HB1261 - Weapon Crimes - Assault Long Guns and Copycat Weapons

[1841DNG]

I don't want cops to be under equipped but I keep thinking that I want to see civilian law enforcement exceptions in these laws ruled unconstitutional. Clearly the 2A wanted citizens and the government to be on the same level in terms of arms. Why should the government be allowed anything that the people cannot own? Would the politicians suddenly care more if their state protection could no longer ignore the NFA, capacity restrictions, or cosmetic features? Though at the same time honest hard working cops have to deal with enough crap on the job already.

 

[Boats]

I presume this wouldn't cover AR pistols?

Yes, it does in several ways. It specifically states pistols that accept a magazine outside the pistol grip, pistols with a handguard encircling the barrel AND pistols chambered in .450 bushmaster, 5.56, .223, 7.62x39, 7.62x51, .300BO, .30carbine, .308win. 5.7mm AND any other caliber deemed to pierce body armor

I hope this bill fails. But it does show where we are headed.

 

[6-Pack]

Yes, it does in several ways. It specifically states pistols that accept a magazine outside the pistol grip, pistols with a handguard encircling the barrel AND pistols chambered in .450 bushmaster, 5.56, .223, 7.62x39, 7.62x51, .300BO, .30carbine, .308win. 5.7mm AND any other caliber deemed to pierce body armor

I hope this bill fails. But it does show where we are headed.

You forgot the non-existent 50 BMG handgun too

 

[Mark75H]

I agree, maybe these laws should be rechallenged. The consitution is pretty clear about classes and nobility

We may personally honor LEO's but they are not knights and nor are legislators regents

 

[Lalez]

Repeal all the Law Enforcement exemptions, if it's banned for citizens then it's banned for "citizens with badges" also.

You guys need to start kicking some asses up there....the whole protesting in your golf outfit isn't getting it done. Kit up maybe, I don't know but you need to try something different. Get as many people involved in shooting at the range as you can.

I live in FL and thankfully my parents have finally decided to sell their home in Baltimore County and move to Florida as well, which is still currently a free state. I am going to remain a member here to give you guys moral support just because I grew up in Maryland and cannot believe that my birth state is probably the most tyrannical state in the country when it comes to 2nd Amendment rights.

 

[danb]

There were zero murders in Baltimore using any of these weapons.


When Annapolis got involved and passed the HQ: in 2013, homicide rose 35% the very next year. Baltimore now has the highest per capital murder rate of any US city. It is literally a third world country with vacant houses, corruption, and a failing education system where only 15% of the kids have remedial math or English proficiency. .

Baltimore has become a national embarrassment. Bills like this turn Maryland into Baltimore.

 

[Doctor_M]

Repeal all the Law Enforcement exemptions, if it's banned for citizens then it's banned for "citizens with badges" also.

You guys need to start kicking some asses up there....the whole protesting in your golf outfit isn't getting it done. Kit up maybe, I don't know but you need to try something different. Get as many people involved in shooting at the range as you can.

I live in FL and thankfully my parents have finally decided to sell their home in Baltimore County and move to Florida as well, which is still currently a free state. I am going to remain a member here to give you guys moral support just because I grew up in Maryland and cannot believe that my birth state is probably the most tyrannical state in the country when it comes to 2nd Amendment rights.

MD specifically prohibits carrying weapons at political protests or rallies. I think that is a long standing law.

 

[Doctor_M]

Your average poster on MDS has a poor grasp on the legislative process and how to read bills. Not as bad as what I've seen out of some Virginians lately, but not great. This is the same group that was freaking the **** out over the ban on mag possession last year despite it being basically DOA.

For me it isn't a so much a question of if it will be passed this session... but with the generational super majority stranglehold one party has had on this State, I think we all realize that this will be re-introduced, and re-introduced, and re-introduced until it eventually gets made law. How many times did we see the prohibition on private long gun sales come around... at least 5. It passed by vote last year but wasn't finalized before sine die.. and sure enough it is sailing through again this year and will probably become law with or without a veto. Sorry to be a wet blanket. I see the same scenario for this travisty.

 

[teratos]

Your average poster on MDS has a poor grasp on the legislative process and how to read bills. Not as bad as what I've seen out of some Virginians lately, but not great. This is the same group that was freaking the **** out over the ban on mag possession last year despite it being basically DOA.

The Dems seem Bolder this year. More of a flippant attitude about their infringement. Do you see any of those sheep voting against this bill?

 

[danimalw]

.

Ianal so please enlighten me... Why doesn't this one line in COTUS make all these laws null and void??

 

[pcfixer]

Bill of Attainder
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself.

 

[mvee]

MD specifically prohibits carrying weapons at political protests or rallies. I think that is a long standing law.

Minor point; Maryland law prohibits carrying of firearms at a protest after the person carrying has been asked by police to remove their firearm from the protest.

 

[Occam]

Ianal so please enlighten me... Why doesn't this one line in COTUS make all these laws null and void??

Because banning possession something AFTER some future date isn’t ex post facto. Has nothing to do with the constitutionality of such a law on other grounds, but this isn’t one of them.

 

[randomuser]

The Dems seem Bolder this year. More of a flippant attitude about their infringement. Do you see any of those sheep voting against this bill?

They will continue to be more bold as long as they are permitted and obeyed by the people.

 

[Fox123]

They will continue to be more bold as long as they are permitted and obeyed by the people.

Virginia is proving the point

 

[Kharn]

The Dems seem Bolder this year. More of a flippant attitude about their infringement. Do you see any of those sheep voting against this bill?

I think they're drinking 9th Circuit's deceased judge Reinhardt's koolaid: The Supreme Court “can't catch 'em all.”

They might lose a few on technicalities, but they aren't concerned about a Hail Mary case slamming the courthouse door in their faces.

 

[Kicken Wing]

For me it isn't a so much a question of if it will be passed this session... but with the generational super majority stranglehold one party has had on this State, I think we all realize that this will be re-introduced, and re-introduced, and re-introduced until it eventually gets made law. How many times did we see the prohibition on private long gun sales come around... at least 5. It passed by vote last year but wasn't finalized before sine die.. and sure enough it is sailing through again this year and will probably become law with or without a veto. Sorry to be a wet blanket. I see the same scenario for this travisty.

This seems to be the pattern. This bill is FSA 2013 round 2.

 

[pcfixer]

https://www.cnn.com/videos/politics/2020/02/06/atf-ar-15-gun-law-loophole-glover-pkg-vpx.cnn

 

[Not_an_outlaw]

https://www.cnn.com/videos/politics/2020/02/06/atf-ar-15-gun-law-loophole-glover-pkg-vpx.cnn

OK, other than guns are bad, what was the issue here?

 

[pcfixer]

OK, other than guns are bad, what was the issue here?

Better explanation. https://www.wfft.com/content/national/567651512.html

US District Court Judge James G. Carr for the Northern District of Ohio called the ATF's long-standing interpretation of the regulation "unreasonable and legally unacceptable."
ATF said in a statement to CNN that it was reviewing that case and others involving the issue and would have no further comment until that review is complete. The agency declined to discuss O'Kelly's testimony as an expert witness.

In the early days of gun control, every single part of a gun was subject to regulation under the Federal Firearms Act of 1938.
Three decades later, with the passage of the 1968 Gun Control Act, Congress sought to streamline what was considered an overly burdensome regulation by choosing a single part of a weapon as its key component for regulatory purposes.
Under the new law, manufacturers were required to stamp that part with a serial number for tracing purposes, and it would be subject to all the same laws as a completed firearm itself. Since 1993, that includes a provision that licensed dealers conduct criminal background checks on would-be buyers of the part, just as they would prospective purchasers of a fully intact firearm.

This key part, according to the Gun Control Act, was referred to as "the frame or receiver," which is, generally speaking, the body of a firearm in the area surrounding the trigger.
An accompanying federal regulation provided a precise, highly technical definition:
"That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel."
The problem -- and this is where O'Kelly comes in -- is that he says roughly 60% of the guns in America do not have a single part that falls under that definition. The AR-15, for example, has a split receiver -- one upper and one lower. Neither meets the requirement on its own.
"For 50 years, ATF has been making this square peg fit in the round hole," O'Kelly told CNN, "when, in fact, it doesn't."
At 64, with more than half his life devoted to law enforcement, first as a cop in Indiana, then as a federal agent, the last thing O'Kelly wants, he said, is to be seen as at odds with the ATF's mission of keeping guns from criminals.

He's not on a crusade, he insisted. He isn't seeking the spotlight.
Put simply, he said, "when I'm asked to testify in court, I take an oath to tell the truth, and I have."
Since leaving the ATF in 2011, and forming his own firearms training and consulting firm, O'Kelly has been a paid expert witness in at least four cases in which he has detailed his view that the AR-15 and many other guns don't have a single part that is subject to federal law and regulation.
The first time was in 2014 after he got a call from a San Diego area lawyer asking his opinion about a case involving the seizure of approximately 6,000 polymer gun parts the ATF had determined were "receivers" under the law. The devices were taken as part of a criminal investigation into a Southern California-based company Ares Armor, which was suspected of dealing firearms without a license.

The company's owner at the time, Dimitri Karras, was never charged with a crime. His company later filed a civil lawsuit against the ATF seeking the return of his property. O'Kelly submitted a declaration in support of Karras' lawsuit, stating that the lower receivers "had only two of the four features listed by the ATF in their own definition of a receiver"