Sine Die 4/10/2017 Legislative Shenanigans Thread

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    And yet, none of the persons retroactively prohibited under fsa2013 have brought suit. Even though we get about 2-3 per month posting here asking for legal advice.

    Lawsuits are expensive and this nuance under the MD Constitution is easy to miss. It wasn't until the Court of Appeals of MD's decision in Doe v. Department of Public Safety and Correctional Services, 430 Md. 535, 552, 62 A.3d 123, 133 (2013), that the court stressed that the State Constitution ex post facto provision is broader in its protections than the federal constitution with respect to "civil" disabilities. Take a look at the attachment where the theory is set forth. There is a good suit to be had here.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Thank you, Mark!

    Maryland Shall Issue is the Tip of The Spear, and hats off to our veteran litigator leading the charge. Our membership dues go straight to the legal fights THAT WE CAN WIN here in MD.

    Join us at MSI today and be a part of The Army of the Chesapeake! MSI has a thousand members but there are hundreds of thousands of firearm owners in Maryland who can make a big difference for the cost of one box of ammo.

    Between sessions, let's talk up MSI with everyone we can.

    Thank you, Rack!!
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,392
    Darlington MD
    Lawsuits are expensive and this nuance under the MD Constitution is easy to miss. It wasn't until the Court of Appeals of MD's decision in Doe v. Department of Public Safety and Correctional Services, 430 Md. 535, 552, 62 A.3d 123, 133 (2013), that the court stressed that the State Constitution ex post facto provision is broader in its protections than the federal constitution with respect to "civil" disabilities. Take a look at the attachment where the theory is set forth. There is a good suit to be had here.

    McCloud already settled the "at the time of argument" in a round about way. A crime committed in another state that had a less than 2 year penalty "at the time of" would include "location of", and still MD applies firearms prohibition ex post facto.

    The ignored protection in the state constitution has been known about far longer than 2013.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    McCloud already settled the "at the time of argument" in a round about way. A crime committed in another state that had a less than 2 year penalty "at the time of" would include "location of", and still MD applies firearms prohibition ex post facto.

    The ignored protection in the state constitution has been known about far longer than 2013.
    Agreed. But Doe re-established the point after the Supreme Court decided Doe in the Megan's law context. Time to challenge firearms disability under the maryland constitution.
     
    Last edited:

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    I have said this before, but there is great peril in this approach, especially in the House. Vallario is far from our friend, but neither is he our greatest enemy on the Judiciary Committee. The vice chair is a MUCH more virulent gun grabber. My opinion is that we are better off with him right where he is until we can make sure that DuMais is gone. If Vallario goes and she remains to take over the chair, things will be a lot worse.

    She didn't win her primary in a landslide.

    Well, as a free speech aficionado, his comments aren't prohibited. It's just that it contributes exactly NOTHING to the cause. who needs that?

    Not really, it's a private not public forum. So, he could get the boot for no reason.
     

    TopShelf

    @TopShelfJS
    Feb 26, 2012
    1,743
    I have said this before, but there is great peril in this approach, especially in the House. Vallario is far from our friend, but neither is he our greatest enemy on the Judiciary Committee. The vice chair is a MUCH more virulent gun grabber. My opinion is that we are better off with him right where he is until we can make sure that DuMais is gone. If Vallario goes and she remains to take over the chair, things will be a lot worse.
    + Bold

    She didn't win her primary in a landslide.

    <snip>
    Dumais is in Legislative District 15. See you on the campaign trail for the 2018 election. ?

    2014 Primary Election http://www.elections.state.md.us/elections/2014/results/primary/gen_results_2014_1_01615.html
    2014 General Election http://elections.state.md.us/elections/2014/results/General/gen_results_2014_2_01615.html
     

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    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    Dumais is in Legislative District 15. See you on the campaign trail for the 2018 election. ?

    That's one of the points to really be driven home as part of the DINO movement. What kind of campaign trail exists when the "candidate" is running unopposed, which happens in an ever-increasing number of districts?
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,876
    That's one of the points to really be driven home as part of the DINO movement. What kind of campaign trail exists when the "candidate" is running unopposed, which happens in an ever-increasing number of districts?

    Not only that, but at least in MoCo back in the days I lived there, the Dems ran like pack animals -- a ticket with all their district House, Senate, etc. candidates on one yard sign. They hardly ran or were considered on their individual merits once they were the party "chosen." Makes it tougher for new names to break in and easier to just punch the party line.

    Ironic, because I remember a Dem once telling me that I should consider every candidate individually and be a ticket splitter -- something they don't do.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    Not only that, but at least in MoCo back in the days I lived there, the Dems ran like pack animals -- a ticket with all their district House, Senate, etc. candidates on one yard sign. They hardly ran or were considered on their individual merits once they were the party "chosen." Makes it tougher for new names to break in and easier to just punch the party line.

    Ironic, because I remember a Dem once telling me that I should consider every candidate individually and be a ticket splitter -- something they don't do.[/
    QUOTE]

    democrats are very good at preaching things they themselves never do. reaching across the aisle being the biggest.
     

    TopShelf

    @TopShelfJS
    Feb 26, 2012
    1,743
    That's one of the points to really be driven home as part of the DINO movement. What kind of campaign trail exists when the "candidate" is running unopposed, which happens in an ever-increasing number of districts?

    Not only that, but at least in MoCo back in the days I lived there, the Dems ran like pack animals -- a ticket with all their district House, Senate, etc. candidates on one yard sign. They hardly ran or were considered on their individual merits once they were the party "chosen." Makes it tougher for new names to break in and easier to just punch the party line.

    Ironic, because I remember a Dem once telling me that I should consider every candidate individually and be a ticket splitter -- something they don't do.

    Plenty of time left to file and run - http://elections.state.md.us/candidacy/index.html . Eligibility requirements are listed here - http://elections.state.md.us/candidacy/qualifications.html
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Mulling over a Victory Party for this week!

    Once again, hats off to these fine people for getting on the Bricks to preserve our rights in MD,

    Time for the 2017 Honor Roll of Patriot Picket veterans... I hope you will thank our MDS Sidewalk Warriors when you see them:

    Stoveman
    Gryphon
    Deep Lurker
    Biggfoot44
    Not-An-Outlaw
    Silent Partner
    Adolph Oliver Bush
    ZenMonkey
    EL1227 (Captain Video!)
    GTOgunner
    Bob A
    JimBoy
    R56 ED
    welder516
    Raineman
    Babalou
    Natboh
    ShallNotInfringe
    Mopar92
    eruby
    HRDWRK
    Sthomas229
    DC-W
    Swinokur
    John From MD
    ShafTed
    PBHarvey
    BeoBill
    Bike Breath
    LCPIWB
    Three band
    On_The_Rox
    Top Shelf
    MagnumST
    agrwuj
    OldSchool1959
    MarkGrutz
    Chilipeppermaniac
    MigraineMan
    DogBone
    Hodgepodge
    Texas
    Highli99
    Bobman
    Light12pdr
    Naysayer
    Cypherpunk
    Dblas
    aray
    VG-10
    Glaron
    HeavyMax
     

    Adolph Oliver Bush

    Ultimate Member
    Patriot Picket
    Dec 13, 2015
    1,940
    I would make every effort to show up and support the efforts of my fellow Patriot Picketers.

    Folks who don't show up for events in Annapolis don't know what they are missing. I get that some have health issues, but more bodies always helps. The legiscritters can delete your email or recycle your letter, but when you're in front of their face, it is hard for them to ignore you.

    Plus, you get to see the look on their faces when folks heckle them. My favorite was, after Dumais said in the regulate muzzle loaders hearing " if we could save just one life" (by requiring registration of something used in murders in this nation about once every 8 years), someone shouted out "If we could save just one life" while holding an anti illegal immigration sign in their hand after the Rockville rape. Keyboard Commandos miss moments like that.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Mulling over a Victory Party for this week!

    Once again, hats off to these fine people for getting on the Bricks to preserve our rights in MD,

    I will attend if nothing more than to shake everyone's hand.

    As Captain Video, 'the man behind the scenes' I can't contribute the way every one of you have, but I did what I could. Maybe in some way it kept our message 'in their faces' on social media, especially if their Pro 2A/Pro Liberty colleagues shared ...

    Keep me posted.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    And I will attend, AOB, just to shake your hand for continually giving us a polished, professional presence on the Interwebs.

    Everyone plays their part!
     

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