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  • IDFInfantry

    Banned
    BANNED!!!
    Feb 21, 2013
    926
    Nomad
    Many years ago my wife and I were having a rough time during our relationship. It was after we had our second child. During that time we both agreed it was time to see a relationship counselor. During are discussions with the counselor she brought up guns and attempted to use it against me. She also brought up that I watch "violent" hunting shows. I do enjoy Deer Hunting and Fishing shows and I won't apologize for it. I grew up fishing the lakes of Northern Wisconsin! Luckily this relationship professional mentioned that there is nothing illegal about having / owning guns. I could easily see this going the other way and having an overzealous health professional petition to have a persons guns removed for whatever reason. Say they don't agree with your politics. I'm still baffled as to how any of this crap remains legal for anyone to use as a tool against those they deem to be their political enemies or otherwise.

    https://mdpsych.org/2018/12/marylands-erpo-red-flag-law/

    That being said I'd venture a guess that there are close to or over 300 ERPO's that have been filed already! Keep in mind that really anyone could be 1302'd for any reason and at any time. I don't think there is a statute of limitations for when someone has to file one of these by but I could be wrong. Could someone file an ERPO for something that happened weeks, months or years prior?
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    The way I see it, as long as the police can submit an ERPO anyone can essentially have your guns confiscated. Lets say you get into an argument with a neighbor and the police are called. While interviewing the neighbor, the officer enquires about firearms. Your neighbor knows that you hunt or has seen you loading your car with firearms to go to the range.

    Isn't that a situation that COULD be used to have an ERPO filed against you? Since the police are acting out of concern for you or your neighbor, what's stopping the police officer from applying for the order and getting it? They may be acting on the information of someone not listed in the law, but since they can get the ERPO themselves, what's to stop this kind of thing from happening?
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,249
    Davidsonville
    Yup, bag lady!
    No officer would want it on record they did not act on such info. At least I don’t think. Same may go for the judge approving these things.

    Due process.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Yup, bag lady!
    No officer would want it on record they did not act on such info. At least I don’t think. Same may go for the judge approving these things.

    Due process.

    yes.

    The Fifth Amendment’s Due Process Clause has two prongs, one procedural and one substantive. Procedural due process encompasses the process by which legal proceedings are conducted. It requires that all persons who are materially affected by a legal proceeding receive notice of its time, place, and subject matter so that they have an adequate opportunity to prepare.

    It also requires that legal proceedings be conducted in a fair manner by an impartial judge who will allow the interested parties to fully present their complaints, grievances, and defenses. The procedural prong of the Due Process Clause governs civil, criminal, and administrative proceedings from the pretrial stage through final appeal, and proceedings that produce arbitrary or capricious results will be overturned as unconstitutional.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,397
    I am afraid that the spark and fire that made America no longer burns.

    People say this isn’t the America they grew up in

    Now I say these aren’t the Americans I grew up with.

    The VAST majority no longer questions authority, they just go along with it “ until a higher authority steps in”

    Hogan and the MGA could pass a law this session calling for confiscation of firearms and many here will say it’s ok, let’s wait on the Supreme Court to say otherwise so go ahead and give the nice cop your guns and later on when it gets worked out you’ll get them back.

    Listening to many , if not most, here I fear md is lost, all I can hope for now is that those in free America will hold the line before the 2a is lost

    I would not say that...

    But how again... is that any different from those who did say that... it would be better to allow a Socialist to be elected and let the state go completely anti 2A... so that we could see it go to the SCOTUS?
     

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    3,037
    Napolis-ish
    The sad truth is it didn't matter who was elected Governor in ten years the state would look exactly the same. Some even stated that there would be some other "R's" to be elected because of hogan, but alas MD is even bluer now then before. So yes the other guy would have hastened the "progress" the facts are in ten years Md will still be at the same place do to what everyone says about the state, demographics.

    And no the fed's aren't coming to help, ask the states that wanted to cut off funds to Planned Parenthood.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,249
    Davidsonville
    When might we know which cases SCOTUS hears in a given time period?

    If I stay in MD for 3 more years I will either have no more firearms or I’ll be able to pass the BAR exam ugh.
     

    TexDefender

    Ultimate Member
    Feb 28, 2017
    1,572
    When might we know which cases SCOTUS hears in a given time period?

    If I stay in MD for 3 more years I will either have no more firearms or I’ll be able to pass the BAR exam ugh.

    Well look in the bright side. If you pass the exam you could make a lot of money and then be able to leave Maryland and still be able to buy more firearms than you had before! :D
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,249
    Davidsonville
    Well look in the bright side. If you pass the exam you could make a lot of money and then be able to leave Maryland and still be able to buy more firearms than you had before! :D



    Or I could run for office and take firearms from Marylanders. Easy job?

    “We were told to vote for it” I believe that is a quote from the voting on this law!
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,145
    southern md
    I would not say that...

    But how again... is that any different from those who did say that... it would be better to allow a Socialist to be elected and let the state go completely anti 2A... so that we could see it go to the SCOTUS?

    It made no difference who one voted for this election, the results are the same, an anti gun democrat in the governors mansion

    And by the end of Hogan’s second term md will be New Jersey , if we are lucky, and we 2a supporters will all either be disarmed or felons

    I wish I could see it differently but hogan wants more common sense gun control and strengthening 1302 starting this session, do you think that means he’s giving us some of our rights backs?
     

    basscat

    Ultimate Member
    Jul 23, 2012
    1,397
    It made no difference who one voted for this election, the results are the same, an anti gun democrat in the governors mansion

    And by the end of Hogan’s second term md will be New Jersey , if we are lucky, and we 2a supporters will all either be disarmed or felons

    I wish I could see it differently but hogan wants more common sense gun control and strengthening 1302 starting this session, do you think that means he’s giving us some of our rights backs?

    Exactly
     

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    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Ok, so he won. Are we to anticipate he will do something about our rights now that he is a lame duck?

    Absolutely not. He didn't attend a WH meeting of governors, where many of them were critical of President Trump. I doubt he will have a change of heart now.

    Hold onto your boots, it's going to get pretty ugly for most of us on this forum.
     

    Batt816

    Ultimate Member
    MDS Supporter
    Dec 1, 2018
    4,095
    Eastern Shore
    They must somewhat approve of him since he received a passing grade last time. It's amazing to me that he didn't receive an F. I guess he got a learning curve.

    :rolleyes:

    You would think NRA would be turning up the pressure now that he won. I guess since he is a lame duck they kinda lost their leverage also.
     

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