Interpretation of Law Allows [Gun]Confiscation ("Misdemeanor.. At Anytime Allows Gun Confiscation")

Cumberland Times-News ^ | January 17, 2002 | MICHAEL A. SAWYERS

[t-shirt]

Interpretation of law allows confiscation

MICHAEL A. SAWYERS

January 17, 2002

Cumberland Times-News Staff Writer

CUMBERLAND -- Under the current interpretation by the Maryland attorney general concerning the confiscation of firearms, citizens who had misdemeanor transgressions at any time in the past could have their guns taken, according to Delegate Kevin Kelly.

Such misdemeanors include cheating, defamation of private persons, unlawful assembly, blasphemy, profanity, common scolding, disturbance and disorderly conduct.

"As long as a person could have been sentenced to one year or more in jail, their guns can be confiscated," Kelly said.

"If you actually spent more than a year in jail then you did something bad and I don't want you to have a gun either. But like in Larry's (Dicken) case, two young bucks got into a shoving match and he has been law-abiding ever since then. He should be allowed to have his firearms."

Dicken said he didn't even use guns until after his son graduated from high school in 1998 and he found himself needing something to do.

"My brother hunted and I got into it that way and found that I enjoyed shooting and hunting," Dicken said.

Kelly said his fellow legislators tell similar stories involving their constituents elsewhere in Maryland. His request in October for state police to quantify such confiscations and explain the individual convictions upon which actions were based has gone unanswered.

He is sponsoring a bill that would prevent state officials from enforcing the federal statute that allows confiscation of the weapons. It also would prohibit anyone who was sentenced to a year or more in jail from owning or possessing a gun.

"I'm hopeful that the bill will pass and that I will be able to use the firearms again," Dicken said. "At first I was so upset that I brought in my American flag from out front. I felt like I didn't have any freedom anymore. Then Sept. 11 came and everybody everywhere was buying guns to protect themselves, but I wasn't allowed to protect myself. Now, I've got $5,000 worth of guns I can't use and I paid for a membership at the Fort Hill Rifle Club and I can't shoot. I hope it works out. I really want to go hunting next year."

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[blackbart.223]

On that note, good night to you.

[Travis McGee]

Ewe tu.

[wardaddy]

I think some criminals should forfeit their second amendment freedoms...forever. The north Hollywood bank robbers had they survived would be a good example......predators in general.....just my view....I must confess....I'm no stranger to these types of folks.

[Constitutional Patriot]

"Because they will not give up"

And neither will we. A backlash is on its way and they will pay a price.

[t-shirt]

We haven't any choicwe cannotever give up.

We must resist gun confiscation to the death when necesaary.

And we need to have that "drilled into our heads" as our sacred oath. Anything less is agreeing to allow ourselves and our families to be defenseless slaves to be murdered at will by the government or any tyrant or criminal who comes along.

[t-shirt]

Should they forfeit the rest of their Bill of Rights as well?

[luvzhottea]

2nd Amendment Rights:
Attacks on American Muslims Reaffirm Wisdom of 2nd Amendment

Gun Owners of America

Women Against Gun Control

The Firearms Coalition NEAL KNOX

[luvzhottea]

Should they forfeit the rest of their Bill of Rights as well?

Great point!

[archy]

We haven't any choicwe cannotever give up. We must resist gun confiscation to the death when necesaary.

And we need to have that "drilled into our heads" as our sacred oath. Anything less is agreeing to allow ourselves and our families to be defenseless slaves to be murdered at will by the government or any tyrant or criminal who comes along.

I made arrangements to have another good rifle come my way yesterday- without benefit of any paperwork.

It'll be cleaned and tuned, set up to be as efficient as I can make it, and it'll be located in a nice safe place nowhere near my residence, along with a good supply of ammunition, where it'll be available when needed.

I hope and expect to have better and more preferable equipment available to me, but it will remain as insurance and a fallback plan in the event that is not the case. Alternately, should I run across a deserving soul who requires a good piece to replace one damaged or otherwise unserviceable, that insurance policy of mine can be collected. It is particularly ironic that it is a relic of that evil empire that held too many under its blood-red hammer-and-sickle banner for two long, but then again, as our political system becomes more like that one it also becomes more desrerving of the same fate, and perhaps that old rifle will outlive them both.

It can kill an enemy at a half-mile if its operator does his part, and at a quarter-mile without hardly trying. And every time I hear of additional such *interpretations* of the constitution, I remind myself that the same more and more diluted constitution is also the only source for any legitimate authority of those who would present any such laws; pretty soon we need pay no attention to their mumblings whatsoever.

And every time I hear of such things, I pick up some more ammunition, or another spare rifle, or another set of easily-made automatic weapons parts. The time is coming...and soon....

-archy-/-

[wardaddy]

Eric...your question is rhetorical. Folks go to prison for punishment or to be locked up away from society for either long periods of time or forever if they are indeed a threat. Breaking the law and going to jail does not de facto make one a threat to society...at least not in a physical sense. There is no assurance that because someone has served their "punishment" that they are rehabilitated or no longer a threat. Therefore it seems common sense to me to draw the line on gun ownership at violent felons...predators in other words. Someone caught with say a boatload of pot and goes off to the Feds for a ten spot and someone who robs armoured cars with M-16s would be examples of someone who should and should not respectively reattain their gun rights upon completion of parole or supervised release yet neither unless they have killed someone is typically going away for life.

[wardaddy]

No.

[t-shirt]

To me the right to defend yourself and your family is about as basic as your to eat and have water.

[t-shirt]

So then why is the Second Amendment so much less valueable to you then the rest of the Bill of Rights?

[wardaddy]

It is not less valuable. I see no reason to allow folks who have proven themselves to be a serious threat with firearms to be allowed to have that right again. My feelings on how this applies to other constitutional rights is of no consequence since other rights have less tangible repercussions.

Are you saying that someone who robs folks with a gun and perhaps wounds one of his or her victims should after serving their 20 years or so be allowed to possess modern firearms?

I guess we will just have to disagree but you are broadstroking to drag all other Bill of Rights issues into this particular subject. Ironically my own perspective is much much more forgiving that most Federal and State and Local statutes governing this topic.

How many FReepers including yourself are enduring this in reality. I know....who's gonna admit it?

[t-shirt]

Why should such a man then bellowed his 4th Amendment---it only makes it easier for him to hid his weapons that you want to make sure he is deprieved of.

[t-shirt]

I made arrangements to have another good rifle come my way yesterday- without benefit of any paperwork.

You mean without the liability of any paperwork.

If you weapons has any paperwork it should only be a bill of sale from the man you bought it from or an owner's manual of sorts listing it's specs, etc.

I hope everyone will realize how easy it is to pick up a copy of a trading magazine a local classied ads and select some good weapons and inexpensively buy them and then learn how to accurately use them.

The line from the movie The Patriot is so important: "Aim small, miss small."

[m1911]

I grabbed part of your #47 for my profile page. Let me know if that's a problem, I'll pull it.

[t-shirt]

If a man doesn't deserve a weapon he should still bein jail or dead or in a nut house.

And if such a man is free an wants to rob or murder he isn't going to obey a stupid Gun Control law anyway!

Are you really so naive to think violent criminals obey gun control laws when they want to rob and murder?