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

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  • smkranz

    Certified Caveman
    MDS Supporter
    Feb 21, 2013
    4,385
    Carroll County
    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?

    1. Give up your firearms when the Sheriff or Police show up with the ERPO, or else go to jail.
    2. Hire an attorney ($$).
    3. Take time off from work to attend your hearing(s) ($$);
    4. Get your firearms back if you've been a good boy.
    5. Bring an action as the test against the State of Maryland in Federal Court.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,239
    Davidsonville
    There will be nothing better for the dems and Hogan than to show the large amount of weapons removed from the streets with this law. In the many years it will take to get a challenge to court there will be many weapons removed from the citizens which is a huge plus in the eyes of the majority of MD citizens. Many votes earned with this one. It may also be the case that if some related case goes to jury the firearms owner will lose, this is md and I bet the jury will be wearing the pink shirts .... smiling .... with Hogan ....

    Long term out of state storage facility needed. Preferably 3 bedroom 2 1/2 bath, on a lake, in the woods, close to the ocean, fenced in, in a gated community, no neighbors, with a horse barn, corn field and an Olympic quality womens beach volley ball court ...
     

    inkd

    Ultimate Member
    Aug 4, 2009
    7,528
    Ridge

    Attachments

    • Hogan is a traitor.jpg
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    platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,149
    SouthOfBalto
    thank you very much for the picture. Talking to another gun guy from MD and he knew nothing about this bill or the governor signing.

    Of course he is too lazy to join MSI or read this forum. for sure many out there like him, what a waste.
     

    Adolph Oliver Bush

    Ultimate Member
    Patriot Picket
    Dec 13, 2015
    1,940
    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.

    You actually HAVE firearms? Not me. I'm just here for the entertainment.

    Now, skedaddle over to the intro section and, well, introduce yourself!
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    1. Give up your firearms when the Sheriff or Police show up with the ERPO, or else go to jail.
    2. Hire an attorney ($$).
    3. Take time off from work to attend your hearing(s) ($$);
    4. Get your firearms back if you've been a good boy.
    5. Bring an action as the test against the State of Maryland in Federal Court.

    NOT. This is one I don't want to argue. I'm getting a retainer on a lawyer first and not after to fact. Soooo, when a law officer arrives with ERPO I'll have a means to resist up front and not after the fact.

    https://supreme.justia.com/cases/federal/us/510/43/case.html

    Procedural Due Process
    Procedural due process protects individuals during governmental proceedings, whether they are civil or criminal. Procedural due process also pertains to parole hearings, governmental benefit hearings, and full criminal trials. The rights afforded in this section include, but are not limited to:
    The right to an unbiased trial
    The right to be given notice of the proposed trial and the reason for it
    The right of the individual to be aware of evidence against him
    The right to cross-examine witnesses for the opposition
    The right to present evidence and call witnesses
    The right to be represented by counsel
     

    inkd

    Ultimate Member
    Aug 4, 2009
    7,528
    Ridge
    thank you very much for the picture. Talking to another gun guy from MD and he knew nothing about this bill or the governor signing.

    Of course he is too lazy to join MSI or read this forum. for sure many out there like him, what a waste.

    Unfortunately, I know of several people like that as well.
     

    willtill

    The Dude Abides
    MDS Supporter
    May 15, 2007
    24,520
    NOT. This is one I don't want to argue. I'm getting a retainer on a lawyer first and not after to fact. Soooo, when a law officer arrives with ERPO I'll have a means to resist up front and not after the fact.

    https://supreme.justia.com/cases/federal/us/510/43/case.html

    Procedural Due Process
    Procedural due process protects individuals during governmental proceedings, whether they are civil or criminal. Procedural due process also pertains to parole hearings, governmental benefit hearings, and full criminal trials. The rights afforded in this section include, but are not limited to:
    The right to an unbiased trial
    The right to be given notice of the proposed trial and the reason for it
    The right of the individual to be aware of evidence against him
    The right to cross-examine witnesses for the opposition
    The right to present evidence and call witnesses
    The right to be represented by counsel

    So for the sake of discussion; if you retained a lawyer beforehand... how will that all go down if a EPRO is served?


    ,
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    So for the sake of discussion; if you retained a lawyer beforehand... how will that all go down if a EPRO is served?


    ,

    Well. At least the lawyer would have knowledge of all firearms I own
    and all of the safety courses I have taken over the years including military service, Doctors medical records, documented statements from professionals in Demonstrated honesty, integrity and safety of handling firearms. That's to start with. One needs to have an aggressive defense posture. The one thing I learned in the Army is don't leave to chance the fight with the enemy.
    Ever heard of the "Fight to win" mentality like our Marine Secretary of Defense. Some call is a warrior attitude.



    Edit: Willtill, you look like a calvary trooper! What would you do?
     

    willtill

    The Dude Abides
    MDS Supporter
    May 15, 2007
    24,520
    Well. At least the lawyer would have knowledge of all firearms I own
    and all of the safety courses I have taken over the years including military service, Doctors medical records, documented statements from professionals in Demonstrated honesty, integrity and safety of handling firearms. That's to start with. One needs to have an aggressive defense posture. The one thing I learned in the Army is don't leave to chance the fight with the enemy.
    Ever heard of the "Fight to win" mentality like our Marine Secretary of Defense. Some call is a warrior attitude.



    Edit: Willtill, you look like a calvary trooper! What would you do?

    Retired now. I'm an ex-1st Cavalry Trooper :)

    Btw... my avatar is LtCol Kilgore (played by Robert Duvall) from Apocalypse Now... though I resemble the persona and attitude.

    It's quite fitting :D
    .
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Hell yes. As long as your not within the targeted area.... :innocent0


    .

    Yep, the one LTC Commander in Ft Ord Ca, 105mm towed woke us up
    at 06 with 18 rounds over the CP, cooks and Maintenance every morning.
    He said he "Loved the smell of gunpowder in the morning" pretty routinely.
    nothing like 105mm rounds whistling thru the air at 06 wake call. :D:thumbsup:


    Point is, I'm just not going to sit by and let a jack boot thug seize any of my firearms.
     

    willtill

    The Dude Abides
    MDS Supporter
    May 15, 2007
    24,520
    Yep, the one LTC Commander in Ft Ord Ca, 105mm towed woke us up
    at 06 with 18 rounds over the CP, cooks and Maintenance every morning.
    He said he "Loved the smell of gunpowder in the morning" pretty routinely.
    nothing like 105mm rounds whistling thru the air at 06 wake call. :D:thumbsup:


    Point is, I'm just not going to sit by and let a jack boot thug seize any of my firearms.

    I like the smell of gunpowder myself.

    However one night I was walking between 2 M109's at night. They were buttoned up. Unbeknownst to me they were in a middle of a fire mission. After the battery eight had executed, I picked myself up off of the ground and walked around in circles for a bit. :sad20:

    Always made sure I stayed behind the gun line at all times after that. :rolleyes:


    .
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    I like the smell of gunpowder myself.

    However one night I was walking between 2 M109's at night. They were buttoned up. Unbeknownst to me they were in a middle of a fire mission. After the battery eight had executed, I picked myself up off of the ground and walked around in circles for a bit. :sad20:

    Always made sure I stayed behind the gun line at all times after that. :rolleyes:


    .

    Thanks for the great ROFLOL.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    NOT. This is one I don't want to argue. I'm getting a retainer on a lawyer first and not after to fact. Soooo, when a law officer arrives with ERPO I'll have a means to resist up front and not after the fact.

    https://supreme.justia.com/cases/federal/us/510/43/case.html

    Procedural Due Process
    Procedural due process protects individuals during governmental proceedings, whether they are civil or criminal. Procedural due process also pertains to parole hearings, governmental benefit hearings, and full criminal trials. The rights afforded in this section include, but are not limited to:
    The right to an unbiased trial
    The right to be given notice of the proposed trial and the reason for it
    The right of the individual to be aware of evidence against him
    The right to cross-examine witnesses for the opposition
    The right to present evidence and call witnesses
    The right to be represented by counsel


    This might sound like a stupid question but can this ruling be used in a lawsuit against Maryland Red flag laws? and or sent to Hogan, Bush, Miller and of course our very anti 2a frosh?? or get an injunction from this law taking place to begin with?
     

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