2011 Disqualifying crime changes are being enforced retroactively

[bpSchoch]

There is some interesting case law being developed in area in various circuits. See Glik and ACLU attached from the 1st and 7th Circuits and cases cited therein.

I learned something from the ACLU document and that is the concept of a 'pre-enforcement suit'.

Briefly, I want to do an activity that I believe is constitutionally protected but there is this statute that seems to prohibit it and because of this I' now asking the court to give me a ruling on this by the way of injunction to prevent state from enforcing the prohibited activity. I do this via a 'pre-enforcement suit'.

This is an interesting concept and I wonder why we don't use this to test some of Marylands new anti-2a laws?

In regards to the first amended, it seems someone could 'fly the flag' and file a similar lawsuit in the 4th district to challenge/clarify the Maryland wiretap law using the exact line of reasoning as the ACLU.

 

[zoostation]

I'll be very honest, I don't think you'll ever see this so-called "wiretapping" law in Maryland rewritten. The best you can hope for is binding court precedent coming from somewhere, either a MD appellate court or the Fourth Circuit. I doubt it's police encounters that they are worried about downtown when anyone brings up re-writing that law to carve out exemptions relating to recording public servants engaged in their duties. The law as I recall was passed during the 1970's in the midst of a number of politicians going to jail, largely on cases built from recorded evidence of corruption. The fact they even made it a felony should give you an idea how worried some people were about hidden recorders. I think there are a lot of politicians in Annapolis who continue to like the law just fine as all-encompassing as it is.

 

[bpSchoch]

An interesting article on Ex Post Facto and 'takings'. It is interesting as regards to the new 'additional' punishment that the new law adds to past 'crimes' of certain people. The state would argue that it's not new punishment.

http://www.heritage.org/constitution/#!/articles/1/essays/63/ex-post-facto

 

[K31]

The law as I recall was passed during the 1970's in the midst of a number of politicians going to jail, largely on cases built from recorded evidence of corruption. The fact they even made it a felony should give you an idea how worried some people were about hidden recorders.

I recall Ron Smith said this came about because of ABSCAM.

 

[Brooklyn]

I recall Ron Smith said this came about because of ABSCAM.

Lucky for us NSA is on it..

Imagine the leaks coming our way..

 

[bpSchoch]

There is some interesting case law being developed in area in various circuits. See Glik and ACLU attached from the 1st and 7th Circuits and cases cited therein.

Recommend set of guidelines from DOJ to police departments regarding citizens video-taping them.

http://static.photographyisnotacrime.com/wp-content/uploads/2013/02/USDOJ-on-recording-cops.pdf

It comes from this article:
http://photographyisnotacrime.com/2013/06/20/ten-rules-for-recording-cops/

 

[2SAM22]

also there is a new law of oct 2013 if you had a conviction or pbj that has an punishment of more than 2years jail time you can not get a hand gun today

The part that is new is the PBJ. Prior to 10/1 PBJ, because it wasnt a conviction, didn't affect firearms ownership.

 

[bullett67]

Ex's can be evil! I'm trying to buy my first handgun and the way things are sounding I'm not sure if I'll be OK.About 20+ years ago my now ex wife put a restraining order on me. I can't remember how everything went down and neither can she. All I remember is going to court, I had no lawyer, she had one who stopped me in the hall before we went in and was telling me that if I didn't agree with her on their evil process that they will get me with this and that. I said whatever and just agreed with them and told the judge I'd gladly stay away from her if she stays away from me! About a month later we were back in court so she could give me custody of my kids. So I had my children with no place to live and no way to work because she got the house and my car. Thankfully my parents helped us out until I got back on my feet. Sorry for the long of it but a man doesn't stand a chance against a woman in MD! Oh by the way I never laid a hand on her and that's the Gods honest truth! My record is good besides that, as for hers?...8 dui's assault, b&e and on hubby #3. Oh yea and the pot, and I could go on but I won't. Sry, had to vent!!!

 

[camobob]

What a sad thread. What is a constitutional right if it can be taken at any time for any reason? Arms, privacy, and property are at the discretion of the state. I'm really not an alarmist but I'm not a denier either. We are in serious trouble.

 

[ObsceneJesster]

If your story is in fact true, I feel sorry for you and your ex is a cold hard bitch. If she did this, she will get hers some day. I hope you can fix your relationship with your daughter although I'm sure your ex has brain washed her over the last 5 years.

Have you thought about moving to another state? I have a feeling, that is going to be your only option if you ever again want to practice your second amendment rights.

Sent with a Gen 2 Nexus 7

 

[2dogsbarking]

If your story is in fact true, I feel sorry for you and your ex is a cold hard bitch. If she did this, she will get hers some day. I hope you can fix your relationship with your daughter although I'm sure your ex has brain washed her over the last 5 years.

Have you thought about moving to another state? I have a feeling, that is going to be your only option if you ever again want to practice your second amendment rights.

Sent with a Gen 2 Nexus 7

Concerning my X, my only comfort is that I"ll outlive her due to natural causes. Both sides of my family all live into their late 80s (My grandfater was born in 1877 and lived to 92. My mother passed away 2 years ago at 99). She however, inherited her now dead father’s (at age 52)s hypertension, smokes and has a well-developed taste for Irish whiskey. I will piss on her grave someday, for all thats worth.

As to moving to another state, it won't help. My denial came from the NCIC (Garbage in from MD, garbage out from the feds.) Any application in any state will send up the same red flag. Its a country wide lifetime gun ban.
2dogs

 

[2dogsbarking]

To many tears in this beer.

Makes the story hard to buy.

Didn't see your responce before but had to reply. Hard story to buy?

In the end, found guilty means nothing to me, as does your opinion.
Only my X, myself and God, if there is one, knows the truth.