Posts Tagged maryland

Fourth Circuit Manipulating Procedure To Advance Anti-2A Rulings

From Ammoland:

Mark Smith, a constitutional attorney and gun rights advocate, has long speculated about judicial misconduct within the Fourth Circuit. His suspicions were recently confirmed through a detailed dissent in the Bianchi case, revealing how anti-gun judges played dirty to suppress a pro-Second Amendment ruling.

This passage reveals that the initial panel had reached a pro-Second Amendment decision by December 2022. However, a dissenting judge delayed circulating their dissenting opinion, effectively stalling the release of the majority decision. This delay allowed another panel to issue an anti-Second Amendment ruling in a separate case (United States v. Price), which conflicted with the Bianchi decision. This conflict prompted the Fourth Circuit to rehear the Bianchi case en banc, ultimately leading to an anti-Second Amendment ruling. This strategic stalling and procedural maneuvering illustrate the manipulation within the court to suppress a favorable Second Amendment ruling. ​

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Black Shooting Range Shutdown By Maryland

From MSN:

Some of Bell’s neighbors didn’t share that view. Disturbed by the noise and risk of errant gunfire, nearly 40 of them supported a petition demanding that the range be shut down, the Southern Maryland News reported. Tomlinson, in particular, said he feared for his safety, since his farm sits downrange from a backstop for bullets on Bell’s property that he called “totally ineffective.”

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The Fight Against Gun Bans Heats Up

From Bearing Arms:

This is one of four cases that the Supreme Court sent back to lower courts after issuing its decision in New York State Rifle & Pistol Association v. Bruen, and the only one of the four that deals with a ban on so-called assault weapons. The Fourth Circuit maintains that the state’s ban is perfectly in line with the Constitution because, in the court’s view, AR-15s and other semi-automatic long guns are “like” machine guns, and therefore aren’t protected by the Second Amendment.

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Smith and Wesson Finally Leaves Maryland For Tennessee

From Ammoland:

Mark Smith, President and Chief Executive Officer, said “This has been an extremely difficult and emotional decision for us, but after an exhaustive and thorough analysis, for the continued health and strength of our iconic company, we feel that we have been left with no other alternative.” He specifically cited legislation recently proposed in Massachusetts that, if enacted, would prohibit the company from manufacturing certain firearms in the state.

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Supreme Court Refuses Bump Stock Case

From Associated Press:

The high court on Monday turned away a challenge to the ban, which took effect in October 2018. A lower court had dismissed the challenge at an early stage and that decision had been upheld by an appeals court. As is typical, the court didn’t comment in declining to take the case.

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Maryland Attacks Private Transfers

From Guns.com:

The expanded background check law prohibits a person from transferring a rifle or shotgun to another individual unless a NICS background check had first taken place. Those found guilty of doing so face as much as six months in prison and a $10,000 fine. Few exceptions to the law, such as for police or military service, or for inoperable guns given to a museum, are allowed.

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Maryland Man Sentenced To One Year For Having A Party

From Ars Technica:

A Maryland judge sentenced a man to one year in jail after finding him guilty of throwing two large parties in violation of a state pandemic order that banned large gatherings. Police were called to the man’s home twice in one week, and he refused to disband the party on the second occasion, authorities said.
Shawn Marshall Myers, 42, was sentenced on Friday at the District Court of Maryland, said an announcement by the state’s attorney for Charles County. Myers’ legal troubles began on March 22 when “multiple officers responded to Myers’ residence… for the report of a large party” violating Governor Larry Hogan’s order in which “large gatherings were strictly prohibited,” the state’s attorney office said.

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Maryland Gun Stores Challenge Law On Customers’ Behalf

From Reason:

So the Fourth Circuit held today in Maryland Shall Issue v. Hogan, in an opinion written by Judge Steven Agee and joined by Judges Barbara Keenan and Julius Richardson. The court cited Supreme Court cases that allowed alcohol stores to assert their prospective customers’ Equal Protection Clause rights in challenging sex-discriminatory drinking ages, and contraceptive sellers to assert their prospective customers’ substantive due process rights. The district court will now need to consider whether the Maryland law is consistent with the Second Amendment.

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Gun Control Leads To More Dead Innocents

From The American Conservative:

As I reported in American Conservative here and here, a Montgomery County SWAT team launched an unprovoked attack on the Lemp family home at 4:30 a.m. on March 12.  Lemp was fatally wounded by the first shots that the police fired through his bedroom window. His family says he was sleeping in bed with his pregnant girlfriend at the time.
 Police claim that they received an anonymous tip two months earlier that Lemp possessed firearms. The police department asserted  Lemp was prohibited from owning firearms due to a juvenile conviction but there are apparently zero court records or other records to support that justification.  Regardless of Lemp’s juvenile history, there was no evidence that he posed an imminent threat justifying a frontal assault that included throwing flash-bang explosive devices into the family home. 

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Red Flag Laws Hurting Innocents

From Reason:

One thing is certain: Taking away people’s guns based on predictions of what they might do with them raises thorny due process concerns. That’s especially true with laws like Maryland’s, which authorize broad categories of people to seek ERPOs based on scant evidence and effectively put the burden on gun owners to demonstrate that they don’t pose a threat to themselves or others. While the benefits of these laws are mostly speculative, they inevitably deprive law-abiding people of the constitutional right to armed self-defense, even when it is quite unlikely that they would use guns to hurt themselves or anyone else.

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Another Death From “Red Flag” Law

From Gateway Pundit:

Last November a 61-year-old Maryland man was shot dead while police were trying to serve him a “red flag” order.
 
The local officials said it was a sign the law is needed.
There’s more…
The police arrived at his house at 5 AM.
The old man had a gun in his hand and was shot dead!

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Lawmaker Calls For “Doxxing” Gun Activists

From Bearing Arms:

Maryland Democratic Party Secretary Robbie Leonard took to social media to post photos from a Maryland House Judiciary Committee meeting in late February, where gun rights activists wore “We Will Not Comply” shirts during the hearing on additional gun control measures, along with a message calling the advocates “homegrown terrorists” and calling on his followers to “dox” them.
“I hope the FBI runs the name of every witness who is wearing a t-shirt that says ‘We Will Not Comply,’ Leonard said in one Facebook message. “They’re a bunch of terrorists in the making.”

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Gun Control And Red Flag Laws

From St. George News:

Two firearms-related tragedies have taken place in the past week. One is a matter of intense media focus while the other is being downplayed.

It’s a revealing example of the kind of statist blind faith that encourages true believers to trust the authorities to protect them even as it makes it as difficult and expensive as possible for the law-abiding to protect themselves. We’re supposed to believe that if enough people are willing to give up their freedom and the primary responsibility for their own personal safety, bad things will cease to happen.

Someone is trying to sell us a box of rocks.

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Red Flag Law Results In Police Killing Man

From Baltimore Sun:

Two Anne Arundel County police officers serving one of Maryland’s new “red flag” protective orders to remove guns from a house killed a Ferndale man after he refused to give up his gun and a struggle ensued early Monday morning, police said.

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Maryland Gun Law Challenged

From The Truth About Guns:

“We’ve joined in this brief because Maryland’s licensing process is expensive and lengthy, and a right delayed is a right denied,” said SAF founder and CCRKBA Chairman Alan Gottlieb. “No citizen should have to jump through so many hoops simply to have a gun in their own home. There were no such requirements or regulations in Maryland at the time the Constitution was ratified, and the current regulatory scheme seems more intended to discourage responsible firearms ownership than guarantee that gun owners safely handle their firearms.

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