SB118 (2023) - Criminal Law – Prohibitions on Wearing, Carrying, or Transporting Firearms

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  • lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    So who else is going to ignore this and carry anyway. It's so blatantly unconstitutional that you can pretty much guarantee a court win and payday.
    So you are going to ignore it and go to a gun range to shoot? Or go hunting on public land with a firearm? Because SB118 appears to ban both of those activities.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,688
    White Marsh, MD
    Actually, you could in that case. FOPA should protect you if you are traveling out of state IIRC.

    One note, I didn't check all of the bills, but I think all of these are effective 10/1/2023 (at least one of them, SB1?, is). Not that it makes anything much better. But that does at least give some breathing room for lawsuits, versus NJ and NY which were "SCREW YOU GUN OWNERS. IMMEDIATELY!"
    Be better if it was immediate. You'd have immediate standing.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    Be better if it was immediate. You'd have immediate standing.
    If the law has passed, I'd think you would have immediate standing. You might not get a PI or TRO as there would be "plenty of time" to hear the case, unless that would go past when the law would go in to effect.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,688
    White Marsh, MD
    If the law has passed, I'd think you would have immediate standing. You might not get a PI or TRO as there would be "plenty of time" to hear the case, unless that would go past when the law would go in to effect.
    Law might have passed but is not effective til 1 October. 30 September do as you will, 1 October the new restrictions take place and you are affected.
     

    beetles

    Active Member
    MDS Supporter
    Dec 19, 2021
    609
    The state's selling a wear and carry permit and then making its use illegal amounts to conspiracy and fraud by the state legislature, never mind a violation of federal law as defined by Bruen.

    This really isn't different than passing a state law that establishes a poll tax.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,297
    86 is a real piece of crap. Poorly written as all 2A infringements are.
    It also makes anyone who sought in patient treatment at a drug or alcohol rehab a prohibited person for life.

    Another reason to never be on record for seeking any type of counseling or head shrinking .
     

    sclag22

    Active Member
    Jan 9, 2013
    646
    Fred Co.
    The state's selling a wear and carry permit and then making its use illegal amounts to conspiracy and fraud by the state legislature, never mind a violation of federal law as defined by Bruen.

    This really isn't different than passing a state law that establishes a poll tax.
    I'm with Lazarus though. Where does it specify wear and carry permit holders? It doesn't, this is a broad restriction on firearms. Wearing, carrying or transporting. I do not see any carve outs for hunters, only LEO, security and military going to post. Maybe that wasn't their intention, but with the wording, in my non-legal scholar interpretation, it appears that's what they did.
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    14,407
    Mt Airy
    Actually, you could in that case. FOPA should protect you if you are traveling out of state IIRC.
    And FOPA would protect people traveling here to stay in a hotel here, if I'm not mistaken, which would make their "inn, hotel, or other that provides lodging to transient guests" portion of this unlawful (as if we didn't already know it was)
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    And FOPA would protect people traveling here to stay in a hotel here, if I'm not mistaken, which would make their "inn, hotel, or other that provides lodging to transient guests" portion of this unlawful (as if we didn't already know it was)
    I am pretty sure it wouldn't. I think it MIGHT, if they are traveling through the state and need to temporarily stay. But it wouldn't if they were coming TO Maryland and staying in an inn, hotel, motel, etc.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,538
    So you are going to ignore it and go to a gun range to shoot? Or go hunting on public land with a firearm? Because SB118 appears to ban both of those activities.
    I'm absolutely going to fight it being passed, but once it is, it's the duty of the people to exercise their rights and to not comply with unconstitutional tyranny.
     

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