Maryland Shall Issue

Concealed Carry Now

Latest Activities/Info

Action Needed!

Please check out the Discussion Links on the Links page  (http://www.marylandshallissue.org/links.html ) and join in (or just listen) to some of the discussions.

It's not too late! None of these bills have gotten a vote in committee yet. If you haven't done it yet, please contact the committee members.

2/5/2008

House Bills

HOUSE BILL 2 - Handgun Permits _ Repeal of Finding Requirement

Repealing the requirement that the Secretary of State Police find that a person has a good and substantial reason to wear, carry, or transport a handgun before issuing a handgun permit to the person.

http://mlis.state.md.us/2008rs/billfile/hb0002.htm

SUPPORT - A pure 'shall-issue' bill.

HOUSE BILL 108 - Electronic Weapons _ Prohibition

Prohibiting a person from possessing, using, selling, distributing, offering to sell or distribute, or transporting into the State an electronic weapon; establishing penalties; requiring the Police Training Commission to require specified training in the proper use of electronic weapons; etc.

http://mlis.state.md.us/2008rs/billfile/hb0108.htm

OPPOSE - Handheld weapons are the best equalizer for smaller, weaker, or older citizens to defend themselves when attacked.

HOUSE BILL 182 - Domestic Violence _ Permanent Protective Order After Conviction and Imprisonment

http://mlis.state.md.us/2008RS/billfile/HB0182.htm

OPPOSE - A protective order is at best a piece of paper that gives a false sense of security.

HOUSE BILL 517 - Regulated Firearms _ Encoded Ammunition _ Tax

Authorizing a person to sell ammunition for a regulated firearm on or after January 1, 2009, only in accordance with the Act; requiring an ammunition manufacturer to encode ammunition for a regulated firearm in a specified way; requiring the Secretary of State Police beginning on January 1, 2009, to establish and maintain an encoded ammunition database; imposing a tax of 5 cents per round on the sale of encoded ammunition beginning on January 1, 2009; etc.

http://mlis.state.md.us/2008rs/billfile/hb0517.htm

Hearing: Tuesday, February 26th at 1 PM

OPPOSE - Not only is the tax oppressive to shooters, but this bill would stop all reloading by competitive shooters. Unworkable, and unconstitutional.

Read details about the horrendous effects of HB-517 here:

http://www.snubnose.info/wordpress/news/a-new-trojan-horse-encoded-ammunition/

and

http://jerrythegeek.blogspot.com/search/label/Encoded%20Ammunition

Click here for an HB 517 pdf brochure.

HOUSE BILL 640 - Family Law _ Temporary Protective Orders _ Surrender of Firearms

Authorizing a judge in entering a temporary protective order to order a specified person to surrender to law enforcement authorities any firearm in the person's possession for a specified period of time; etc.

http://mlis.state.md.us/2008RS/billfile/HB0640.htm

Hearing: FEBRUARY 21

OPPOSE - If a person is deemed a threat or a menace to society with a gun then they are just as much a threat or menace with knives, gasoline, baseball bats, and automobiles. If they are a known threat, then lock 'em up. If they are not a threat then don't infringe on their rights.

HOUSE BILL 655 - Entitled: Natural Resources _ Hunting Licenses _ Minimum Age

Prohibiting the Department of Natural Resources from issuing a hunting license to a person who is under the age of 13 years; providing that specified suspensions of hunting privileges for specified hunting violations for persons under the age of 13 years shall begin on the person's 13th birthday; requiring an application for a hunting license to include the date of birth of the applicant; etc.

http://mlis.state.md.us/2008RS/billfile/HB0655.htm

OPPOSE - Hunting has been a family sport with younger children participating for many centuries.

HOUSE BILL 659 - Domestic Violence _ Temporary Protective Order _ Additional Relief

Authorizing a court in a specified proceeding for relief from abuse to order the respondent to surrender specified firearms and to refrain from possessing firearms under specified circumstances; requiring a law enforcement officer to provide specified information to a respondent when a firearm is surrendered and to provide for the safe storage of the firearm; providing for the retaking of surrendered firearms by the respondent under specified circumstances; etc.

http://mlis.state.md.us/2008RS/billfile/HB0659.htm

Hearing: FEBRUARY 21

OPPOSE - If a person is deemed a threat or a menace to society with a gun then they are just as much a threat or menace with knives, gasoline, baseball bats, and automobiles. If they are a threat, then lock 'em up. If they are not a threat then don't infringe on their rights.

HOUSE BILL 849 - Public Safety _ Restrictions on Possession of Firearms _ Conviction of Disqualifying Crime and Protective Order Respondent

Prohibiting a person from possessing a firearm if the person has been convicted of a disqualifying crime or is a respondent against whom a current final protective order has been entered; repealing prohibitions against possession of a regulated firearm by a person who has been convicted of a disqualifying crime or is a respondent against whom a current final protective order has been entered; etc.

http://mlis.state.md.us/2008rs/billfile/hb0849.htm

OPPOSE - If a person is deemed a threat or a menace to society with a gun then they are just as much a threat or menace with knives, gasoline, baseball bats, and automobiles. If they are a threat, then lock 'em up. If they are not a threat then don't infringe on their rights.

HOUSE BILL 877 - Public Safety _ Possession of Regulated Firearm by a Person Under 21 Years _ Penalty

Synopsis: Adding a misdemeanor penalty provision for the possession of a regulated firearm or specified ammunition by a person under 21 years of age; etc.

http://mlis.state.md.us/2008rs/billfile/hb0877.htm

OPPOSE - Why criminalize the possession of guns similar, or identical, to those 18 year olds are required to carry in the military?

HOUSE BILL 880 - Public Safety _ Regulated Firearms _ Reporting Lost or Stolen

Synopsis: Requiring a dealer or other person who sells or transfers a regulated firearm to notify the purchaser or recipient at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency; requiring the owner of a regulated firearm to report the loss or theft of the regulated firearm to the local law enforcement agency within 72 hours after the owner discovers the loss or theft; etc.

http://mlis.state.md.us/2008rs/billfile/hb0880.htm

OPPOSE - Why burden and criminalize the victim?

HOUSE BILL 964 - Criminal Procedure _ No Good Time for Gun Crime

Decreasing the number of days per month that an inmate serving a term of confinement that includes a consecutive or concurrent sentence for a crime of possession of a regulated firearm by a person prohibited from possessing a regulated firearm is allowed as a deduction in advance from the inmate's term of confinement; making stylistic changes; etc.

http://mlis.state.md.us/2008RS/billfile/HB0964.htm

OPPOSE - The tool used in a crime does not change the crime.

HOUSE BILL 1060 - Victims of Crime - Burglary and Crimes of Violence - Civil Immunity

Providing that a person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business with the intent to commit specified crimes under specified circumstances; etc.

http://mlis.state.md.us/2008rs/billfile/hb1060.htm

SUPPORT - Your home is your castle.

HOUSE BILL 1061 - Public Safety _ Denial of Permit to Carry Handgun _ Return of Application Fee

Requiring the Secretary of State Police, or the Secretary's designee, to refund the application fee for a permit to carry, wear, or transport a handgun to an applicant whose application is denied.

http://mlis.state.md.us/2008RS/billfile/HB1061.htm

SUPPORT - Why should we have to pay for a permit that is not issued?

HOUSE BILL 1071 - Criminal Law _ Self_Defense _ Immunity for Use of Physical Force in Defense of Dwelling

Synopsis: Establishing that an occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that the other person has committed a crime in the dwelling in addition to the unlawful entry, or is committing or intends to commit a crime against a person or property in addition to the unlawful entry; etc.

http://mlis.state.md.us/2008RS/billfile/HB1071.htm

SUPPORT - Your home is your castle.

HOUSE BILL 1075 - Criminal Law _ Self_Defense _ Immunity for Use of Physical Force in Defense of Dwelling or Place of Business

Establishing that an occupant of a dwelling or place of business is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling or place of business, and when the occupant has a reasonable belief that the other person has committed a crime in the dwelling or place of business in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property; etc.

http://mlis.state.md.us/2008RS/billfile/HB1075.htm

SUPPORT - Your business property should be as inviolate as your home.

ACTION: Please email the below list of members of the House Judiciary

TIP: You should be able to cut and paste the whole list right into your email application. No need to select addresses one by one.

ask them to

SUPPORT HB-2, HB-1060, HB-1061, HB-1071, & HB-1075 and

OPPOSE HB-108, HB-182, HB-517, HB-640, HB-655, HB-659, HB-849, HB-877, HB-880, & HB-964

ACTION: Please also email the members of the House Ways and Means Committee

TIP: You should be able to cut and paste the whole list right into your email application. No need to select addresses one by one.

and ask them to

OPPOSE HB-517

(HB-517 will be heard by both the House Judiciary and the House Ways and Means)

Senate Bills

SENATE BILL 42 - Temporary Protective Orders _ Surrender of Firearms | Sponsored By: Senator Frosh

Authorizing a judge in entering a temporary protective order to order a specified person to surrender to law enforcement authorities any firearm in the person's possession for a specified period of time; etc.

http://mlis.state.md.us/2008rs/billfile/sb0042.htm

OPPOSE - If a person is deemed a threat or a menace to society with a gun then they are just as much a threat or menace with knives, gasoline, baseball bats, and automobiles. If they are a known threat, then lock 'em up. If they are not a threat then don't infringe on their rights.

SENATE BILL 244 - Criminal Law _ Use of Firearm in the Commission of a Crime of Violence or a Felony

Prohibiting the use of specified firearms in the commission of crimes of violence or felonies; and defining "firearm".

http://mlis.state.md.us/2008RS/billfile/SB0244.htm

OPPOSE - Defines 'antique firearms' as firearms for the first time. I suppose this means they will no longer be transferable without the ATF forms, etc.

SENATE BILL 299 - Public Safety _ Possession of Regulated Firearm by a Person Under 21 Years _ Penalty

Adding a misdemeanor penalty provision for the possession of a regulated firearm or specified ammunition by a person under 21 years of age; etc.

http://mlis.state.md.us/2008rs/billfile/sb0299.htm

OPPOSE - We want to encourage shooting and firearm safety in youths, not criminalize it. Eighteen year olds would be criminalized for possessing guns similar to what the military would require them to carry.

SENATE BILL 393 - Domestic Violence _ Permanent Protective Order After Conviction and Imprisonment

Synopsis: Providing that a protective order is permanent if a respondent is convicted and sentenced to imprisonment for a specified act of abuse.

http://mlis.state.md.us/2008rs/billfile/sb0393.htm

OPPOSE - A protective order is at best a piece of paper that gives a false sense of security.

SENATE BILL 449 - Crimes _ Self_Defense _ No Duty to Retreat or Seek Safety by Escape

Authorizing a person charged with a specified crime to assert a claim of self_defense even though the person failed to retreat or seek safety by escape.

http://mlis.state.md.us/2008RS/billfile/SB0449.htm

SUPPORT - The victim should not have to bear the responsibility of proving they could not retreat.

SENATE BILL 558 - Criminal Procedure _ Consecutive or Concurrent Sentence for Unlawful Possession of Regulated Firearm _ Diminution Credit Eligibility

Decreasing the number of days per month that an inmate serving a term of confinement that includes a consecutive or concurrent sentence for a crime of possession of a regulated firearm by a person prohibited from possessing a regulated firearm is allowed as a deduction in advance from the inmate's term of confinement; making stylistic changes; etc.

http://mlis.state.md.us/2008RS/billfile/SB0558.htm

OPPOSE - The tool used in a crime does not change the crime.

SENATE BILL 585 - Public Safety _ Regulated Firearms _ Reporting Lost or Stolen

Requiring a dealer or other person who sells or transfers a regulated firearm to notify the purchaser or recipient at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency; requiring the owner of a regulated firearm to report the loss or theft of the regulated firearm to the local law enforcement agency within 72 hours after the owner discovers the loss or theft; etc.

http://mlis.state.md.us/2008RS/billfile/SB0585.htm

OPPOSE - Why burden and criminalize the victim?

SENATE BILL 586 - Public Safety _ Restrictions on Possession of Firearms _ Conviction of Disqualifying Crime and Protective Order Respondent

Prohibiting a person from possessing a firearm if the person has been convicted of a disqualifying crime or is a respondent against whom a current final protective order has been entered; repealing prohibitions against possession of a regulated firearm by a person who has been convicted of a disqualifying crime or is a respondent against whom a current final protective order has been entered; etc.

http://mlis.state.md.us/2008RS/billfile/SB0586.htm

OPPOSE - If a person is deemed a threat or a menace to society with a gun then they are just as much a threat or menace with knives, gasoline, baseball bats, and automobiles. If they are a known threat, then lock 'em up. If they are not a threat then don't infringe on their rights.

ACTION: Please send an email to the members of the Senate Judicial Proceedings Committee

TIP: You should be able to cut and paste the whole list right into your email application. No need to select addresses one by one.

asking them to

SUPPORT SB-449, and

OPPOSE SB-42, SB-244, SB-299, SB-393, SB-558, SB-585, & SB-586

2007 End of session wrap up

1) NO ACTION ON CCW BLLS 

There has been no action, no committee vote in House or Senate, on any of our self-defense bills -- CCW or 'Castle Doctrine.'  This is not a surprise, and therefore not a big disappointment ... though we certainly had hopes of at least getting a committee vote.

One of the things that pushed us aside this year was 'Jessica's Law' which is an interesting case study.   Vallario (House Judiciary Chair) would not allow a vote on that one last year.  Frosh (Senate Judicial Proceedings Chair) would not allow a vote on it last year.  It looked like a dead issue this year, and yet, as time was running out the Rob Douglas WBAL radio show, and the Bill O'Reilly TV show each took up the cause ... and with pressure from them and from hundreds (thousands?) of citizens ... committee votes were allowed and the bill easily passed.  This is the kind and amount of pressure that it will take to pass our bills next year.  We've got 9 months to get things in place to do that.  It will take a lot of work.

2) ACCOMPLISHMENTS  

We accomplished a lot this year. (When I say 'we' I mean we gunnies ... MSI was active and working hard, but many other gunny groups were essential too.)  It wasn't enough to get a committee vote, but it was more than any previous year:

- Lobbied - MSI tried to have someone in Annapolis every day.

- Commissioned a legal analysis - rebuttal of the AG Opinion that the 2nd amendment does not apply to Maryland (available on the AWB page of our web site as a .pdf  -- http://www.marylandshallissue.org/images/legan.pdf  )

- Led the alert that the AWB would also ban all semi-auto pistols.

- Sent flyers to all (400+) gun shops and clubs in the state concerning the AWB.

- Helped welcome Clayton Cramer  to the area to start the promotion for his new book "Armed America"   http://www.claytoncramer.com 

- Put out 4 press releases (AWB, Clayton Cramer's "Armed America", Girls Just Want to Have Guns, Slavery - Don't Apologize if You Don't Mean It)

- Flew Suzanna Hupp in from Texas to testify for CCW.

- TV News coverage (AWB and Suzanna Hupp) -- surprisingly positive coverage!

- Radio coverage (Rob Douglas - WBAL 1090 AM) -- very supportive!

- Radio Ads for shall-issue on the Ron Smith Show on WBAL

- Historical list of Maryland laws concerning carry of weapons - going back to 1642  (did you know that open carry of firearms was legal for all citizens without a permit until 1972?)  -- this will be put on our web site this weekend.

We done good.  While it wasn't enough to get a vote .... apparently it was enough to make Chairman Frosh quite nervous.  The TV coverage had Frosh saying "I don't think the average person on the street needs a concealed weapon" followed immediately by Suzanna Hupp saying "What about the nurse getting off a late night shift."   The news that day was also great ... the Parker v. D.C. decision found that the 2nd amendment is an INDIVIDUAL right.  ... while Frosh is on TV saying "We know that's not the case."

It was probably because of the momentum that we'd built up that Frosh (a) scheduled a vote on 'Jessica's Law' for 4 PM the day of our CCW hearing while (b) hearing the CCW bill last in the schedule ... thus setting up a conflict between the two ... hoping to destroy them both in the process. Fortunately, it didn't work.  We got heard, though we tried to cut it short ... and 'Jessica's Law' got the committee vote and passed.

3) TIME FOR A NEW APPROACH?

I believe that CCW reform has been introduced most every year for more than the last 15 years... but hasn't gotten any real traction... not even a committee vote to speak of.  Is it just that we haven't pushed hard enough .... or do we need an entirely different approach?  Another possible approach is through the court system.  Unfortunately, this has been tried before (Onderdonk, and Scherr) and failed - resulting in bad precedent.  In order for this to work we not only need to have a very strong case (one strong enough to persuade liberal judges here in Maryland, but also strong enough to overcome precedent.  The Parker v. D.C. case gives us hope that this might be possible.  If the Parker case goes to the Supreme Court, and if the Supreme Court determines that the 2nd Amendment is an individual right, the floodgates should open.  Both Onderdonk and Scherr cases upheld the denial of Carry Permits on the grounds that the 2nd amendment is not an individual right and/or does not apply to Maryland.  If Parker wins then these precedents here in Maryland will be largely thrown out, or at least reconsidered.  Parker does not address the carrying of handguns, but only the keeping of them in one's home.   However, the other part protected by the 2nd is "bearing" arms ( the right to keep and bear arms shall not be infringed).  If the first is protected then the second part must be as well. How will they define "bear" ?  It depends on what the definition of is is....  Bear has been defined by some in only military terms ... but if the 2nd is an individual right then that definition doesn't make as much sense.  Bear also means 'to carry'.  Will they then allow concealed carry as an individual right for all?  If not, will they then have to allow open carry?

This is something that will have to go through the courts.  The better prepared for it that we are the more likely we'll have a good decision with a good outcome.  Parker has already done a huge amount of the research and opened the door.  Like Parker v. D.C.  what we'll need is a group of plaintiffs who are squeaky-clean and willing to take this to court.  We'll need lawyers who are very familiar with the 2nd amendment and willing to fight.  We'll need extensive research.  We'll need a pile of money (probably $50,000 to start).  This is just thinking in advance.  We're not ready to do this .... and it's possible we won't ever be ready to do this ... but we should be working at it and setting things up as we can.  

We have the legal analysis "The Right of the People of Maryland to Keep and Bear Arms" by Titus, Olson and Miles which we commissioned which makes the case that the 2nd does apply to individuals in Maryland.

We have one possible plaintiff who was raped, and was granted a carry permit for a while, but then was denied a renewal while her rapist was released from jail, in her neighborhood and making threats to her.  It's not too soon to assemble a group of possible plaintiffs who are squeaky clean, have clear need of self-defense, and HAVE APPLIED FOR A PERMIT AND BEEN DENIED.  If you fit these criteria, please contact me.

4) SECOND AMENDMENT SISTERS

Women have been the key to getting CCW in many other states.  Jane Weaver has taken over as Maryland Coordinator for the Second Amendment Sisters (SAS).  If you're a woman interested in self-defense, or know a woman who is, please contact Jane and join.  Actually, men can join too.  I'm a member (or was ... I'll have to check to see if I'm current).  Contact Jane at: md_coord@2asisters.org

5) SAVETHE2ND.ORG

Rally set for 4/28/2008  (next year).  One of our members, Greg Myers, is heading the effort.  Discussion at http://www.savethe2nd.org/forum/index.php?PHPSESSID=p479a51snvnere8t2oc9gifud4&board=23.0

or  http://tinyurl.com/33h5pf

6) DISCUSSION GROUPS

Please check out the Discussion Links on the Links page 

( http://www.marylandshallissue.org/links.html ) and join in (or just listen) to some of the discussions.  Now that the session is over as far as self-defense there will be fewer Updates from MSI, but getting together with other folks to further our goals is necessary if we are to progress farther next year.

7) READ A GOOD BOOK

Molon Labe  -- Boston T. Party

Summary: In a hopelessly repressive American future, liberty-minded patriots quietly move to and take over Wyoming at the ballot box, institute freedoms the Founders would be proud of, and build up to a stunning confrontation with corrupt federal officials who declare them in insurrection.
_____

The United States has slipped into such a repressive state that citizens are taking action against the worst officials by “disappearing” them. Emulating the Free State Project, (which in 2003 unfortunately picked tiny New Hampshire to launch a constitutional version of the American Dream), libertarians quietly begin moving to Wyoming, and county by county, take control of the government.

Once a liberty-loving Governor is in office, they begin making changes that make your mouth water -- and infuriate central federal authorities. The state refuses federal highway funds then run the roads their way, turn down education funds and run the schools their way. A tax credit is offered for marksmanship with a .308, building a significant state militia. They pass a law so anyone openly wearing a sidearm pays no sales tax while shopping at retail! Crime drops near zero. The remaining liberals, infuriated, begin wearing realistic toy guns to beat the tax, then get arrested -- get this -- for tax fraud!

It all builds to a thrilling confrontation with federal forces, with the hopes of true freedom in the balance. If a state ever went this way, you’d move there in a heartbeat. This book fills you with a sense of hope, and rekindles the American spirit. 454 pages, $24, paperback. Click here for order form

(The title comes from the famous Battle at Thermopylae in 480 B.C., where 300 Greeks held off a million invading Persian soldiers at a mountain pass. The Persians said, "Lay down your arms and we will let you live." Spartan King Leonidas replied, Molon labe, "Come and take them." The Greeks were wiped out to a man, but bought enough time for their countrymen to prepare to repel the invasion.) 

- Henry Heymering, President

 

Site last updated 2/12/2008