Maryland Constitution and the RKBA

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  • ELEMENT94

    Wild eyed pistol waver.
    Sep 23, 2007
    487
    Does anyone know how MD ended up with no right to keep and bear arms? Seems odd, MD being one of the original thirteen and all. I must have someone to blame.
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter

    ELEMENT94

    Wild eyed pistol waver.
    Sep 23, 2007
    487
    No, the current constitution was enacted in 1867. It predates the articles posted above. Why, in 1867 was it not part of the constitution?
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,129
    southern md
    Fortunately for us, the US Constitution supersedes the State Constitutions.

    I have read several accounts that said md didn't put it in its constitution because it was in the COTUS and everyone KNEW that everyone had a God given right to keep and bear arms.

    I guess the dems have now taken over and they only KNOW that they think guns are bad so they want to punish gun owners now and until the end of time in Maryland.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    Does anyone know how MD ended up with no right to keep and bear arms? Seems odd, MD being one of the original thirteen and all. I must have someone to blame.

    If you're a md resident, it's the mirror. Government only ever has the power that the people give it. It's a reflection of the will of the population it governs. We all have an inalienable right to keep and bear arms. People either allow the government to have power over them or they don't.

    If you're concerned about removing the illegal infringements on our 2a rights that the government has put in place, read alinsky's rules for radicals and apply what the left has been doing for decades to our fight for civil rights. It probably wouldn't hurt to look up Ely's 8 conditions of change too.

    One of the most powerful things to work on now isn't even the litigation or legislation fronts, but the social culture front. As an individual, use your social media accounts to promote the 2a. Be a source of knowledge for people that are ignorant of and inexperienced with firearms. Take as many new shooters to the range as you can and ensure that they have a fun time. Remember that if the government is a reflection of the will of the people, we first have to change the will of the people in order to then change the government.
     

    ELEMENT94

    Wild eyed pistol waver.
    Sep 23, 2007
    487
    If you're a md resident, it's the mirror. Government only ever has the power that the people give it. It's a reflection of the will of the population it governs. We all have an inalienable right to keep and bear arms. People either allow the government to have power over them or they don't.

    If you're concerned about removing the illegal infringements on our 2a rights that the government has put in place, read alinsky's rules for radicals and apply what the left has been doing for decades to our fight for civil rights. It probably wouldn't hurt to look up Ely's 8 conditions of change too.

    One of the most powerful things to work on now isn't even the litigation or legislation fronts, but the social culture front. As an individual, use your social media accounts to promote the 2a. Be a source of knowledge for people that are ignorant of and inexperienced with firearms. Take as many new shooters to the range as you can and ensure that they have a fun time. Remember that if the government is a reflection of the will of the people, we first have to change the will of the people in order to then change the government.

    These are great and should be listed here--

    The Rules

    "Power is not only what you have but what the enemy thinks you have."

    "Never go outside the expertise of your people."

    "Whenever possible go outside the expertise of the enemy."

    "Make the enemy live up to its own book of rules."

    "Ridicule is man's most potent weapon."

    "A good tactic is one your people enjoy."

    "A tactic that drags on too long becomes a drag."

    "Keep the pressure on,"

    "The threat is usually more terrifying than the thing itself."

    "The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition."

    "If you push a negative hard and deep enough it will break through into its counterside"

    "The price of a successful attack is a constructive alternative."

    "Pick the target, freeze it, personalize it, and polarize it."
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    These are great and should be listed here--

    The Rules

    "Power is not only what you have but what the enemy thinks you have."

    "Never go outside the expertise of your people."

    "Whenever possible go outside the expertise of the enemy."

    "Make the enemy live up to its own book of rules."

    "Ridicule is man's most potent weapon."

    "A good tactic is one your people enjoy."

    "A tactic that drags on too long becomes a drag."

    "Keep the pressure on,"

    "The threat is usually more terrifying than the thing itself."

    "The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition."

    "If you push a negative hard and deep enough it will break through into its counterside"

    "The price of a successful attack is a constructive alternative."

    "Pick the target, freeze it, personalize it, and polarize it."
    Once you've read it, the entire obama 8 years suddenly makes a LOT of sense. It'd be silly to not know and use the opposition's playbook.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    SCOTUS ruling in McDonald vs Chicago incorporated the 2A into all state law via the 14th amendment due process clause.

    MD doesn't get it
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Does anyone know how MD ended up with no right to keep and bear arms? Seems odd, MD being one of the original thirteen and all. I must have someone to blame.

    SCOTUS ruling in McDonald vs Chicago incorporated the 2A into all state law via the 14th amendment due process clause.

    MD doesn't get it

    While the RKBA is not explicitly stated in the MD Constitution, the existence of a militia is explicitly stated. Miller and Heller state that it was expected that people bring their own arms to militia duty. This suggests that there may be an implicit right.

    McDonald incorporated the 2A to the state. I don't believe it is considered state law though. I believe it is federal law the state is required to follow.
     

    fred333

    Banned
    BANNED!!!
    Dec 20, 2013
    12,340
    Does anyone know how MD ended up with no right to keep and bear arms? Seems odd, MD being one of the original thirteen and all. I must have someone to blame.

    I think it must be said that Maryland DOES support our right to keep and bear arms. However, the state's law makers've felt it best (for the sake of children, hysterical women and their genetically male counterparts) to limit the types of arms we're permitted to possess and to restrict the bearing of those permitted arms to a chosen few.
     
    Last edited:

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    While the RKBA is not explicitly stated in the MD Constitution, the existence of a militia is explicitly stated. Miller and Heller state that it was expected that people bring their own arms to militia duty. This suggests that there may be an implicit right.

    McDonald incorporated the 2A to the state. I don't believe it is considered state law though. I believe it is federal law the state is required to follow.

    Just like immigration law and Congressional Districting
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    If you're a md resident, it's the mirror. Government only ever has the power that the people give it. It's a reflection of the will of the population it governs. We all have an inalienable right to keep and bear arms. People either allow the government to have power over them or they don't.

    If you're concerned about removing the illegal infringements on our 2a rights that the government has put in place, read alinsky's rules for radicals and apply what the left has been doing for decades to our fight for civil rights. It probably wouldn't hurt to look up Ely's 8 conditions of change too.

    One of the most powerful things to work on now isn't even the litigation or legislation fronts, but the social culture front. As an individual, use your social media accounts to promote the 2a. Be a source of knowledge for people that are ignorant of and inexperienced with firearms. Take as many new shooters to the range as you can and ensure that they have a fun time. Remember that if the government is a reflection of the will of the people, we first have to change the will of the people in order to then change the government.

    I don't know if you follow demographics closely (or broadly) or not, but two counties (comprised of some very unusual looking districts) are able to shout down the rest of the state quite handily. And have been able to for some time now. Just like NOVA does to the rest of Virginia.

    The Federal Government is a plague upon the area.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    While the RKBA is not explicitly stated in the MD Constitution, the existence of a militia is explicitly stated. Miller and Heller state that it was expected that people bring their own arms to militia duty. This suggests that there may be an implicit right.

    McDonald incorporated the 2A to the state. I don't believe it is considered state law though. I believe it is federal law the state is required to follow.

    I fear that until the Supremes state that we HAVE THE CIVIL RIGHT in words small and simple enough that even the buffoons in Annapolis can comprehend, nothing - I repeat, NOTHING - will happen. Getting the MGA to grant us Constitutional Carry is like trying to get water to run up a wall. And just as successful. That's why I picket.
     

    hjc4604

    Member
    Aug 1, 2009
    16
    Sykesville
    There are a handful of states that do not have the RKBA in their constitution. See here: http://www2.law.ucla.edu/volokh/beararms/statecon.htm

    Some states like Illinois did not embed it in the constitution until the 20th century.

    Minnesota, New York, New Jersey, have none either. There are some others too.

    Maryland Constitution, Declaration of Rights, Art. 2.
    The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.

    Except for the parts they don't like.
     

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