Please answer this for me.....

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  • Lalez

    Active Member
    BANNED!!!
    Feb 27, 2019
    206
    Russia
    "Maryland Handgun law has done nothing to stop criminals. And when caught in violation of every gun law Maryland has, the charges get dropped or go without penalty anyway.".....this was posted yesterday on Book of Face by a random.

    Is it true that these charges get dropped? Is that just a "only in Baltimore" they get dropped due to the local "persuasion" of that town, or should you Marylanders be concealed carrying everyday anyway since the prosecutor's are so lax?

    I'm generally curious to your opinions on this. If they are not prosecuted for illegally concealed carrying, I would take that as a sign everyone can conceal carry. If they do not prosecute Baltimore citizens, but prosecute some guy in Hagerstown or Frederick that's carrying and he isnt a felon, that should be some type of civil rights violation I would think.

    Thoughts?
     

    Sundazes

    My brain hurts
    MDS Supporter
    Nov 13, 2006
    21,301
    Arkham
    I believe it depends on your demographic. Young folks of color gets a slap on the wrist and is in the turnstile, just like an illegal alien. They get busted and ultimately plea out. They go back into society. Rinse, wash, repeat. The cops and law abiding citizens are helpless. If the AG keeps letting these criminal out, nothing will change.
    Middle aged white folks get the book thrown at them. You will be prosecuted for unlawful concealed carry.
    Baltimore is a corrupt sewer, as are the surrounding jurisdictions.

    Stay in Florida.
     

    Matlack

    Scribe
    Dec 15, 2008
    8,555
    Mostly, first offense the book thrown at you. Repeat, charges dropped and plea to the lowest possible offense.

    Difference is, regular offenders know how to get more. Us non criminals don't and won't. There is a reason repeat offenders have a laundry list of arrests, tons of convictions, and even more all charges dropped. In Baltimore the prosecutor publicly stated various laws won't be enforced.
     

    sig guy

    Member
    Feb 4, 2013
    55
    Edgemere MD
    It would accomplish nothing but you loosing your right to purchase a firearm in the state,its just an undercover gun control measure they have to remove citizens rights while at the same time they have no intention of enacting stiffer penalties for repeat and violent offenders,its as if they want you disarmed and left on the streets with them or as if they just lump us all into the same group.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    It is all about the Plea , and that is across our nation , they wheel & deal for the reduced charges . It is abused everywhere IMHO , in New York they are letting criminals out on no bail for most all cases and expect people to come back to face charges .Crazy stuff going on right now .
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    I saw first hand a guy from the country of Columbia walk after being charged with two loaded handguns and drugs in his car. As he and his attorney were leaving the court room they were fist bumping each other and laughing. The system is broke!
     

    JerseyMike

    Active Member
    Dec 16, 2019
    437
    Germantown
    Defense attorney here who practices in MD. These arguments about decisions to not prosecute gun crimes or violent crimes come from ignorance and people who have little to no understanding of what the criminal justice system looks like after an arrest.

    1) Constructive possession cases are extremely difficult to prove and from a defense perspective are a great candidate to take to trial.
    2) Cops also screw up a lot with illegal searches, and guess what? Baltimore cops are some of the worst when it comes to 4th amendment violations. What does this mean? A lot of searches that uncovered illegal firearms will get thrown out, leading to dismissal of those charges.
    3) The criminal justice system is extremely crowded and there are a serious lack of resources (judicial, prosecutorial and public defender). This means that it simply is not feasible to take all cases to trial, and neither side wants to do that due to risk and lack of resources. I’ll ballpark the number but somewhere around 95% of criminal cases end in a guilty plea.

    So no, it’s not due to some conspiracy or corrupt government trying to protect racial minorities or immigrants who don’t have legal status. It’s unfortunately due to a much more complicated problem that can’t be solved with empty rhetoric that suggests harsher mandatory minimums and removing prosecutorial discretion.

    And no, you should not carry a gun without the proper license to do so. Is MD’s policy regarding concealed carry ridiculous, overly burdensome on legal gun owners and unconstitutional? Yes. Is it crazy that criminals run around with guns but law abiding citizens don’t because they generally aren’t special enough in the legislature’s eyes? Yep. Does it seem to be an “elitist” system? Yeh, kind of does but in my opinion it’s not the best way to frame it.
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    I saw first hand a guy from the country of Columbia walk after being charged with two loaded handguns and drugs in his car. As he and his attorney were leaving the court room they were fist bumping each other and laughing. The system is broke!

    Reminds me of a kid that made the news in the city. A 14 year old was arrested for a handgun charge, but the kicker was that it was the 2nd time in 2 weeks he was found with a gun. How is that even possible?
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    Defense attorney here who practices in MD. These arguments about decisions to not prosecute gun crimes or violent crimes come from ignorance and people who have little to no understanding of what the criminal justice system looks like after an arrest.

    1) Constructive possession cases are extremely difficult to prove and from a defense perspective are a great candidate to take to trial.
    2) Cops also screw up a lot with illegal searches, and guess what? Baltimore cops are some of the worst when it comes to 4th amendment violations. What does this mean? A lot of searches that uncovered illegal firearms will get thrown out, leading to dismissal of those charges.
    3) The criminal justice system is extremely crowded and there are a serious lack of resources (judicial, prosecutorial and public defender). This means that it simply is not feasible to take all cases to trial, and neither side wants to do that due to risk and lack of resources. I’ll ballpark the number but somewhere around 95% of criminal cases end in a guilty plea.

    So no, it’s not due to some conspiracy or corrupt government trying to protect racial minorities or immigrants who don’t have legal status. It’s unfortunately due to a much more complicated problem that can’t be solved with empty rhetoric that suggests harsher mandatory minimums and removing prosecutorial discretion.

    And no, you should not carry a gun without the proper license to do so. Is MD’s policy regarding concealed carry ridiculous, overly burdensome on legal gun owners and unconstitutional? Yes. Is it crazy that criminals run around with guns but law abiding citizens don’t because they generally aren’t special enough in the legislature’s eyes? Yep. Does it seem to be an “elitist” system? Yeh, kind of does but in my opinion it’s not the best way to frame it.

    Do you agree with the following statement: A white senior citizen in Baltimore City gets arrested for illegally carrying for self defense will go to trail and get max or close to max sentence.
     

    JerseyMike

    Active Member
    Dec 16, 2019
    437
    Germantown
    Do you agree with the following statement: A white senior citizen in Baltimore City gets arrested for illegally carrying for self defense will go to trail and get max or close to max sentence.

    Insufficient facts to form an opinion on the case since I have no relevant details other than an individual was arrested for illegally carrying a firearm.
     

    fred55

    Senior
    Aug 24, 2016
    1,772
    Spotsylvania Co. VA
    Reminds me of a kid that made the news in the city. A 14 year old was arrested for a handgun charge, but the kicker was that it was the 2nd time in 2 weeks he was found with a gun. How is that even possible?

    The one gun a month law does not apply to 14 year olds, or he has a collectors letter. fred55
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Someone who claims to be from Florida with a low post count (8) says we should carry based on the internet rumor people are not prosecuted. All during the height of the legislative session.

    Why feed the troll?
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,282
    HoCo
    Defense attorney here who practices in MD. These arguments about decisions to not prosecute gun crimes or violent crimes come from ignorance and people who have little to no understanding of what the criminal justice system looks like after an arrest.

    1) Constructive possession cases are extremely difficult to prove and from a defense perspective are a great candidate to take to trial.
    2) Cops also screw up a lot with illegal searches, and guess what? Baltimore cops are some of the worst when it comes to 4th amendment violations. What does this mean? A lot of searches that uncovered illegal firearms will get thrown out, leading to dismissal of those charges.
    3) The criminal justice system is extremely crowded and there are a serious lack of resources (judicial, prosecutorial and public defender). This means that it simply is not feasible to take all cases to trial, and neither side wants to do that due to risk and lack of resources. I’ll ballpark the number but somewhere around 95% of criminal cases end in a guilty plea.

    So no, it’s not due to some conspiracy or corrupt government trying to protect racial minorities or immigrants who don’t have legal status. It’s unfortunately due to a much more complicated problem that can’t be solved with empty rhetoric that suggests harsher mandatory minimums and removing prosecutorial discretion.

    And no, you should not carry a gun without the proper license to do so. Is MD’s policy regarding concealed carry ridiculous, overly burdensome on legal gun owners and unconstitutional? Yes. Is it crazy that criminals run around with guns but law abiding citizens don’t because they generally aren’t special enough in the legislature’s eyes? Yep. Does it seem to be an “elitist” system? Yeh, kind of does but in my opinion it’s not the best way to frame it.

    do the people who get arrested for illegally carrying a firearm end up getting a guilty plea on a lesser charge? Is it often or less often a charge that turns them into a prohibited person if they were not already?
     

    DivingDriver

    Ultimate Member
    MDS Supporter
    Jan 14, 2016
    1,514
    Nanjemoy MD
    One of my neighbors dad who lives in the LaPlata area was arrested for having a handgun in his truck loaded with a mag in it. He's in his late seventies and has stated to me on occasions that he keeps it there for self protection. He is a former Marine and knows how to handle weapons so it's not like there is a threat to the public. The story leading up to him being charged was some youts approached him while he was in his truck in a threatening way and he put the gun on the dash, they left and he went home. Unbeknownst to him they followed him to his house and called the police on him. After the cops heard his side of the story they put the cuffs on him and off to the pokey he went. Now mind you no weapon was discharged and he feared for his personal safety in his statement to the officer. Well he's had three court appearances so far and another one scheduled. Don't know how much he's spent on lawyers but I'm sure it's a pretty penny. He lives not too far from where this happened and this is an area that is known for drug dealing and to get to his house he had to drive thru the area. So the druggies walk free, he's fighting in court to stay out of jail and I'm pretty sure he just screwed up his ability to ever own a gun. Oh I forgot, when I asked him why didn't he just lie to the police about having the gun he said he wasn't going to lie to the police because a man is only good as his word. In retrospect he should have bought a half oz of pot and the cops would have arrested him, dropped the gun charge charged him with a misdemeanor and suspended the six month incarceration. And he would be over and done with this foolishness.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Defense attorney here who practices in MD. These arguments about decisions to not prosecute gun crimes or violent crimes come from ignorance and people who have little to no understanding of what the criminal justice system looks like after an arrest.

    1) Constructive possession cases are extremely difficult to prove and from a defense perspective are a great candidate to take to trial.
    2) Cops also screw up a lot with illegal searches, and guess what? Baltimore cops are some of the worst when it comes to 4th amendment violations. What does this mean? A lot of searches that uncovered illegal firearms will get thrown out, leading to dismissal of those charges.
    3) The criminal justice system is extremely crowded and there are a serious lack of resources (judicial, prosecutorial and public defender). This means that it simply is not feasible to take all cases to trial, and neither side wants to do that due to risk and lack of resources. I’ll ballpark the number but somewhere around 95% of criminal cases end in a guilty plea.

    So no, it’s not due to some conspiracy or corrupt government trying to protect racial minorities or immigrants who don’t have legal status. It’s unfortunately due to a much more complicated problem that can’t be solved with empty rhetoric that suggests harsher mandatory minimums and removing prosecutorial discretion.

    And no, you should not carry a gun without the proper license to do so. Is MD’s policy regarding concealed carry ridiculous, overly burdensome on legal gun owners and unconstitutional? Yes. Is it crazy that criminals run around with guns but law abiding citizens don’t because they generally aren’t special enough in the legislature’s eyes? Yep. Does it seem to be an “elitist” system? Yeh, kind of does but in my opinion it’s not the best way to frame it.

    I'm going to accept your statement at face value because I have no facts available to support or refudiate them.

    Legislature repeatedly proposes new laws which restrict 2A rights of all Maryland residents. The stated reason is to reduce the volume of violence committed with firearms. Given a portion of the violence occurs within urban areas of Maryland, and given your statement above regarding ther state of the judiciary in those areas, how can additional laws be expected to reduce the violence from occurring? Perhaps the correct response is to expand the capacity of the judiciary in overburdened areas.
     

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