Background Check Bill Veto Overridden

pexels photo 2954926
 
Yesterday, the House narrowly voted to override Governor Hogan's veto of 2020's SB208, which criminalizes the private sale and transfer of long guns. 85 votes were needed to override and 88 unwisely chose to do so. Now that SB208 has been overridden in both chambers, the bill will go into effect in 30 days (on March 13, 2021). Why? Article II, Section 17 (d) of the Maryland Constitution states:
  • 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.
Starting on March 13th, 2021, private sales and permanent transfers between residents of long guns will need to be facilitated by an FFL at your cost. To be clear, this bill does not require licensing or involve the Maryland State Police. You can thank our prior advocacy for that. Rather, it makes it a criminal act to permanently transfer ownership of a long gun to another unless a NICS check is performed by an FFL. The new law DOES NOT APPLY to transfers in ANY of these circumstances:
  • Between "immediate family members" (defined as a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage)
  • Involving law enforcement and military acting within the scope of their official duties
  • Between licensed collectors of Curio and Relics
  • Of an unserviceable long gun sold, rented, or transferred as a curio or museum piece
  • Between those with demonstrable religious beliefs against having photographs taken of them and who does not possess a license or an identification card of any kind with photographic identification
  • A transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will
  • A temporary gratuitous loan of a rifle or shotgun (unless the transferor has reasonable cause to believe that the transferee is a prohibited person).
Join MSI in thanking every lawmaker who voted to sustain Governor Hogan's veto (and to him for his veto!). Special thanks go to Senators Hough, Ready, Cassilly, Carozza, and Simonaire, and Delegates Hornberger, Beitzel, Arikan, Cox, Shoemaker, Ghrist, Mautz, and Buckel for all eloquently speaking in support of Marylanders rights. All of the votes are recorded in our tracker HERE.  We encourage everyone to communicate (civilly) with their representatives on how they feel about the representative's vote. 

Advocacy isn't limited to the 90 days our legislature meets. It is a constant effort and those who do not understand gun ownership or the rights of others do not sleep. Educate your lawmakers. Educate your friends. Advocacy does make a difference.  Don't be a free rider!

The General Assembly is still in session! You can keep track of all the gun bills at tinyurl.com/guntracker.

Latest News

Maryland Shall Issue, Inc. et al v. Montgomery County, Maryland

 
On May 28, 2021, Maryland Shall Issue, Engage Armament, ICE Firearms & Defensive Training, and several residents of Montgomery County, Maryland, filed suit against the County, challenging its enactment of Bill 4-21. That Bill criminalizes the mere possession of privately made firearms without providing compensation and redefines the meaning of "place of public assembly" to encompass virtually the entirety of Montgomery County just in order to criminalize otherwise perfectly lawful firearms possession in the home and elsewhere. The suit seeks declaratory and injunctive relief and an award of damages, including punitive damages. 

You can read the complaint HERE.

Read more ...

Hulbert v. Pope goes to Trial!



We at Maryland Shall Issue send our deepest condolences to the family and friends of Jeff Hulbert. Jeff passed this morning (5/3/2021) surrounded by his loved ones after a lengthy and valiant battle against cancer. He was an outspoken and stalwart proponent of individual rights and a fierce supporter of the Right to Keep and Bear Arms. Jeff founded the Patriot Picket, a group that "hits the bricks" with stylized signs and pointed political messages in promotion and defense of those rights. Please keep the Hulbert family in your thoughts and prayers as we remember and honor Jeff.



A Decision Three Long Years in the Making (and it still isn't over)

The First Amendment protects the right to advocate so in fundamentally important ways, the First Amendment helps protect the Second Amendment. The Fourth Amendment protects against unreasonable searches and seizures, including unlawful arrests. So when two MSI members, Jeff and Kevin Hulbert, were arrested on the sidewalks of Annapolis on the evening of February 5th, 2018 for holding edgy signs that criticized the powers that be in the General Assembly, MSI and the Hulberts swiftly filed suit in federal court in Baltimore for a violation of their First Amendment and Fourth Amendment rights. The arresting officers were named as defendants, but they are represented by counsel from the State Attorney General's Office.

Video of arrests on 2/5/2018 - "1st Amendment Under Attack"

In an opening gambit, the defendants first moved to dismiss the complaint for failure to state a claim, but that effort failed when the Court didn't buy it. Then extensive discovery ensured, which was delayed with the pandemic. That discovery showed that the arrests that night stemmed from a call from the Governor's mansion to have the group moved because the "mansion" did not want to be bothered with questions or attempts at conversations by the protestors. Everyone (including the defendants and other officers at the Capitol Police) admitted that these orders came from the "mansion," but, amazingly, no one at the "mansion" could identify who gave the orders. We did discover that such orders happen as often as twice a month, or whenever someone at the "mansion" decides that the "mansion" does not want to deal with completely peaceful protestors lawfully exercising their First Amendment rights. We can only wonder at the identity of this "mansion" person.

Read more ...

Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org