20190314 - HB786 JUD Amendments

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  • mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,285
    If there is any good news, it looks like the HQL review board bill didn't cross over so really only two bills left to focus on in senate, 740 & 786.
     

    Lloyd

    Ultimate Member
    Mar 20, 2012
    1,106
    FEMA Camp
    Good one, Lloyd. This is the free state, don'tcha know?

    Well I know I won't ever be in that situation, but I also know mistakes happen. What I then suggest is that you politely refrain from discussing your day, and if it goes beyond that, which it will, you keep your mouth shut like the well trained political prisoner and let your lawyer do all of the talking.

    Or you can do it your way...I don't care, you do you.

    IANAL either

    .
     

    Malleovic

    Active Member
    Apr 21, 2017
    193
    Maryland
    If there is any good news, it looks like the HQL review board bill didn't cross over so really only two bills left to focus on in senate, 740 & 786.

    They can ram it through if they want to. Leadership can put enough pressure on Rules to get late (post-crossover) bills pushed through and into requisite committees.

    All depends on how bad they want it.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,903
    If there is any good news, it looks like the HQL review board bill didn't cross over so really only two bills left to focus on in senate, 740 & 786.

    I don't see the GA tossing the HPRB out; it provides several months' worth of infringement that the appellant has to go through before MSP automatically shuttles him to a hearing with an administrative law judge.

    The only party really interested in ditching the HPRB is Bloomberg's Cat Ladies, Hogan's Redshirts.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    In case anyone missed it, Frosh got pwned in 4th circuit court today.

    This is what is going to happen when MD carry permit scheme hits the Supreme Court. MD legislature will be making a massive donation to all of our favorite groups when (not if) MD loses to pay for legal fees.

    The HPRB will go away soon, just not the way Frosh and his lackeys think it will - more like in front of a hostile 4th circuit court. Moms can stomp and demand whatever they want, but Bloomberg does not even have the courage to run for President himself, so who cares.

    Be sure to remind your delegates of this. With the New York case in front of the Supreme Court in Oct, chances are high this will all go down before their next election.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,853
    Somewhere in MD
    If there is any good news, it looks like the HQL review board bill didn't cross over so really only two bills left to focus on in senate, 740 & 786.

    Chief - just a cautionary reminder - unless a bill is voted unfavorable in committee or voted down on the floor, anything can happen between now and Sine Die.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,165
    南馬里蘭州鮑伊
    I don't see the GA tossing the HPRB out; it provides several months' worth of infringement that the appellant has to go through before MSP automatically shuttles him to a hearing with an administrative law judge.

    The only party really interested in ditching the HPRB is Bloomberg's Cat Ladies, Hogan's Redshirts.

    Actually I suspect that Bloomberg and his Red Trolls couldn't care less about the HPRB. That's Jumpin' Jenny's hill to die on, and the Big Reds will let her. They really don't care very much about a p1ss-ant, nearly neutered board in a deep blue state.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    Could you clarify? I know that bills have moved out of Rules in the past very late in the session. It's been a while since I was in this particular loop. Perhaps the bills I referenced came out of a particular house after crossover day?

    If the bills make 1st reading by the bill introduction date (27th Legislative day in the Senate and 31st Legislative day in the House), then no rules committee for them, and they are assigned to the committee responsible for the section of Maryland annotated code, the bill is trying to affect.

    If a bill does not make 1st reader by bill introduction day, then it must go to respective rules committee to be passed on to committee. Again they are assigned to the committee responsible for the section of Maryland annotated code the bill is trying to affect.

    If a bill crosses over before crossover day, then it gets treated just a bill passed by bill introduction day in its originating house. If a bill crosses over after crossover day, then they go to the respective rules committee to be voted on and either passed on to 1st Reader and it's respective committee or it dies.

    In all of the above cases, neither Bush nor Miller can have the bill "assigned to any committee they wish", since each committee is responsible for set sections of the Maryland annotated code.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,724
    And no one knows how aggressive MD might be in a prosecution for a stop on the way or returning from.

    I tend to think a stop for gas or food would be looked at differently than going to the mall on the
    way to or returning from from

    But IANAL and this is MD

    First you’d have to do something that would get police to search your vehicle or person (if you had it on you). If it had risen to the level of a reasonable search, likely you are in deep crap already. Then you’d need a DA who’d want to prosecute. Then a jury who’d be willing to convict.

    But let’s face it, many of those intermediate stops are costing your time, money and some amount of freedom along the way.

    Would I stop for gas if I needed to? Yes. But yeah, I am not going to swing by the grocery store to pick up a few items when my wife calls me when I am at the range. I am also going to try to be delivery to avoid needing to stop. Which means if I am going to the range for a few hours, I’ll bring a couple of snack bars and a canteen and take a piss in the club house before driving home rather than have to stop to take a leak or grab something to eat.

    I’ll also try to avoid needing to get gas if I can reasonably help it.

    I think if you can easily prove you were going hunting or shooting, gunsmith, etc. then I doubt a DA would even try to prosecute you and I can’t imagine a jury convicting you. But the more off the explicit exceptions you go, the more likely it is you’ll get your butt nailed if you ever were discovered to be transporting a handgun.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    I think if a bill has not made it over to the other house by the end of crossover,
    for it to move through that chamber it will need to go to Rules first (because it is late), then onto whichever committee is responsible. I.E. Rules could kill it before it even got that far. More hurdles.

    Pretty much, yes.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    They can ram it through if they want to. Leadership can put enough pressure on Rules to get late (post-crossover) bills pushed through and into requisite committees.

    All depends on how bad they want it.

    Yep, no bill is truely dead until midnight on Sine Die.
     

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,233
    Frederick County
    Nowhere in the law does it say stopping for food or fuel is illegal with regard to transporting a handgun to/from a range or gun shop.
    <heavy sigh>
    I know. But the opening section of 4-203 expressly prohibits ALL transport of handguns, except for "the following circumstances." That's where the problem lies. They don't provide a list of prohibitions, they prohibit everything and provide a list of exceptions.
    You are welcome to think that the DA's office is full of reasonable prosecutors, but I'm willing to bet there's at least one ladder-climbing Frosh-wannabe who will aggressively pursue a platform based on "you made a trip from your house to the gas station, where you were arrested by Officer Friendly. 'To the gas station' is not a permitted destination per 4-203 (People's Exhibit 1). Your intentions beyond that are irrelevant."

    Good luck if your car breaks down or is in an accident, and you are forced to divert by circumstances beyond your control. Your SO brings the minivan to retrieve you. A see-something say-something passer-by drops a dime on you, because gunz. You never made it to the range. Transporting from <$CURBSIDE_LOCATION> to your residence is also not on the approved reasons list. And to top it off, your SO is now implicated.

    Yay Maryland!
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,686
    Columbia
    Find me one case where someone was someone was arrested or prosecuted for transporting a handgun illegally because they stopped for gas or food to/from the range. My guess is you can’t. You do it your way, I’ll do it mine. I refuse to submit to BGOS.


    Sent from my iPhone using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    There is no case law on this. That’s why the forum is always full of spirited discussion on this topic.

    It is a personal decision on how to proceed based on how much risk you are willing to assume.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,450
    White Marsh
    If the bills make 1st reading by the bill introduction date (27th Legislative day in the Senate and 31st Legislative day in the House), then no rules committee for them, and they are assigned to the committee responsible for the section of Maryland annotated code, the bill is trying to affect.

    If a bill does not make 1st reader by bill introduction day, then it must go to respective rules committee to be passed on to committee. Again they are assigned to the committee responsible for the section of Maryland annotated code the bill is trying to affect.

    If a bill crosses over before crossover day, then it gets treated just a bill passed by bill introduction day in its originating house. If a bill crosses over after crossover day, then they go to the respective rules committee to be voted on and either passed on to 1st Reader and it's respective committee or it dies.

    In all of the above cases, neither Bush nor Miller can have the bill "assigned to any committee they wish", since each committee is responsible for set sections of the Maryland annotated code.

    Many thanks for education/refresher. :thumbsup:
     

    ziptiespec

    Active Member
    I have a question about the most appropriate action to take in regards to this bill as well as the others that have crossed over. Yesterday I received an e-mail from NRA-ILA urging me to contact my state senator. This morning, while driving to work, I did just that. The nice lady that I spoke with informed me that the senator isn't on the committee currently reviewing the bill, but she'd take note of my opinion. I'm not concerned about how my senator will vote as she's supported the 2A unfailingly in the past. I do question the efficacy of the NRA-ILA's call to action however. Isn't it more effective to be contacting the members of the committee where the bill is currently being reviewed?
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,853
    Somewhere in MD
    doesn't the collectors letter give you a bit of leeway here?

    The only purpose of the Designated Collector letter is to show that you have begged permission from MSP to be permitted to purchase more than one regulated firearm in any given 30-day cycle of time.
     

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