MSI SB 1 law guide

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  • Michael S

    Active Member
    Nov 6, 2012
    416
    Towson
    I guess I haven't read the newest text of the bill. Hard to keep up with all the changes every few days. Either way this needs to get struck down quickly.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,462
    MoCo
    Courts can do what they want when there is a severability clause. If the portions of a statute not struck by the court can still function effectively, only that bad parts may be killed off while the rest shall survive. Sometimes, if the part that is struck down is key to the statute, even with a severability clause, the court will kill the whole thing off.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,647
    Carroll Co.
    100 foot rule is gone, you would have to be on park property to violate the law. Also, exemption still exists for being on your own property.
    Unless you’re having a public demonstration on your private property. So it’s either 1A or 2A, but not both?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    @esqappellate are severability clauses a token thing or do courts respect them?
    Yes, the courts strive to invalidate only the unconstitutional parts and will leave the rest if remainder can be reasonably implemented and would have been intended by the legislature. The severability clause is important in that analysis. It's not necessarily controlling on the question, but the legal presumption is that sections of a law are severable under that test.
     

    PO2012

    Active Member
    Oct 24, 2013
    815
    As infuriating as this is, I can't help but laugh. The members of the MGA just can't help themselves.

    The prohibition on carrying a firearm on private property that's conspicuously posted and/or where you have been personally advised that you cannot carry firearms will almost certainly survive judicial review as will the sections prohibiting the carry of firearms in government buildings and polling places. The rest of the place based restrictions on carrying firearms are dead on arrival; there simply isn't adequate (or, in some cases, any) text, history or tradition to support them. The fact that you appear to be prohibited from carrying a pistol into Sheetz under this law since they have machines that dispense lottery tickets will not amuse SCOTUS, nor will the youth camp prohibition since it appears to prohibit earning a merit badge in marksmanship and similar activities.

    I understand that it's frustrating but ultimately this type of legislation will lead to excellent case law that will definitively foreclose on these types of infringements. Once 90 percent of the sensitive place restrictions are held to be unconstitutional, Maryland and other states will try to impose onerous training requirements (i.e. 40+ hour training courses that approximate going through the firearms training found in a Police Academy) or truly exorbitant fees (i.e. $1,000 per year with annual renewal). Once those get struck down, their quiver will essentially be empty. In the end, we win as long as we keep fighting diligently. Having been born and raised in NYC, I can tell you from experience what truly draconian gun control looks like. The strides we've made over the last forty years are nothing short of miraculous.

    This type of legislation is rearguard harassment. The Second Amendment is here to stay. This nonsense is a form of theater. If Maryland were serious about crime control, it wouldn't have abolished the death penalty, violent felons would have to serve 85 percent of their sentences before seeing the parole board and the MGA wouldn't be considering shielding 24 year old felons from being charged with first degree murder for rape-homicide.
     

    blipper

    Active Member
    MDS Supporter
    Dec 4, 2017
    380
    Dundalk (Baltimore County)
    I’m guessing a Federal Court will not give a whit about a state severability clause
    In general, it’s a principle of judicial review to work surgically and strike down as little as possible, even without an explicit severability clause. Any provision that still makes sense with the offending provisions removed will be left in place. The severability clause is effectively a legislative assertion that the separate provisions may stand alone even if their companions fall.
     

    Brychan

    Ultimate Member
    Apr 24, 2009
    8,391
    Baltimore
    In a perfect world the Supreme Court would rule, we gave you all the chance to use a little common sense in regards to the 2A, since you went full retard, you may not have any law regarding the right to Keep And Bear Firearms, Shall Not Infringe means just that. Suck it up and move along.
     

    kmittleman

    Active Member
    Nov 22, 2010
    857
    Howard County
    Yes, the courts strive to invalidate only the unconstitutional parts and will leave the rest if remainder can be reasonably implemented and would have been intended by the legislature. The severability clause is important in that analysis. It's not necessarily controlling on the question, but the legal presumption is that sections of a law are severable under that test.
    Broadly speaking, what are the chances (what %) that SB1 or the MoCo law will eventually get struck down? If so will it be years or months?
     

    R1Peacock

    Active Member
    Jan 8, 2013
    266
    Carroll County, MD
    Not one person that is on the opposite side of the law gives a wet fart about any of this. It will do nothing to curb violence in this state. Violent crime, Murder, etc. will continue to happen at an increasing rate. All this does is further impact the law abiding people that are of good character and sound mind. Criminals don’t care about any of these bills. I bet not one criminal has lost any sleep over this or have even read any of the proposed bills.
     

    LAC_MD

    Active Member
    Oct 18, 2022
    691
    Towson
    Broadly speaking, what are the chances (what %) that SB1 or the MoCo law will eventually get struck down? If so will it be years or months?
    Given we have mag limits and a HQL after over 10 years. My bet is on a couple years until they are struck down… fingers crossed we will get a TRO for the duration while it progresses through the courts.
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,014
    Not one person that is on the opposite side of the law gives a wet fart about any of this. It will do nothing to curb violence in this state. Violent crime, Murder, etc. will continue to happen at an increasing rate. All this does is further impact the law abiding people that are of good character and sound mind. Criminals don’t care about any of these bills. I bet not one criminal has lost any sleep over this or have even read any of the proposed bills.
    I think that if we can get more than 10% of the 140,000 current wear & carry permit holders to actively engage with legislators about 2nd Amendment related legislation, the legislators would think and behave differently. The wear & carry permit holder population segment is sizeable at about 140,000 people now, and on the way to 240,000 people by end of this year. In five years it might be close to a million people. It's a big voting block.
     

    jc1240

    Ultimate Member
    MDS Supporter
    Sep 18, 2013
    14,793
    Westminster, MD
    Looking at the Md. Gen. Ass. tyrants continuously attacking those who don't commit crimes and bending over backwards protecting the wild animals, I swear it's like the sub-plot to Blue Thunder. The sub-plot was to cause so much crime to have a need for Blue Thunder. In Maryland, it is to give these clowns a reason to exist, that manufactured crisis so prevalent from the left.
     

    Alphabrew

    Binary male Lesbian
    MDS Supporter
    Jan 27, 2013
    40,749
    Woodbine
    Not one person that is on the opposite side of the law gives a wet fart about any of this. It will do nothing to curb violence in this state. Violent crime, Murder, etc. will continue to happen at an increasing rate. All this does is further impact the law abiding people that are of good character and sound mind. Criminals don’t care about any of these bills. I bet not one criminal has lost any sleep over this or have even read any of the proposed bills.
    Agreed 100%. The intent of this law is not to reduce crime, it’s to fvck with legal gun owners. Just leftist virtue signaling.
     

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