SB1 (2023) - Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions (Gun Safety Act of 2023)

[RFBfromDE]

I doubt it. People on the far left would still vote for him and probably cheer the fact that he signed it in the first place. They hate the Constitution. People in the middle aren’t voting for his far left ass anyway


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This^^^^^

He's not a normal person that faces consequences for stupidity.

He's protected.

 

[Some Guy]

Yes, I would think so. We did manage to get a mens rea requirement inserted (the violation must be "willful" so that will help protect against misunderstandings and non-willful violations.

This was a really important addition to the legislation. Thank you for bringing it up in testimony before the House of Delegates committee. I believe that influenced the outcome.

 

[esqappellate]

Cool thank you! How would the mens rea requirement affect businesses or property being rented/leased? Is that more to do with going to stores, people’s houses, etc?

SB1 requires the State to prove a "willful" violation which generally means that you knew it was unlawful and you did it anyway. Generally, that inquiry is highly fact dependent and a question for the jury, e.g., big GFZ sign with flashing lights is going to make it difficult to say that the violation was not willful. As to lessees, they have a "property interest" in real property under Section 6-411(b)(6) so under my reading of that provision, they are exempt. But assuming that my reading of SB1 is somehow wrong, it is a least a plausible reading of 6-411(b)(6), which means that until court rules otherwise, any violation by the lessee is arguably not willful.

 

[esqappellate]

This was a really important addition to the legislation. Thank you for bringing it up in testimony before the House of Delegates committee. I believe that influenced the outcome.

Agreed! And thanks.

 

[IronEye]

@esqappellate

Thanks you for all you and MSI do.

Walmart has the phrase "Kindly refrain from open carrying a firearm." Would that count as permission to carry concealed under SB1? It is my understanding that there is no specified signage in that bill.

 

[scottyfz6]

@esqappellate

Thanks you for all you and MSI do.

Walmart has the phrase "Kindly refrain from open carrying a firearm." Would that count as permission to carry concealed under SB1? It is my understanding that there is no specified signage in that bill.

My non lawyer reading of that sign, is its plausible to say you read it as, they allow the carry but not open carry, only leaving concealed.

Under the willful part of breaking the law you probably would get away with it once. But then again the first time your caught you would probably get away with it anyways. I doubt the court will be throwing the book at people unless they are in monkey county.

 

[kmittleman]

SB1 requires the State to prove a "willful" violation which generally means that you knew it was unlawful and you did it anyway. Generally, that inquiry is highly fact dependent and a question for the jury, e.g., big GFZ sign with flashing lights is going to make it difficult to say that the violation was not willful. As to lessees, they have a "property interest" in real property under Section 6-411(b)(6) so under my reading of that provision, they are exempt. But assuming that my reading of SB1 is somehow wrong, it is a least a plausible reading of 6-411(b)(6), which means that until court rules otherwise, any violation by the lessee is arguably not willful.

Thank you Mark!

 

[Bertfish]

@esqappellate

Thanks you for all you and MSI do.

Walmart has the phrase "Kindly refrain from open carrying a firearm." Would that count as permission to carry concealed under SB1? It is my understanding that there is no specified signage in that bill.

I wouldn't want to make that argument in court

 

[Crazytrain]

I wouldn't want to make that argument in court

It seems like a perfectly reasonable understanding of the sign to me.

I am really curious how many people are going to abide by this BS come October and how many are just going to say "screw it" and do what they want. I suspect that most people won't admit to either, so will probably never know. After all, who wants to admit in public to a level of cowardice? And who is willing to publicly admit to committing a crime? How many will say they Will Not Comply, while actually complying? And how many will go about pretending to comply while lugging around two or three pounds of plastic, steel, copper and lead?

 

[swinokur]

Or you can do as you see fit and say nothing

 

[eruby]

Or you can do as you see fit and say nothing

You Are the man

 

[Crazytrain]

Or you can do as you see fit and say nothing

That almost sounds like the talk of a free man. Careful there. Free men are dangerous and to be shunned whenever possible.

 

[Blacksmith101]

Everyone on MDS is law abiding and the forum even has rules about posting illegal things so I am certain everyone always complies with all legal laws. The first rule of the carry club is.....

 

[teratos]

Everyone on MDS is law abiding and the forum even has rules about posting illegal things so I am certain everyone always complies with all legal laws. The first rule of the carry club is.....

We are all respectful of the Constitution AND the principles of Liberty our Country was founded upon. This is not a law.

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.No one is bound to obey an unconstitutional law and no courts are bound to enforce it."(16 Am. Jur. 2d, Section 177; later 2d, Section 256)

 

[Tower43]

Unconstitutional laws are invalid. Period.

 

[Biggfoot44]

It seems like a perfectly reasonable understanding of the sign to me.

I am really curious how many people are going to abide by this BS come October and how many are just going to say "screw it" and do what they want.

Incomplete question.

Should be :

How Many will attempt to thread the needle ?

How Many will say screw it , and go full outlaw ?

How Many will say screw it , and hardly ever carry ?

 

[Raineman]

At my favorite sub shop/deli in Sykesville. This is the kind of place that gets my money.

 

[Phoenix_1295]

At my favorite sub shop/deli in Sykesville. This is the kind of place that gets my money.
View attachment 413040

Big Belly Deli?

 

[Raineman]

Big Belly Deli?

Yep!

 

[Phoenix_1295]

Yep!

They are good people.