Why does Maryland have no RKBA in the state contitution?

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    Biggfoot44

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,137
    McDonald should negate the question.
    The Md Constitution as already written should already cover this


    Would I like to have it explicitly stated one more time ? You betcha . But the original question was WHY . Back when it was doable , it was apparently considered not needed .
     
    rambling_one

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,744
    Bowie, MD
    Some years ago I did some research on the subject. Although I can't find my documentation, here is what I recollect - take it for what it's worth. There was at least one discussion during the State's convention to include a 2A statement in the Maryland Constitution. Some of the delegates present wanted it included. A fellow from Baltimore (could have actually been Balto. City) argued that such inclusion was unnecessary (and thus redundant) because of the Bill of Rights, and because the Maryland Constitution defers to the federal document as being supreme. If I come across my notes I will be sure to post them.
     
    fidelity

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Somewhat ironic given Maryland's Catholic history and settlement, and the English, if I remember these tidbits of history correctly, restricting the right of Catholics to arm themselves centuries prior.

    Sent from my Pixel XL using Tapatalk
     
    J

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    teratos said:
    Shouldn't McDonald negate this discussion, since it incorporated the 2A against the States?
    Click to expand...

    Biggfoot44 said:
    McDonald should negate the question.
    The Md Constitution as already written should already cover this


    Would I like to have it explicitly stated one more time ? You betcha . But the original question was WHY . Back when it was doable , it was apparently considered not needed .
    Click to expand...

    The discussion/question is specific to the Maryland Constitution.

    McDonald does not address anything in the Maryland Constitution. It applies 2A to the states. While you do not need to rely on any state constitution protections, it may be more limited in scope compared to state constitutional protections. The current lawsuits appear to suggest that the 2A protection is very narrow.

    There definitely is no explicit right stated in the Maryland Constitution. Whether there are implicit rights remains to be seen. Kolbe does not seem to think there is. There are other opinions however. That is what this discussion is about.
     
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