligated to consider the evidence and testimony submitted by the gun owner. The same is true at any temporary order hearing in which the respondent is able to appear. That is a denial of due process.
    We are asking all our members and subscribers to contact their legislators and ask for a *no* vote on this legislation. You can obtain their contact information HERE. Failing that, we are asking everyone to contact Gov. Hogan and ask for a veto. His contact information is HERE. Folks should understand that, under the Maryland Constitution, a veto of this bill cannot be overridden, either in this Session of the General Assembly (it is too late in the Session) or in the next Session (because there is an election before the next Session).

    Thank You,
    Mark W. Pennak, President, Maryland Shall Issue
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,691
    Why do my spidey senses tingle? Maybe because down the road, antigun politicians will send the info of those of us opposing this bill, to judges and police and claim that we are a threat to society?

    Paranoid much?

    You can stop obsessing. If you own a firearm, you are on The List already.

    Time to man up and hit the bricks, to stop this bill. Oops, too late for that,

    What you can do that would make a difference: work toward affecting the outcome of the upcoming elections.

    The Dem primary is possibly the most important election. Register as a Dem and vote against the incumbent, for openers. Also spread the word about this to your pro-2A friends and acquaintances. This is the simplest, and least bloody, way to work toward retaining or regaining your rights.

    The political arena is full of unpleasantness, but it beats armed revolt. Until it doesn't. We don't need a third American Revolution, yet. Let's work to prevent it through the political process, while we can.
     

    IronEye

    Active Member
    MDS Supporter
    Feb 10, 2018
    790
    Howard County
    Emails sent. Doubt my delegates in HoCo will care but doesn't hurt to try. They never met a gun restriction they didn't love. Maybe the civil rights angle will remind them of college days protesting and flipping frisbees.
     

    Adolph Oliver Bush

    Ultimate Member
    Patriot Picket
    Dec 13, 2015
    1,940
    Why do my spidey senses tingle? Maybe because down the road, antigun politicians will send the info of those of us opposing this bill, to judges and police and claim that we are a threat to society?


    A clear case of BGOS.



    Not that I'm disagreeing with you........
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    update on the HB 1302 conference committee

    The process of convening a House-Senate conference committee on HB 1302 began this afternoon (Saturday, April 7). The Speaker named the three House conferees: Kathleen Dumais (D-15-Montgomery County), Dan Morhaim (D-11-Baltimore County), and Paul Corderman (R-2B-Hagerstown).

    There will also be three senators named by the Senate president to the conference committee -- two Democrats and one Republican. They have not yet been named, but it is my expectation that one of the Democrats will be Judicial Proceedings Chairman Robert Zirkin.

    The conference committee cannot produce a bill unless at least four of the six members agree on language. If that happens, then both houses must vote again on the conference product, before HB 1302 can be sent to Governor Hogan.

    Keep in mind that there are a great many pieces of legislation moving simultaneously at the end of a legislative session. Delegates must be selective in what they devote their attention to, and constituent contacts help them decide what is most important.

    Delegate Corderman, who was appointed to a vacant seat by Gov. Hogan last December, voted against HB 1302 when the bill received initial House approval on March 15 -- he was one of only 17 delegates to do so. Certainly, gun owners in the Hagerstown area who are concerned with the type of abuses that will predictably flow from either the House or Senate versions of the bill (without significant revisions), should convey their concerns immediately to Mr. Corderman.

    paul.corderman@house.state.md.us
    Phone: 410-841-3125, 301-858-3125

    Delegate Dan Morhaim voted in favor of HB 1302 on March 15. He has a long list of achievements in emergency medicine and in various health policy matters. His contact info:
    e-mail: dan.morhaim@house.state.md.us
    (410) 841-3054, (301) 858-3054
     
    Last edited:

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    rules

    Those who wish to delve further into the procedural aspects of conference committees, and vetoes, may wish to review the pertinent pages from the Maryland Legislator's Handbook 2014, which I have uploaded as the attached file.

    The complete Maryland Legislator's Handbook 2014 exceeds this forum's filesize limitation (it's 34mb), but it may be downloaded via this link.
     

    Attachments

    • Maryland Legislator's Handbook 2014 (pages on conference committee, veto).pdf
      2 MB · Views: 125

    unimogger

    Member
    Mar 11, 2012
    88
    Baltimore County
    . . . The Speaker named the three House conferees: Kathleen Dumais (D-15-Montgomery County), Dan Morhaim (D-11-Baltimore County), and Paul Corderman (R-2B-Hagerstown) . . . Delegate Dan Morhaim voted in favor of HB 1302 on March 15. He has a long list of achievements in emergency medicine and in various health policy matters. His contact info: e-mail: dan.morhaim@house.state.md.us
    (410) 841-3054, (301) 858-3054

    Unfortunately, I expect Morhaim will just vote the party line . . . He is retiring (after being reprimanded last year for advocating for policies benefiting medical marijuana companies while working as a paid consultant for one) and had/has an 'F' rating from the NRA.
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,280
    email sent to Hogan. talking to my critters (D 14) is literally like talking to a large sack of rocks. they are total toolbags. my time will be spent instead doing everything I can to get Pat Fenati elected.
     

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