Baltimore County AG rules stun gun ban unconstitutional post-Caetano.

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,366
    SoMD / West PA
    Having a judge declare the ban unconstitutional or the legislature repealing the law is better. A "County's attorney" opinion doesn't carry any weight.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Howard and Montgomery County do not have bans on stun guns/tasers.

    Howard County:
    Sec. 8.404. - Sale or possession of electronic weapons prohibited.

    (a)

    Prohibitions. It shall be unlawful for any person, firm or corporation to sell, give away, lend, rent or transfer to any individual, firm or corporation an electronic weapon within the limits of Howard County. It further shall be unlawful for any person to possess, fire, discharge or activate any electronic weapon within the limits of Howard County.

    https://www.municode.com/library/md...inances?nodeId=HOCOCO_TIT8CRMI_SUBTITLE_4WECO

    An electronic weapon is (8-400 (c)):

    Electronic weapon: Any instrument, "stun-gun," "TASER," or any similar device by whatever name which is designed as a weapon, capable of, or designed to be capable of, temporarily incapacitating another by the discharge of electrical current through projectile or nonprojectile means.

    I thought MoCo banned them as well, maybe I am wrong.
     

    Mr H

    Banana'd
    Howard and Montgomery County do not have bans on stun guns/tasers.

    Agree Montgomery doesn't ban them...

    Is Howard a recent change?? I saw none at the show this past weekend.

    The list, as I recall it:

    Baltimore City
    Baltimore County
    Howard County
    City of Annapolis
    Town of Ocean City

    Maybe one of the others involved in pushing the AACo change can help out...
     
    Last edited:

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    Having a judge declare the ban unconstitutional or the legislature repealing the law is better. A "County's attorney" opinion doesn't carry any weight.

    True, but this is a step in the right direction.

    There needs to be state-level preemption on this.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    I used up my free articles for the Washington Bleep. Is this actualy the County Attorney, or the States Attorney for Balt County?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Maybe this is an easy lawsuit with money for the plantiffs attached at the successful conclusion of the suit? Section 1983 fees?

    If the City truly stops enforcing the law then there is no threat of enforcement which is a requirement to have standing to pursue a lawsuit.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    If the City truly stops enforcing the law then there is no threat of enforcement which is a requirement to have standing to pursue a lawsuit.

    And what about those counties with the law still on the books that haven't said anything about non-enforcement? What's the fastest way to 1983 fees?

    If a lawsuit is filed against HoCo before any annoucement of non-enforcement, are 1983 fees still collectible?

    If so, it would seem to me that an enterprising attorney could get some money by simply being "quick on the draw". But IANAL, so I ask.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,266
    variable
    Having a judge declare the ban unconstitutional or the legislature repealing the law is better. A "County's attorney" opinion doesn't carry any weight.

    As lawyer to the county, is telling the commissioners to rescind the ordinance to avoid losing costly litigation.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    And what about those counties with the law still on the books that haven't said anything about non-enforcement? What's the fastest way to 1983 fees?

    If a lawsuit is filed against HoCo before any annoucement of non-enforcement, are 1983 fees still collectible?

    If so, it would seem to me that an enterprising attorney could get some money by simply being "quick on the draw". But IANAL, so I ask.

    Yes if you File a temporary restraining order with the complaint. You will be in front of a judge inside of a week. I did that when I challenged Hawaii's resident alien ban on firearm owership. We won that case in a couple weeks.
     

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