I have to ask the obvious question..

[jcbvh]

Maybe this has been asked, and I apologize in advance if it has.

If the new Maryland Gun law that was just shoved down the throats of Maryland citizens was soo critical and important....why are they allowing a 6 month grace period before its implemented?!

I was just looking at the MD 30 round mag laws. The "you can have it here, just cant buy it here law"

The people writing these laws are so stupid its painful.

Again, sorry for being late to the party.

 

[teratos]

Because in the long run it will save a lot of children. It's a shame they let this thing go for 6 months. How many of the little angels will be lost before this bill starts saving lives?

 

[whistlersmother]

Maryland laws typically take effect October 1 of the year they were passed. I can't find the original idea behind this right now - may be something to do with Maryland's Constitution.

It is very obvious to everyone here that O'Malley wanted _something_ to show off in terms of gun control to the DNC. We Marylander's are being held hostage to O'Malley's presidental aspirations.

 

[teratos]

They could have tried to pass it as "emergency legislation" and it would go into effect as soon as it was signed. Of course, they can't identify the "emergency". O'Malley hasn't even signed this turd yet......

 

[Minuteman]

Better late than never.

Gun control is about people control.

There is no 'emergency' for any of this legislation. It's a slow, intentional and methodical effort to exploit every tragedy to pass incremental infringements on your natural right to self defense.

The real tragedy is the harm to citizens who are treated like criminals when they try to carry a firearm to deter real criminals.

Here's a good place to get up to speed:
http://afro.com/sections/news/prince-georges-county-news/story.htm?storyid=77576

Senate President Thomas V. Mike Miller Jr., said he feels Maryland has historically been ahead of the curve on gun laws.
“I think it stemmed from the urbanization of our society, particularly Prince George’s County, and with that came the increased crime,” Miller said, adding that the urbanization in Baltimore also contributed to the increased crime. With that came a law mandating a jail sentence for illegal possession of a handgun.
In 1972, Maryland made it so that only a citizen with a “good and substantial reason” could carry a concealed handgun in public, and any person caught illegally possessing a handgun would be sentenced to jail.
Maryland’s strict carry permit law contrasts that of other states in the country in recent years. Many states, including Virginia, Texas and Florida, have looser restrictions on concealed carry permits.
But in 2012, in the case of Woollard v. Sheridan, a trial court ruled the “good and substantial reason” clause to be unconstitutionally broad, saying the law was designed to keep guns off the street, but didn’t necessarily make citizens safer.
The law is allowed to stand during the appeals process.

 

[DaemonAssassin]

IIRC the October 1st start for laws is because the start of the fiscal year for MD is on 10/1 every year.

 

[Markp]

Who said it was critical or important... It's about the children... BARF!

 

[Bikebreath]

They could have tried to pass it as "emergency legislation" and it would go into effect as soon as it was signed. Of course, they can't identify the "emergency". O'Malley hasn't even signed this turd yet......

He doesn't need to sign it for it to become law. Signing is just a formality. He can go on to his little presidential campaign and get to say he never signed it.

 

[ShallNotInfringe]

IIRC the October 1st start for laws is because the start of the fiscal year for MD is on 10/1 every year.

Maryland's Fiscal Year begins July 1 and ends June 30. The Federal Fiscal Year begins on October 1.

Clip from the MD Constitution:

"SEC. 31. A Law passed by the General Assembly shall take effect the first day of June next after the session at which it may be passed, unless it be otherwise expressly declared therein or provided for in this Constitution (amended by Chapter 883, Acts of 1974, ratified Nov. 5, 1974)."

Must admit, I, too, have wondered why they chose the date of October 1. Am thinking it was because they knew they would need 6 months to write the regulations and "retool" for the large impact it will have.

*** Guns are OK to protect money, but not the little people. What does this say about what's important to our lawmakers? ***

 

[daNattyFatty]

He doesn't need to sign it for it to become law. Signing is just a formality. He can go on to his little presidential campaign and get to say he never signed it.

True, but there's enough footage of him pushing it.

 

[ShallNotInfringe]

True, but there's enough footage of him pushing it.

It was his bill originally. He has until May 28 to sign it. Depending on the timing and political climate this month, he can sign it with great fanfare or disavow it due to the changes that were made to it.

 

[Bikebreath]

True, but there's enough footage of him pushing it.

He'll spin it like toilet water.

 

[vector03]

He'll spin it like toilet water.

Exactly.
If I were him, I wouldn't sign it.


If everything works out well for him, he'll hang his hat on HIS legislation being passed.

If it goes **** up and the murder rate doubles, he can claim the signed legislation wasn't HIS ORIGINAL legislation (technically true) which was much harsher.


Teflon Leprechaun wins either way.

 

[6-Pack]

Where is the law or reference saying he doesn't have to sign it for it to become law?

 

[Gdud50]

My favorite example of the stupidity of Maryland gun laws is that a stripped ar-15 lower is a regulated firearm but a tavor is cash and carry.

 

[ShallNotInfringe]

Where is the law or reference saying he doesn't have to sign it for it to become law?

Maryland Constitution:

"SEC. 30. Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented by the presiding officer of the House in which it originated to the Governor for his approval. All bills passed during a regular or special session shall be presented to the Governor for his approval no later than 20 days after adjournment. Within 30 days after presentment, if the Governor approves the bill, he shall sign the same in the presence of the presiding officers and Chief Clerks of the Senate and House of Delegates. Every Law shall be recorded in the office of the Court of Appeals, and in due time, be printed, published and certified under the Great Seal, to the several Courts, in the same manner as has been heretofore usual in this State (amended by Chapter 883, Acts of 1974, ratified Nov. 5, 1974)."

April 8 + 20 days + 30 days ( they blur the presentment to give the governor a full 50 days) Which brings us to the date of May 28th...

"SEC. 17. (a) To guard against hasty or partial legislation and encroachment of the Legislative Department upon the co-ordinate Executive and Judicial Departments, every Bill passed by the House of Delegates and the Senate, before it becomes a law, shall be presented to the Governor of the State. If the Governor approves he shall sign it, but if not he shall return it with his objections to the House in which it originated, which House shall enter the objections at large on its Journal and proceed to reconsider the Bill. Each House may adopt by rule a veto calendar procedure that permits Bills that are to be reconsidered to be read and voted upon as a single group. The members of each House shall be afforded reasonable notice of the Bills to be placed on each veto calendar. Upon the objection of a member, any Bill shall be removed from the veto calendar. If, after such reconsideration, three-fifths of the members elected to that House pass the Bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if it passes by three-fifths of the members elected to that House it shall become a law. The votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively.

(b) If any Bill presented to the Governor while the General Assembly is in session is not returned by him with his objections within six days (Sundays excepted), the Bill shall be a law in like manner as if he signed it, unless the General Assembly, by adjournment, prevents its return, in which case it shall not be a law.

(c) Any Bill presented to the Governor within six days (Sundays excepted), prior to adjournment of any session of the General Assembly, or after such adjournment, shall become law without the Governor's signature unless it is vetoed by the Governor within 30 days after its presentment.

(d) Any Bill vetoed by the Governor shall be returned to the House in which it originated immediately after the House has organized at the next regular or special session of the General Assembly. The Bill may then be reconsidered according to the procedure specified in this section. Any Bill enacted over the veto of the Governor, or any Bill which shall become law as the result of the failure of the Governor to act within the time specified, shall take effect 30 days after the Governor's veto is over-ridden, or on the date specified in the Bill, whichever is later. If the Bill is an emergency measure, it shall take effect when enacted. No such vetoed Bill shall be returned to the Legislature when a new General Assembly of Maryland has been elected and sworn since the passage of the vetoed Bill.

(e) The Governor shall have power to disapprove of any item or items of any Bills making appropriations of money embracing distinct items, and the part or parts of the Bill approved shall be the law, and the item or items of appropriations disapproved shall be void unless repassed according to the rules or limitations prescribed for the passage of other Bills over the Executive veto (amended by Chapter 194, Acts of 1890, ratified Nov. 3, 1891; Chapter 714, Acts of 1949, ratified Nov. 7, 1950; Chapter 664, Acts of 1959, ratified Nov. 8, 1960; Chapter 883, Acts of 1974, ratified Nov. 5, 1974; Chapter 793, Acts of 1988, ratified Nov. 8, 1988)."

See C.

 

[6-Pack]

The way I read it (and I could be wrong):

Sec. 30: Any legislation that passes the GA must be presented to the Governor who may either 1) sign the bill into law or 2) veto the legislation. If he approves it, he must sign the bill within 30 days of presentment.

Sec. 17(a): The Governor can sign a bill into law or veto it. If he vetoes it, it must be sent back to the original House (since SB-281 is from the Senate, he would have to send it back there). If vetoed, it must be placed on the veto docket. A 3/5 vote from each House can overcome a veto. The governor "shall" sign if he approves or "shall" return to the Senate if he disapproves.

Sec 17(b): Since the GA is not in session right now (they are adjourned until 2014), this wouldn't apply.

Sec. 17(c): Same as 17(b) because the GA is not in session.

Sec. 17(d): This only applies if a bill is vetoed.

Sec. 17(e): This sounds like a line item veto (Clinton used them a lot and they are generally unconstitutional at the federal level) for expenditures of money.

O'Malley has to either sign the bill or veto the legislation. This goes back to checks and balances.

 

[vector03]

The way I read it (and I could be wrong):

Sec. 30: Any legislation that passes the GA must be presented to the Governor who may either 1) sign the bill into law or 2) veto the legislation. If he approves it, he must sign the bill within 30 days of presentment.

Sec. 17(a): The Governor can sign a bill into law or veto it. If he vetoes it, it must be sent back to the original House (since SB-281 is from the Senate, he would have to send it back there). If vetoed, it must be placed on the veto docket. A 3/5 vote from each House can overcome a veto. The governor "shall" sign if he approves or "shall" return to the Senate if he disapproves.

Sec 17(b): Since the GA is not in session right now (they are adjourned until 2014), this wouldn't apply.

Sec. 17(c): Same as 17(b) because the GA is not in session.

Sec. 17(d): This only applies if a bill is vetoed.

Sec. 17(e): This sounds like a line item veto (Clinton used them a lot and they are generally unconstitutional at the federal level) for expenditures of money.

O'Malley has to either sign the bill or veto the legislation. This goes back to checks and balances.

Sec. 17 (c) Any Bill presented to the Governor within six days (Sundays excepted), prior to adjournment of any session of the General Assembly, or after such adjournment, shall become law without the Governor's signature unless it is vetoed by the Governor within 30 days after its presentment.



The way I read it.

Bill is presented any time between 6 days prior to close and adjournment is valid.


"within" seems to be the word that allows it to become law without the governors signature while the GA is adjourned.

 

[6-Pack]

You're right. My mistake.

 

[Bikebreath]

I'm glad ShallNotInfringe had your answer...I was going on a trusted friends knowledge. I was sweatin' there for a while