Jury Nullification for Maryland W&C Permit

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  • SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    Hi Everyone,

    Not sure if this was raised in a previous thread; however, I may have a long term ideal to get a Maryland Wear & Carry permit. Can we use "Jury Nullification" since the Maryland Legislators (some) and the courts are failing to act as self-defense without being threaten can be used as G&S reason? For example, talk and tell every Pro2A law biding citizen who will serve as a juror during a law abiding citizen gun trial to use "Jury Nullification" to let them off as not guilty. Everyone have a right to self-defense as this is natural law. I predict after a while, our law makers, police departments, and judges will feel a gun trial would be a waste of time as the law abiding citizen who want to protect oneself and family will get off anyway. Lets see how Frosh will like that. What you guys think?

    ____________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,752
    Sure, that's one of the main principals of jury nullification. A check on the power of the legislator.

    Now before you go crazy, remember, you need to get lucky enough that one of the 12 will see your point of view.

    And remember, jury nullification that results in a hung jury does not attach double jeopardy, so the state could always go to trial again; however, they may not find it cost effective.
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    gprimr1 you are absolutely right! It will start off small like educating people on the gun forums like this, gun stores, ranges, at the HPRB meetings, and the next 2nd amendment Tuesday in February 2017. It really can start if non-residents from states who are not too familiar with MD reciprocity laws. For example a hypothetical case that was mentioned during the senate on "Gun Day" testimonies as someone from West Virginia traveling the few miles in Maryland and forgot to stop and lock the firearm in the trunk and get caught accidentally with the gun on their person. Or the case similar to what happen with Shaneen Allen in NJ as the PA woman had the gun on her and thought NJ had reciprocity with PA. If that had went to court, a Pro2A Juror can use the Jury Nullification to free her with out a guilty decision. Overall, as the word go around and if a Maryland law abiding citizen goes to court accidentally on the firearm charge, it is very much likely that person will to get off with a not guilty decision. Again, it will take some time to filter to everyone to try it.

    _______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,723
    Gaithersburg, Maryland
    Hi Everyone,

    Not sure if this was raised in a previous thread; however, I may have a long term ideal to get a Maryland Wear & Carry permit. Can we use "Jury Nullification" since the Maryland Legislators (some) and the courts are failing to act as self-defense without being threaten can be used as G&S reason? For example, talk and tell every Pro2A law biding citizen who will serve as a juror during a law abiding citizen gun trial to use "Jury Nullification" to let them off as not guilty. Everyone have a right to self-defense as this is natural law. I predict after a while, our law makers, police departments, and judges will feel a gun trial would be a waste of time as the law abiding citizen who want to protect oneself and family will get off anyway. Lets see how Frosh will like that. What you guys think?

    ____________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA



    The problem you have is too many of the 2A friendly people, here especially, don't want to serve on juries. Every time some body posts that they have been called for jury duty numerous members here tell about their favorite scheme to get out of jury duty.

    All it takes is one of us to get on a jury to cast the contrary vote.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    Sorry to burst your bubble but there is no mechanism for a jury trial on a petition for judicial review from the HPRB.
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    Sorry to burst your bubble but there is no mechanism for a jury trial on a petition for judicial review from the HPRB.

    Yeah you right Gryphon, that is really a shame. But, mainly I was referring to just speaking to fellow Pro2A attendees at the HPRB so if they happen to have jury duty on a case regarding a firearm being carry without a permit they already know what to do or can remember the conversation. More so like a word of mouth to start changing the culture since there is no help from our legislators and SCOTUS will be awhile hearing the case or worst if there will be a liberal new judge that decide for G&S type laws.

    ______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    Jury duty is more important than voting.

    At least you get a 1-in-12 chance of making a difference.

    Absolutely rob-cubed. It only take one....

    ______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,042
    How many cases like this have ever gone to trial in Md? Any?
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    The problem with this is the need to educate your fellow jurors, but also make it through the screening process.
     

    platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,149
    SouthOfBalto
    Yeah, no, yeah....would be great if you could summarize because WSJ has a paywall....yeah

    Forgot about the paywall. Try this link:
    http://www.marketwatch.com/story/isis-kill-lists-now-have-ordinary-americans-in-their-sights-2016-05-11

    “Islamic State has begun distributing increasingly long ‘kill lists’ of ordinary Americans purportedly encouraging its followers to target those individuals, vexing authorities who are at odds over whether the lists pose an actual threat or are merely scare tactics.

    A list distributed late last month contained the names of more than 2,000 New Yorkers, while another listed about 1,500 Texans. None of the people had known connections to government or to issues that the terror group cares about, according to counterterrorism officials.”
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Forgot about the paywall. Try this link:
    http://www.marketwatch.com/story/isis-kill-lists-now-have-ordinary-americans-in-their-sights-2016-05-11

    “Islamic State has begun distributing increasingly long ‘kill lists’ of ordinary Americans purportedly encouraging its followers to target those individuals, vexing authorities who are at odds over whether the lists pose an actual threat or are merely scare tactics.

    A list distributed late last month contained the names of more than 2,000 New Yorkers, while another listed about 1,500 Texans. None of the people had known connections to government or to issues that the terror group cares about, according to counterterrorism officials.”

    Orrrrrrrr.

    http://lmgtfy.com/?q=Islamic+State+‘Kill+Lists’+Grow+in+Length,+Targeting+Ordinary+Americans

    Then click first result.
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    16,959
    Damascus. MD
    First step in Jury Nullification (JN) is to pass a law requiring the jury to be briefed on JN as part of their instructions like a few other states have done. The problem with that is that JN is a direct assault on governmental rights. So Liberal states like MD will never pass or allow it. If you are on a jury and are overtly practicing JN, you will be excused/dismissed and an alternate brought it or possibly the entire trial will be a mistrial. If you do (and it is actually your duty as a good citizen) practice JN in Liberal states, it needs to be done covertly. Once you decide that a law or the penalty for breaking that law sucks, convince other jurists to acquit without them knowing the real reasons.
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    How many cases like this have ever gone to trial in Md? Any?

    That is a good question Jim12. It will take some researching, but I think once everyone is aware of it, the state legislators will pass the law to have W&C faster. It is the only thing left that the people such as you and I can do at this point. We need to take matters into our own hands legally instead of waiting for them or the courts.

    ______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    The problem with this is the need to educate your fellow jurors, but also make it through the screening process.

    Your right fightinbluhen51. It should start with this forum and educate pro2A folks everywhere; especially, the ones who want a Maryland W&C permit. I believe once we do that perhaps in a year time (if aggressive), chances are there will be a pro2A juror familiar with "JN" can let another pro2A person off the hook with an illegally W&C charge. After awhile, this will force MGA to change the laws from G&S requirements to include state reciprocity agreements. This is true power of the citizenry as this is what we have left if everything else fails.

    ______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    First step in Jury Nullification (JN) is to pass a law requiring the jury to be briefed on JN as part of their instructions like a few other states have done. The problem with that is that JN is a direct assault on governmental rights. So Liberal states like MD will never pass or allow it. If you are on a jury and are overtly practicing JN, you will be excused/dismissed and an alternate brought it or possibly the entire trial will be a mistrial. If you do (and it is actually your duty as a good citizen) practice JN in Liberal states, it needs to be done covertly. Once you decide that a law or the penalty for breaking that law sucks, convince other jurists to acquit without them knowing the real reasons.

    You hit it right on the nose gungate! What do you suggest to make every pro2A aware of it covertly? Our legislative is not working with us. Our court system is not working with us. Really we need to hope if Kolbe will be ruled in our favor let alone CCW in liberal states as SCOTUS is not taking these type of cases. JN is designed as a last power effort that the citizens have to defeat unconstitutional laws. It is our duty to ensure these laws to be removed to not hinder gun rights and anything else that is unconstitutional. Easy said than done, but this is a start.

    ______________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

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