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Old July 15th, 2017, 09:54 PM #41
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Did this law really say within a 100 yards of a school,etc. Wouldn't some houses be banned from friearms then.
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Old July 16th, 2017, 11:27 AM #42
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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.
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Old July 16th, 2017, 12:05 PM #43
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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.
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Old July 16th, 2017, 12:32 PM #44
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Why don't they just apply to become part of New Jersey and be done with it.
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Old July 16th, 2017, 02:20 PM #45
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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.
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Old July 16th, 2017, 04:37 PM #46
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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.
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Old July 16th, 2017, 04:45 PM #47
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True except if it's a misdemeanor. with up to 3 years. IIRC some parts of 4-203 go up to 3 years.
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Old July 16th, 2017, 06:23 PM #48
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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/fr...S&tab=subject5
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Old July 17th, 2017, 06:05 AM #49
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No doubt this will be as effective as the "drug free school zone" policy.
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Old July 17th, 2017, 06:21 AM #50
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Somebody please tell these gun control freaks what "keep and bear" means.
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Old July 17th, 2017, 10:57 AM #51
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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
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Old July 17th, 2017, 03:58 PM #52
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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.
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Old July 17th, 2017, 11:29 PM #53
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Update:
Not clear this is going anywhere.

http://www.baltimoresun.com/news/mar...717-story.html

7 for
4 against
4 undecided.
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Old July 18th, 2017, 08:26 AM #54
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Quote:
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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.
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Old July 18th, 2017, 11:44 AM #55
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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?
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Old July 18th, 2017, 12:48 PM #56
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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.
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Old July 18th, 2017, 08:43 PM #57
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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!
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Old July 18th, 2017, 09:56 PM #58
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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.
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Old July 19th, 2017, 05:19 AM #59
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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...
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Old July 19th, 2017, 06:05 AM #60
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Quote:
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?

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.

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