FINALLY - Hogans letter concerning HB1302

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  • iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    FYI cop cant issue an ERPO. He must petition the court for one.

    Yeah but in that case the officer would then be lying to the commissioner about where there evidence came from. He must swear under penalty of perjury that the information and evidence he is giving is true. So if the cop is buddies with the irate neighbor and file on their behalf, the cop is going to have to explain how he knows all those negative things about you.

    Very hard to pull that off and when it is found out that none of that was true the cop would have some explaining to do.

    The only way a cop would file against you is that if your irate neighbor called the cops and the cops came out to your house and you answered the door with your AR screaming "you'll never take me alive pig". Then maybe you will get the order.

    I understand that a police officer cannot issue an ERPO.

    That's why I said initiate.

    Point being, the police will become the Any Other Interested Person.
     

    ericahls

    Active Member
    Aug 31, 2011
    672
    Elkridge MD
    I understand that a police officer cannot issue an ERPO.

    That's why I said initiate.

    Got it, sorry.

    The biggest problem that I have with this bill is that I don't get a chance to defend myself to the issuing judge BEFORE they come for my guns. On that basis alone I want the bill vetoed.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Just know that HB1302 is designed as a firearm confiscation scheme that will blind-side you at your front door, cause your firearms to be taken without your consent, and drain your resources for a lawyer to try to get your good name--and your firearms--back.
     

    ericahls

    Active Member
    Aug 31, 2011
    672
    Elkridge MD
    Just know that HB1302 is designed as a firearm confiscation scheme that will blind-side you at your front door, cause your firearms to be taken without your consent, and drain your resources for a lawyer to try to get your good name--and your firearms--back.

    I agree. The fact that I can't challenge the accusation prior to confiscation is a not acceptable.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    A cop cannot "issue" an EPRO, but id be much more concerned that this is used as a pretext to manufacture a search warrant without probable cause.

    A district commissioner is simply not going to question what LEO puts on the application. If you have a drug conviction or DUI (alcohol or drugs is specifically mentioned in the bill) they do not need much more than a "confidential informant" who heard threats and loud arguing. Naturally, Jane Doe does not want to come forward for fear of retaliation. Jane Doe saw repondent brandishing a firearm during an argument last week. I am pretty sure I could write out an application that would apply to litterally 100,000 people in Bodymorgue, with Jane my trusty informant.

    Presto, they knock down the door looking for guns and btw anything else in view is fair game. Why on earth would they stop at the front door when you are an IMMINENT THREAT. They. Are. Coming. IN.

    Unfortunately, the only way this bill gets vetoed is if the ACLU grows a spine and testicles and objects. Unfortunately they succumbed to partisanship. NRA appears to have sold us out too. I think we will see a few LEO abuses, which will be great for relations in Bodymorgue. ACLU will probably initiate a lawsuit, which will put me in an awkward position since I'd like to send someone money to fight this for the inevitable 4th amendment abuses.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    This Bill is in violation of so many things, but at the very least, as it is written, the EPRO is either going to violate your 4th by denying your due process OR it's going to be granted on Hearsay and not collaborative evidence. Either way, this is a bad Bill.
     

    TexDefender

    Ultimate Member
    Feb 28, 2017
    1,572
    This Bill is in violation of so many things, but at the very least, as it is written, the EPRO is either going to violate your 4th by denying your due process OR it's going to be granted on Hearsay and not collaborative evidence. Either way, this is a bad Bill.

    I find three major flaws, one is the right to face the accuser, second illegal search and seizure and how does one insure your are not banned from purchasing a firearm in the future. Is this considered being "Committed". I don't see any "will" or "shall" which is a major flaw regarding the language. Looking at the redactions or mark outs, seems to gives me the impression this is a rush job. It need to be Vetoed!
     

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,328
    "Governor Hogan has long said that more must be done to keep firearms out of the hands of the mentally ill and people with violent criminal backgrounds. "

    Sounds like he supports common sense gun safety.
     

    HRDWRK

    ΜΟΛΩΝ ΛΑΒΕ
    Jan 7, 2013
    2,626
    39°43′19.92216″ N
    When you support the policies of the enemy, what does that make you? Certainly not my friend! Continuing to retreat will never result in victory, at some point you must counter and do so decisively! Problem is, people in this state are so used to retreating, they have lost the will to counter and no longer remember how to. Liberty in this state is enduring the death of a thousand cuts.

    Amen!
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    How did Kathy Szeliga vote on the legislation? Her vote could be an important indicator of where Hogan will go as she might have coordinated with the Governor after revisions were made and sought to give him cover at the same time (assuming that she voted in favor).

    Sent from my Pixel XL using Tapatalk
     

    aray

    Ultimate Member
    Jun 6, 2010
    5,283
    MD -> KY
    So if I read this bill correctly, one hell of a lot of redactions, the 'neighborhood bag lady' can't take your guns.

    I didn't completely digest the entire bill but it does look like not just any irate neighbor can make some anonymous call and say you are a threat and have an order issued. The petitioner for an order must first identify themselves and their relationship to the respondent, which are limited in scope, and present some form of evidence that a judge reviews.

    It sure isn't as horrible as I first heard, any 'interested party', I mean that right there was a complete deal breaker.

    The thing that mostly upsets me about the bill is that it singles out a specific group of people, gun owners. Kinda violates the 14 amendment. I still am foggy on the recourse the respondent has if it turns out that an ex girlfriend was being untruthful with her claim.

    We have MSI to thank for the improvements in the bill. They were able to soften, but not kill, the bill.

    Sorry I can't be at the Patriot Picket on Saturday. I'm in Tennessee right now for a funeral.
     

    ericahls

    Active Member
    Aug 31, 2011
    672
    Elkridge MD
    How did Kathy Szeliga vote on the legislation? Her vote could be an important indicator of where Hogan will go as she might have coordinated with the Governor after revisions were made and sought to give him cover at the same time (assuming that she voted in favor).

    Sent from my Pixel XL using Tapatalk

    She voted Nay.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    How did Kathy Szeliga vote on the legislation? Her vote could be an important indicator of where Hogan will go as she might have coordinated with the Governor after revisions were made and sought to give him cover at the same time (assuming that she voted in favor).

    Sent from my Pixel XL using Tapatalk

    She voted Nay.

    First attempt, she voted YES. Once she was called out and shamed for her actions, she voted no. According to other R representatives, she was one of the leaders of pushing this Bill through the first time. It was said that the R leadership okayed this Bill and that's why most of the R's voted for it in the House. Since she is the R Whip, she okayed this Bill.

    Then she went into hiding. Wouldn't answer her phones (both office and cell phones)and she would not return emails either.

    Most of the Republicans only voted NO during the second attempt due to public outcry. And that's the shameful part of this entire process.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Speaking of public outcry, that is what we are doing in a few hours at Lawyer’s Mall.

    “Outcry” all the hell you want here here, and see if that makes any difference.

    Our “March On Main Street” plus our rally today is probably our last hope to convince the Gov. to whip out his VETO pen.

    We have beautiful weather today, and this will be remembered as an historic chapter in the fight for our rights. In years to come, you will always want to say you were there. I have provided our Press Release to 8 TV stations and 5 print media outlets to cover us.

    Again, plan on finding your free, all-day parking at the Calvert Garage (Bladen & Calvert) at 11:15am to be on time for the start of our March. Your choice: carry one of our signs or banners, or just march with us.

    (1) We will leave promptly from Lawyer's Mall with signs and flags at 11:30am to march down Main Street to Mission BBQ for lunch in their reserved upper dining area. Be aware the media can have long lenses to capture us long before you see them, so look sharp, don't bump pedestrians with our signs, and keep flags off the ground. We expect to wrap up lunch and conversation by 1pm.

    (2) We will then gather on the sidewalk next to the Market House at City Dock at 1pm for 30 minutes for media camera coverage and to give the public a chance to snap pictures that can make their way to social media. We expect questions from the public, as in, "What is this all about?", and this is our chance to talk one-on-one with the folks who probably don't know much detail about the RED FLAG bill. Take your time explaining the RED FLAG problems because you are not on a "soundbite" posture when talking to curious passersby. Again, if credentialed media are there, please refer them to Stoveman.

    (3) We will stage our return march, with signs and flags, to the Statehouse from 1:30-1:50pm. We expect new media will latch onto this return march because it is an opportunity to get March-&-Rally coverage in a shorter timeframe, so again look sharp, and manage our signs and flags well.

    (4) At 2pm we will rally under Gov. Hogan's window with our signs, flags and a great list of speakers. We will keep the Rally short & sweet--meaning less than an hour to maximize the number of speakers who can get TV and newspaper coverage.

    Again, beautiful weather expected on this very important day. Unlike the risk of abuse/assaults we faced in downtown DC at the anti-gun March For Our Lives last month, this can be a great outing with your wife and kids for all or any part of the day, as we don't expect any heated opposition as we do this.
     

    Mr. Ed

    This IS my Happy Face
    MDS Supporter
    Jun 8, 2009
    7,894
    Edgewater
    One of the things that really stands out to me is that the person applying for the ERPO is immune from civil and criminal prosecution if they did so "in good faith". Sounds as though the threat of perjury is completely negated if the complainant is careful in how they craft the complaint. And the threat of a lawsuit against the complainant is nullified. Total BS.
     

    Alea Jacta Est

    Extinguished member
    MDS Supporter
    One of the things that really stands out to me is that the person applying for the ERPO is immune from civil and criminal prosecution if they did so "in good faith". Sounds as though the threat of perjury is completely negated if the complainant is careful in how they craft the complaint. And the threat of a lawsuit against the complainant is nullified. Total BS.
    This is all about THEM being able to use "I was in fear for my life..."


    WITH ABSOLUTE IMPUNITY.
     

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