HB1302-"The Neighborhood Bag Lady Can Take Your Guns" bill

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  • Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    That is not in the final version.

    Sent from my Moto Z (2) using Tapatalk

    Exactly. The "any interested person" crap got removed.

    The final law enacted by the Hogan can be read here - http://mgaleg.maryland.gov/2018RS/Chapters_noln/CH_250_hb1302e.pdf

    Yup. Here is the relevant part:

    (E) (1) “PETITIONER” MEANS AN INDIVIDUAL WHO FILES A PETITION FOR
    AN EXTREME RISK PROTECTIVE ORDER UNDER THIS SUBTITLE.
    (2) “PETITIONER” INCLUDES:
    (I) A PHYSICIAN, PSYCHOLOGIST, CLINICAL SOCIAL WORKER, LICENSED CLINICAL PROFESSIONAL COUNSELOR, CLINICAL NURSE SPECIALIST IN PSYCHIATRIC AND MENTAL HEALTH NURSING, PSYCHIATRIC NURSE PRACTITIONER, LICENSED CLINICAL MARRIAGE OR FAMILY THERAPIST, OR HEALTH OFFICER OR DESIGNEE OF A HEALTH OFFICER WHO HAS EXAMINED THE INDIVIDUAL;
    (II) A LAW ENFORCEMENT OFFICER;
    (III) THE SPOUSE OF THE RESPONDENT;
    (IV) A COHABITANT OF THE RESPONDENT;
    (V) A PERSON RELATED TO THE RESPONDENT BY BLOOD, MARRIAGE, OR ADOPTION;
    (VI) AN INDIVIDUAL WHO HAS A CHILD IN COMMON WITH THE RESPONDENT;
    (VII) A CURRENT DATING OR INTIMATE PARTNER OF THE RESPONDENT; OR
    (VIII) A CURRENT OR FORMER LEGAL GUARDIAN OF THE RESPONDENT.
     

    Engine4

    Curmudgeon
    MDS Supporter
    Dec 30, 2012
    6,983
    When it says "includes", does it mean limited to or is it legal mumbo jumbo for includes these but could be others?
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    When it says "includes", does it mean limited to or is it legal mumbo jumbo for includes these but could be others?

    It means the person going to have to fall into one of those categories. However remember that any person at all can go to the police and file a complaint wanting a 1302 done on someone. And times being what they are, the police are more than likely going to play it safe and lean towards getting a 1302 and sorting it all out after time, especially in some jurisdictions.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,191
    Davidsonville
    It means the person going to have to fall into one of those categories. However remember that any person at all can go to the police and file a complaint wanting a 1302 done on someone. And times being what they are, the police are more than likely going to play it safe and lean towards getting a 1302 and sorting it all out after time, especially in some jurisdictions.



    And I’m guessing these police, like Pope, are familiar with the Constitutional implications....ugh
     

    JaegerJason

    Banned
    BANNED!!!
    Mar 1, 2018
    83
    (VII) A CURRENT DATING OR INTIMATE PARTNER OF THE RESPONDENT;

    We all know no crazy woman would ever lie about something like this...
     

    IDFInfantry

    Banned
    BANNED!!!
    Feb 21, 2013
    926
    Nomad
    The left clearly realizes that this is just another tool in their arsenal to disarm the general public. If people really think this law won't be abused constantly they must be drinking copious amounts of fluoridated water Perhaps they have taken one too many Tide Pod challenges as well.
     

    IDFInfantry

    Banned
    BANNED!!!
    Feb 21, 2013
    926
    Nomad
    We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.
    - Abraham Lincoln
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    If DemocRATs and Hogan want to know why we are so upset about the Red Flag law....here you go.

    LATimes.com - May 17, 2018
    Reuben Foster's ex-girlfriend testifies she lied about domestic violence after he ended relationship

    The former girlfriend of Reuben Foster testified at a preliminary hearing Thursday that she lied to police when she said the San Francisco 49ers linebacker attacked her, allegations that led to a domestic violence case against him.

    Elissa Ennis testified she lied because she wanted retribution after Foster tried to end their relationship, saying she was angry "and I wanted to end him." When asked by prosecutor Kevin Smith if Foster ever hit her, Ennis replied, "No, sir. Not once."

    But how many would-be jilted girlfriends or vindictive ex-wives would confess later ... let alone the amount of personal, legal and civil rights hardships a defendent would endure BEFORE being vindicated ... if ever ?

    Due Process is ONLY effective if rigorously applied at the outset. There is NO after-the-fact application.
     

    MigraineMan

    Ultimate Member
    Jun 9, 2011
    19,109
    Frederick County
    If DemocRATs and Hogan want to know why we are so upset about the Red Flag law....here you go.

    LATimes.com - May 17, 2018
    Reuben Foster's ex-girlfriend testifies she lied about domestic violence after he ended relationship

    But how many would-be jilted girlfriends or vindictive ex-wives would confess later ... let alone the amount of personal, legal and civil rights hardships a defendent would endure BEFORE being vindicated ... if ever ?

    Due Process is ONLY effective if rigorously applied at the outset. There is NO after-the-fact application.

    Senator: "I fail to see how one can correlate unethical behavior in California to the fine State of Maryland. Now if you'll excuse me, I have a campaign meeting to attend."

    Tangent - Mr. Foster needs to find a better hair stylist.
     

    dad4

    Ultimate Member
    Jan 11, 2013
    1,629
    Cecil County
    I still can't forget Hogan's unwillingness to support Trump. He would rather risk our future on Hillary?

    Combine that with his unwillingness to veto the Red Flag bill to reassure the 2A, Constitution abiding Marylanders he sees what's wrong. He is nothing more than the rest of the swamp.

    In it only for himself. The hell with everyone else. IMHO
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    If DemocRATs and Hogan want to know why we are so upset about the Red Flag law....here you go.

    LATimes.com - May 17, 2018
    Reuben Foster's ex-girlfriend testifies she lied about domestic violence after he ended relationship



    But how many would-be jilted girlfriends or vindictive ex-wives would confess later ... let alone the amount of personal, legal and civil rights hardships a defendent would endure BEFORE being vindicated ... if ever ?

    Due Process is ONLY effective if rigorously applied at the outset. There is NO after-the-fact application.

    Slim to none I'd guess.
     

    calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,348
    Cuba on the Chesapeake
    This is scary enough that I will not be, as a new member, posting any details of my firearms on the forum. It used to be if you are doing nothing wrong, you have nothing to hide. Not so in Maryland.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    If DemocRATs and Hogan want to know why we are so upset about the Red Flag law....here you go.

    LATimes.com - May 17, 2018
    Reuben Foster's ex-girlfriend testifies she lied about domestic violence after he ended relationship



    But how many would-be jilted girlfriends or vindictive ex-wives would confess later ... let alone the amount of personal, legal and civil rights hardships a defendent would endure BEFORE being vindicated ... if ever ?

    Due Process is ONLY effective if rigorously applied at the outset. There is NO after-the-fact application.

    rambling_one
    Slim to none I'd guess.


    I'm trying to understand more about what due process really means in this issue.

    I found this fairly long read but helps a lot in background of "due Process" and Property rights that that Madison, Blackstone and Locke.
    https://www.hillsdale.edu/education...-archive/property-rights-in-american-history/

    So, with a respondent and ERPO and a judge orders seizure of firearms, how do I petition the court or judge to claim due process is being denied?
     

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