" Foster a Bill" Drive

[Mr H]

One more for 42

"Mr H"
Glen Burnie, MD
District 32

Testimony to the House Judiciary Committee,
In Opposition to HB0042

March 4, 2014

Esteemed Members of the Committee,

As we read through the below excerpted portions of this bill, I have highlighted obvious inconsistencies, which create a Second Amendment infringement of high order.

(b) (1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.

In §5–122, we have an established timeframe within which a regulated firearms application must be disapproved by the Secretary. If no disapproval is forthcoming in that period, then we move to the next applicable section of law.

(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.

After passage of the Firearms Safety Act of 2013 (FSA13), there were significant delays in the processing of these applications, which resulted in backlogs which are still evident today, where purchasers/transferees were not receiving their “Not Disapproved” decisions in a timely manner, in accordance with law. Eventually, a lawsuit was filed during the summer of 2013, and Maryland State Police stipulated in court that, in accordance with law, dealers/transferors may release a firearm to the purchaser/transferee without penalty.

The new language in this bill is in direct conflict with the existing timeframes, and ignores the results of the aforementioned lawsuit (underline emphasis added).

NOTWITHSTANDING THE TIME PERIOD FOR DISAPPROVAL OF A FIREARM APPLICATION UNDER § 5–122 OF THIS SUBTITLE, A LICENSEE OR OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A REGULATED FIREARM TO A FIREARM APPLICANT UNTIL THE LICENSEE OR OTHER PERSON HAS RECEIVED NOTICE FROM THE SECRETARY THAT THE APPLICANT’S FIREARM APPLICATION HAS BEEN APPROVED.


“Approved” is not a term that is defined in current applications processing, and connotes the Secretary now has authority previously not held. “Not Disapproved” is understood to mean that the Second Amendment is incorporated in, and respected by, Maryland law, meaning that without a specific disqualifying condition there is no reason or cause to “Disapprove” an application.

By adding “Approved” to the statute, and prohibiting the release of a firearm until that point, this bill effectively sets up a scheme by which MSP may indefinitely prevent and prohibit otherwise lawful and deserving firearms owners from taking possession of new purchases, thus circumventing the Second Amendment's “keep” provision, which is undisputed.

This bill blatantly violates this provision, and creates the possibility for abuse, completely in conflict with current statutes and Court decisions. It has the appearance of being nothing less than a complete roadblock to legal firearms commerce, and will do nothing to satisfy the real problems of criminal violence we face across the state.

As such, I must respectfully request that this bill be voted down, with a strongly Unfavorable Report.

 

[CrazySanMan]

HB521 Support

Attached is my testimony in support of HB521

 

[ShallNotInfringe]

Links added to here.

 

[iH8DemLibz]

The problem is, is that it makes no distinction between someone that is carrying a loaded weapon for the purpose of doing harm, and someone that is slightly out the bounds of the restrictions on their CCW. And who determines if you are outside your restrictions? They do. It doesn't matter what you think.

This is a very bad bill.

You ask people to get in the trenches with you and then you tell them what they think doesn't matter!?.

This is precisely why so many folks are no longer willing to go to Annapolis and stand beside those of you who, clearly, know more than the rest of us.

If there was ever a divide in ideas and ideals, it's within the 2A community.

Either you want our help or you do not want our help.

And to think I was going to shoot down very early Tuesday morning and try to help you out with the paperwork side of things.....

 

[Mr H]

For 521

"Mr H"
Glen Burnie, MD
District 32

Testimony to the House Judiciary Committee,
In Favor of HB0521

March 4, 2014

Esteemed Members of the Committee,

With last year's passage of the Firearm Safety Act of 2013 (FSA13), Marylanders were subjected to a new infringement on their rights inconsistent with the Second Amendment's guarantee (and the Courts' affirmation) of the individual right to “keep” arms. The creation of the Handgun Qualification License (HQL) now forces otherwise law-abiding citizens to submit to nearly the same level of scrutiny to which we are already subjected to acquire a “Wear and Carry” firearms permit.

The carry permit restrictions we see here in Maryland are already far in excess of the vast majority of states, and to be forced to undergo nearly the same fingerprinting and background checks simply to be allowed to purchase/receive a handgun is at least redundant, and at most an infringing impediment to the Right.

Due to the near-impossibility of carry in Maryland, and the refusal to recognize even our most basic right to self-protection, many of our neighbors are forced to obtain permits from other states. Sadly, these are useless in our own home state. With regard to Utah Non-Resident permits alone (which also require prints, a background check, and law instruction), the number of Marylanders who possess that permit is nearly equal to the number of people with Maryland permits.

Therefore it makes clear sense that, for anyone acquiring the HQL, the availability to carry should go along with it (should the individual so choose, and meed additional minimum standards), reestablishing not only “keep”, but “bear” as well.

Even states such as Illinois and California are being made to realize the growing trend that individual citizens are demanding their Constitutional Freedoms be restored, and this bill is a common-sense solution that (contrary to many other bills this session) will have an effect on violent crime in the state, by creating an invisible protection for the average citizen which will create doubt in the minds of violent criminals.

I wholeheartedly recommend this bill be given the strongest possible support, and a Favorable Report.

 

[Mr H]

You ask people to get in the trenches with you and then you tell them what they think doesn't matter!?.

This is precisely why so many folks are no longer willing to go to Annapolis and stand beside those of you who, clearly, know more than the rest of us.

If there was ever a divide in ideas and ideals, it's within the 2A community.

Either you want our help or you do not want our help.

And to think I was going to shoot down very early Tuesday morning and try to help you out with the paperwork side of things.....

I read it more as "They don't care what we think." But, they are starting to.

This is no time to back down, and start eating our own. We see too much of that as it is.

 

[iH8DemLibz]

I read it more as "They don't care what we think." But, they are starting to.

This is no time to back down, and start eating our own. We see too much of that as it is.

Precisely my point.

 

[dblas]

no fooling. i hadn't read any of these, i'm just the admin

oh and the cookie lady...

back to the conversation with iH8DemLibz...

that's like saying just because a man has a penis he is going to rape someone.

maybe i'll use that line.

And conversely, because a woman has a vajayjay, she is going to be a prostitute.

 

[dblas]

That's what we thought but it appears there are a lot of people that have BGOS and appear to be apathetic this year. This is a long drawn out battle. One skirmish does not a war make. We can win this war. it will just take time. Thank you to everyone sending in testimony and going down to Annapolis.

THIS!! We have to show up and support the good bills just as we have shown up in the past to fight the bad bills.

And if you can't show up, then write something and submit it.

 

[dblas]

I did not hand sign and scan testimony back in before emailing. Is that a problem?

Nope, doesn't have to be hand signed. Name, address, district are just fine.

 

[ShallNotInfringe]

THIS!! We have to show up and support the good bills just as we have shown up in the past to fight the bad bills.

And if you can't show up, then write something and submit it.

Or do both.

 

[dblas]

Thought you folks down there wanted to avoid a deluge on Tuesday morning.

You had originally said midnight on 3/3. That was 9 hours ago.



Figured a start of business time made more sense, so I actually extended it...

Neither here nor there on the send side...

Edited. New deadlines posted : 5 pm today for samples posting here, 9 am tomorrow for print/copy.

Keep sending.... by all means.

We will make it work, anyone want to show up early and help make copies and sort testimony is invited to do so. Once I know what time Andi and I are opening the office, I will post accordingly. So far the office is still closed today.

 

[Mr H]

We will make it work, anyone want to show up early and help make copies and sort testimony is invited to do so. Once I know what time Andi and I are opening the office, I will post accordingly. So far the office is still closed today.

If it looks like you'll open things up, let me know. As long as I can get out of the neighborhood, I'll come help.

 

[dblas]

You ask people to get in the trenches with you and then you tell them what they think doesn't matter!?.

This is precisely why so many folks are no longer willing to go to Annapolis and stand beside those of you who, clearly, know more than the rest of us.

If there was ever a divide in ideas and ideals, it's within the 2A community.

Either you want our help or you do not want our help.

And to think I was going to shoot down very early Tuesday morning and try to help you out with the paperwork side of things.....

This is why I hate responding sometimes on a board, not enough bandwidth for a conversation to answer a question.

The statement "It doesn't matter what you think." was in regards what you think your restrictions are, not what they think they are. It had absolutely nothing to with fighting the legislature on bills and laws.

 

[tsmith1499]

I'll be down early regardless of when you open the office tomorrow morning depending on traffic. I want one of those coveted parking garage spaces near the buildings. I may stay until it's over tomorrow since I am driving myself.

 

[dogbone]

We will make it work, anyone want to show up early and help make copies and sort testimony is invited to do so. Once I know what time Andi and I are opening the office, I will post accordingly. So far the office is still closed today.

As I posted in your "Need a little help" thread, I can be there by 07:00, if road conditions cooperate. Will keep an eye out here for your updates.

 

[ShafTed]

You ask people to get in the trenches with you and then you tell them what they think doesn't matter!?.

This is precisely why so many folks are no longer willing to go to Annapolis and stand beside those of you who, clearly, know more than the rest of us.

If there was ever a divide in ideas and ideals, it's within the 2A community.

Either you want our help or you do not want our help.

And to think I was going to shoot down very early Tuesday morning and try to help you out with the paperwork side of things.....

Dude! You need a nap (I know I do)! The "it doesn't matter what you think" comment was in regard to "them" - MSP - being the only arbiters of what your restrictions are on your permit.

We all need to keep pulling together on this, we're too close to the finish line (the hearing Tuesday) to start falling apart now.

 

[ShallNotInfringe]

You ask people to get in the trenches with you and then you tell them what they think doesn't matter!?.

This is precisely why so many folks are no longer willing to go to Annapolis and stand beside those of you who, clearly, know more than the rest of us.

If there was ever a divide in ideas and ideals, it's within the 2A community.

Either you want our help or you do not want our help.

And to think I was going to shoot down very early Tuesday morning and try to help you out with the paperwork side of things.....

Maybe a more succinct way to have said what dblas meant was "it doesn't matter what your intentions are, it matters who's doing the interpreting of your actions"

People are judged by their actions, not their intentions.

That's how I read his post.

 

[TopShelf]

Nope, doesn't have to be hand signed. Name, address, district are just fine.

Thanks. I didn't put address, and missed district on a few. Should I resubmit.

 

[ShafTed]

I think I got off about 23 emails to the office before collapsing in a heap about 5 AM.

Right now, my right hand is held together with metal pins, so I can't shovel diddeley. If I can make it out of my driveway I'll try to get there early tomorrow, maybe I can still push buttons on a copy machine or something.

I'm going to pick some of the bills and work on oral testimony today, pretending that I will be able to get out on Tuesday. Right now, I don't think I'm going to try to speak on every bill but I want to have at least something prepared in case no one else takes up our side on an "orphan." I think we gave a good showing for the Senate hearing, let's make it even bigger for the House!