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Old January 16th, 2019, 09:32 AM #11
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This link is all bills tagged "gun" in the "narrow subject".

http://mgaleg.maryland.gov/webmga/fr...b=01&ys=2019RS

Always up to date!
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Old January 16th, 2019, 09:35 AM #12
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Even if the state won't deny you but the Feds will
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Old January 24th, 2019, 03:40 PM #13
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updated with dumass's bills.
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Old January 26th, 2019, 09:36 AM #14
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Howdy, All. Yesterday I saw that the Repeat Firearms Offender Act had been proposed in the Maryland House and the Senate. The link to the proposed legislation is here: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0236F.pdf. I posted the following in an inappropriate string, so I'm going to put it here where I think it should go. Bear with me, my skills aren't great in this stuff.

The proposed law is interesting in that it stipulates minimum sentencing times of five to ten years for those using firearms in the commission of a "crime of violence" or a "felony" as defined by Maryland law. On its face it allows the law to put away violent criminals (who use firearms during the commission of their felonies) for five or more years, and it limits judicial ability to reduce the sentence (I think.)

But- I am not sure about the extent of the Maryland definition of felony, though. For example, if the legislature passes legislation this year that says mere possession of X type of magazine or firearm is a felony in itself, could this proposed legislation expose many currently lawful firearm owners to considerable risk? That is, possession of X is a commissioned felony, and oh, btw, the possession of X also happens to mean that the charged person is deemed to have used X is the commission of the original felony of possession. Therefore, five years, and no sentence reduction possible. This is close to double jeopardy, but in Maryland I have no doubt some prosecutors would try to do this.

I'm not a lawyer, but is this initial assessment anything close to correct? Because if it is and this legislation passes along with other laws restricting possession of X, whatever that may be, = not good. One could be a legal firearm owner today, a law abiding, non-violent person and could then become a felon in October, with a risk of a minimum of five years for that act of possessing what is legal today.


For purposes of my comment, I'm more concerned about how this law could be used against those who legally own and possess X firearm today and who are also NOT using them in criminal endeavors (i.e. law abiding firearm owners,) and if that legal ownership or possession could be construed as a felony later this year. A felony with a minimum sentence of five years. I just don't know enough about local law to determine if this is a possible or likely scenario.

Thoughts, anyone? And pardon my ignorance if I'm reading this one incorrectly.
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Old January 26th, 2019, 09:54 AM #15
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Huh, so we'll still have the HQL requirement...I'm surprised - NOT!
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Old January 26th, 2019, 10:10 AM #16
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Quote:
Originally Posted by Some Guy View Post
Howdy, All. Yesterday I saw that the Repeat Firearms Offender Act had been proposed in the Maryland House and the Senate. The link to the proposed legislation is here: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0236F.pdf. I posted the following in an inappropriate string, so I'm going to put it here where I think it should go. Bear with me, my skills aren't great in this stuff.

The proposed law is interesting in that it stipulates minimum sentencing times of five to ten years for those using firearms in the commission of a "crime of violence" or a "felony" as defined by Maryland law. On its face it allows the law to put away violent criminals (who use firearms during the commission of their felonies) for five or more years, and it limits judicial ability to reduce the sentence (I think.)

But- I am not sure about the extent of the Maryland definition of felony, though. For example, if the legislature passes legislation this year that says mere possession of X type of magazine or firearm is a felony in itself, could this proposed legislation expose many currently lawful firearm owners to considerable risk? That is, possession of X is a commissioned felony, and oh, btw, the possession of X also happens to mean that the charged person is deemed to have used X is the commission of the original felony of possession. Therefore, five years, and no sentence reduction possible. This is close to double jeopardy, but in Maryland I have no doubt some prosecutors would try to do this.

I'm not a lawyer, but is this initial assessment anything close to correct? Because if it is and this legislation passes along with other laws restricting possession of X, whatever that may be, = not good. One could be a legal firearm owner today, a law abiding, non-violent person and could then become a felon in October, with a risk of a minimum of five years for that act of possessing what is legal today.


For purposes of my comment, I'm more concerned about how this law could be used against those who legally own and possess X firearm today and who are also NOT using them in criminal endeavors (i.e. law abiding firearm owners,) and if that legal ownership or possession could be construed as a felony later this year. A felony with a minimum sentence of five years. I just don't know enough about local law to determine if this is a possible or likely scenario.

Thoughts, anyone? And pardon my ignorance if I'm reading this one incorrectly.
Yeah. It would be nice for them to cut out the tool used and just make the crime of violence the thing that people are given the sentence for. If I'm killed, it doesn't really matter if I am killed by bullets or a blade. Dead is dead. Same goes for robbery, attempted murder, rape... making the tool used the factor for sentencing rather than the act makes no sense to me.
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Old January 26th, 2019, 12:21 PM #17
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I agree. The method or manner or device employed in the commission of a violent crime or felony is irrelevant. The act itself is what should be adjudicated. I lean towards opposing this legislation based on that logic. Plus as written I think it could put many lawful and peaceful firearm owners at substantial risk in the future if possession laws change.


Thanks for the input.
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Old January 26th, 2019, 04:35 PM #18
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Quote:
Originally Posted by Some Guy View Post
Howdy, All. Yesterday I saw that the Repeat Firearms Offender Act had been proposed in the Maryland House and the Senate. The link to the proposed legislation is here: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0236F.pdf. I posted the following in an inappropriate string, so I'm going to put it here where I think it should go. Bear with me, my skills aren't great in this stuff.

The proposed law is interesting in that it stipulates minimum sentencing times of five to ten years for those using firearms in the commission of a "crime of violence" or a "felony" as defined by Maryland law. On its face it allows the law to put away violent criminals (who use firearms during the commission of their felonies) for five or more years, and it limits judicial ability to reduce the sentence (I think.)

But- I am not sure about the extent of the Maryland definition of felony, though. For example, if the legislature passes legislation this year that says mere possession of X type of magazine or firearm is a felony in itself, could this proposed legislation expose many currently lawful firearm owners to considerable risk? That is, possession of X is a commissioned felony, and oh, btw, the possession of X also happens to mean that the charged person is deemed to have used X is the commission of the original felony of possession. Therefore, five years, and no sentence reduction possible. This is close to double jeopardy, but in Maryland I have no doubt some prosecutors would try to do this.

I'm not a lawyer, but is this initial assessment anything close to correct? Because if it is and this legislation passes along with other laws restricting possession of X, whatever that may be, = not good. One could be a legal firearm owner today, a law abiding, non-violent person and could then become a felon in October, with a risk of a minimum of five years for that act of possessing what is legal today.


For purposes of my comment, I'm more concerned about how this law could be used against those who legally own and possess X firearm today and who are also NOT using them in criminal endeavors (i.e. law abiding firearm owners,) and if that legal ownership or possession could be construed as a felony later this year. A felony with a minimum sentence of five years. I just don't know enough about local law to determine if this is a possible or likely scenario.

Thoughts, anyone? And pardon my ignorance if I'm reading this one incorrectly.

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Thus, the only inquiry that this Court should conduct is to determine whether the firearms prohibited by the Act are protected by the Second Amendment. Because they are, the Act is simply unconstitutional.
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Old January 26th, 2019, 08:00 PM #19
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Quote:
Originally Posted by smokey0118 View Post
Yeah. It would be nice for them to cut out the tool used and just make the crime of violence the thing that people are given the sentence for. If I'm killed, it doesn't really matter if I am killed by bullets or a blade. Dead is dead. Same goes for robbery, attempted murder, rape... making the tool used the factor for sentencing rather than the act makes no sense to me.
But if they didn't direct it toward EBIL GUNZ instead of the crime itself, then the Currans would be displeased and Bloomberg wouldn't fill their PACs with "donations."
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Old January 27th, 2019, 04:56 PM #20
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Best info source I have found:

https://mtwashingtonrg.org/legislative-information-2-2/

Always accurate and up to date.
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