Maryland House Bill 52 - Gun Reciprocity with bordering states

This is a discussion on Maryland House Bill 52 - Gun Reciprocity with bordering states within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Maryland House Bill 52 - Gun Reciprocity with bordering states By Scott Strzelczyk The Maryland House of Delegates Judiciary Committee is currently reviewing House Bill ...

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Thread: Maryland House Bill 52 - Gun Reciprocity with bordering states

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    Member Array JXONE's Avatar
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    Maryland House Bill 52 - Gun Reciprocity with bordering states

    Maryland House Bill 52 - Gun Reciprocity with bordering states
    By Scott Strzelczyk


    The Maryland House of Delegates Judiciary Committee is currently reviewing House Bill 52 (HB52) entitled “Regulated Firearms – License Issued by Delaware, Pennsylvania, or Virginia – Reciprocity”, sponsored by Delegate Smigiel (District 36). The purpose of the bill is to specify that a license issued by any of the three aforementioned states to an individual to carry a regulated firearm, including a concealed regulated firearm, is valid in Maryland; and generally relating to regulated firearms.

    Originally, the Bill of Rights did not apply to the States. Not until the 14th amendment was ratified as part of the reconstruction amendments did the Supreme Court apply the Bill of Rights to the states, excluding the 9th and 10th amendments. By virtue of that action the 2nd amendment also applies to states. The 2nd amendment explicitly provides that all citizens have the right to bear arms. It is clear, concise, and unambiguous.

    Maryland has severe restrictions on the right-to-carry and Maryland requires a license to legally purchase a handgun in the state. Personally, I believe this violates Marylanders 2nd amendment right to bear arms. However, HB52 applies to citizens of the states adjacent to Maryland to bear arms in Maryland if they have the appropriate license in their home state.

    In its simplest form this is reduced to who protects the individual in society. Gun control advocates believe guns result in more violent crimes and that the police provide protection, therefore citizens don’t need to own guns. Gun rights advocates believe in their individual right to bear arms according to the second amendment and to use those arms to defend themselves, their family, and their property.


    This I did not know
    Most citizens are unaware that police are under no legal obligation to protect them. Yes, that is correct! The police are there to serve the public good in general, not to protect any one individual. In fact, the court has ruled this to be the case. In Warren v. District of Columbia, 444 A.2d 1, the court held that official police personnel and the government employing them are not generally liable to victims of criminal acts for a failure to provide adequate police protection. In other words, if an assailant pulls you from your car at a stop light and beats you senseless, while a police officer watches the assault from their vehicle, the police officer doesn’t have to do anything to prevent or stop the crime. The police cannot be held liable for a lack of action on their part to protect you.

    Not to mention that the police are not present to stop a crime, but rather they arrive after a crime has occurred. If a criminal enters your house at three in the morning to rob, assault, rape, or kill you, are the police present to stop the criminal? No, you are responsible for defending and protecting yourself.


    All Marylanders should contact members of the Judiciary committee regarding HB52 and request the committee release the bill so the House of Delegates can vote on it. Below are the e-mail addresses of the House Judiciary Committee. Please send an e-mail to all members asking they release the bill from committee for a vote on the House floor.

    Judiciary committee members and e-mail addresses:

    joseph.vallario@house.state.md.us, samuel.rosenberg@house.state.md.us,
    curtis.anderson@house.state.md.us, ben.barnes@house.state.md.us,
    jill.carter@house.state.md.us, frank.conaway@house.state.md.us,
    kathleen.dumais@house.state.md.us, don.dwyer@house.state.md.us,
    william.frank@house.state.md.us, jb.jennings@house.state.md.us,
    kevin.kelly@house.state.md.us, benjamin.kramer@house.state.md.us,
    susan.lee@house.state.md.us, gerron.levi@house.state.md.us,
    susan.mccomas@house.state.md.us, tony.mcconkey@house.state.md.us,
    victor.ramirez@house.state.md.us, todd.schuler@house.state.md.us,
    luiz.simmons@house.state.md.us, michael.smigiel@house.state.md.us,
    kris.valderrama@house.state.md.us, jeff.waldstreicher@house.state.md.us

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    Member Array NosaMSirhC's Avatar
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    I sure would love to see MD honor my VA CHP but I won't hold my breath.

    I make some trips into the "nicer" parts of Baltimore for work at some odd hours and this sure would give me some peace of mind..

    Be Safe,

    NosaM
    "In a crisis, you will not rise to the occasion, but you will default to the level of your training."

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    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by JXONE View Post
    Maryland has severe restrictions on the right-to-carry and Maryland requires a license to legally purchase a handgun in the state.
    I am fully aware of Maryland's less than optimal firearms laws, but this statement is not true. No license is needed to purchase. The only requirement is that "restricted firearms", which means handguns and anything on the state assault weapons list, must be registered with the State Police as part of the purchase process.

    Surprisingly, the entire proposed law is only one sentence and it is not specific to residents of the issuing state; since that makes it an end-run around the Maryland licensing process, I unfortunately expect this to die before it gets to the full Assembly, or possibly even get vetoed if it does get passed.

    Well, here's hoping.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

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    VIP Member Array Janq's Avatar
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    Yep and agreed with Kazz. ^^

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    I'd be absolutely stunned if this ever passed in Maryland.

    Matt
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    Quote Originally Posted by MattInFla View Post
    I'd be absolutely stunned if this ever passed in Maryland.

    Matt
    You're not the only one! If it did, I'll be adding a VA CCW to my collection!
    Rick

    EOD - Initial success or total failure

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    Distinguished Member Array Madcap_Magician's Avatar
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    I find it highly unlikely that a state that effectively forbids CCW will suddenly recognize the permits from very liberal CCW states like Virgina or Pennsylvania. About as unlikely as getting a rainbow-farting unicorn by FedEx today.

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    Distinguished Member Array kazzaerexys's Avatar
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    The interesting thing is that Maryland has no specific law about non-resident permits; since there is no reciprocity under existing Maryland law, there is no law addressing whether the carrier's permit must be issued by his resident state. So if HB52 goes into effect as is, it simply has the effect of changing the pool of accepted permits from MD only to MD, PA, VA, or DE.

    Frankly, I'd not want to be the test case for proving that a MD resident would be legal to carry in MD under a VA permit, but the strict reading of that law would say yes.

    Again, it won't pass, but maybe things'll be different after MacDonald v. Chicago, anyway...
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

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