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Interpretation of Law Allows [Gun]Confiscation ("Misdemeanor.. At Anytime Allows Gun Confiscation")
Cumberland Times-News ^ | January 17, 2002 | MICHAEL A. SAWYERS

Posted on 01/22/2002 9:45:45 PM PST by 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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TOPICS: Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: banglist
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To: Travis McGee
Is there anybody here on this thread that did NOT EVER (honestly now) commit a misdeamenor which would have been punishable by a year if caught and hammered by a judge with a hard on?

Next, they'll go from "misdeamenors" to "traffic tickets".

Do any of us have "rights" any more, or are we merely serfs who have "privileges" at the discretion of our masters?

That is the fundamental question which virtually every issue boils down to.

Our side believes in "rights". The enemy believes in "privileges".

This is an "irreconcilable difference" between the two sides, and the resolution of this issue will determine if we are a nation of Free People or a nation of slaves.

21 posted on 01/22/2002 10:15:46 PM PST by Mulder
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To: t-shirt
You got that right. BUMP and a big hot BANG!

Liberalism must be crushed!
22 posted on 01/22/2002 10:16:00 PM PST by Thorondir
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To: Travis McGee
It doesn't matter, next year it will be "greater than six months" to lose your RKBA forever.
Then it will be one month. Then it will be any misdemeanor.
It's called the ratchet effect, AKA the slow boiling frog.

As it stands now, in Michigan one cannot get a CPL (concealed pistols license) if one has had any misdemeanor in the last three years, eight for other ones (usually involving impersonating law enforcement or obstructing LEOs). Of course, it's also a misdemeanor in Michigan to curse within the hearing of women and children. (I kid you not!)

Don't forget to put in the traffic infractions; (shrill anti-rights voice) If they can't respect simple traffic laws, what will they do with a GUN (/shrill anti-rights voice).

Rand pointed this out years ago; if the government made so many laws, and made them incomprehensible, then everyone would be a criminal and subject to their control. Another aspect is that many jobs and careers are being cut off from those with any sort of record. That is a recipe for making a permanent criminal underclass. If we treat a person like a criminal, even after their punishment is done, then they will always disrespect the laws and perform criminal acts. Some people are incorrigibly evil; there's no doubt about that. But why condemn a person to a life of outlawry for potentially minor infractions?

The ex-post-facto nature of this so-called "interpretation" has already been discussed.

23 posted on 01/22/2002 10:20:45 PM PST by Chemist_Geek
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To: Travis McGee
It helped a lot when after Patrick Kennedy said "We're going to cram those pro-gun votes down their throats!", the House gained three pro-gun votes, and the Senate only lost one. Recent events in Virginia were also salutary. Not that we should let down our guard - we're not safe yet. Thanks for the ping alert.
24 posted on 01/22/2002 10:21:57 PM PST by 185JHP
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To: Mulder
"Next, they'll go from 'misdeamenors' to 'traffic tickets'."

They already use some traffic tickets as justification to prohibit CCW license in Michigan under the new "nondiscretionary" law (that's the law that still has the "gun boards" that decide whether or not you're a suitable person -- above and beyond any actual convictions).

BTW, what's that nonsense about "common scolding"? Are they serious? Yeah, stupid question, of course they're serious.

Common scolding. Good grief!

25 posted on 01/22/2002 10:23:52 PM PST by Don Joe
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To: Chemist_Geek
GMTA. :)
26 posted on 01/22/2002 10:25:36 PM PST by Don Joe
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Comment #27 Removed by Moderator

To: Mulder
It might get pretty hot before we settle that issue.
28 posted on 01/22/2002 10:27:10 PM PST by Travis McGee
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To: Travis McGee
Do any of us have "rights" any more, or are we merely serfs who have "privileges" at the discretion of our masters?

Well, that depends, Travis.

If you consider "rights" as something someone else gives you, then no, they are gone. Never did exist, actually.

If you correctly define "rights" as something you CLAIM as a FREE MAN, then they are yours. Lock, stock and barrel, as long as you live.

29 posted on 01/22/2002 10:29:05 PM PST by BikerTrash
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To: Chemist_Geek
I need to dig up the Ayn Rand quote about 'so many laws that everyone becomes a criminal subject to government control', and use it under the Schumer "anvil" quote.
30 posted on 01/22/2002 10:30:13 PM PST by Travis McGee
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To: Travis McGee
It ain't gonna work. Every quality law review - without exception - says 2A means what it says. They're flailing around in a bile-filled frenzy - but SCOTUS will come down for us. They're gonna get squashed.
31 posted on 01/22/2002 10:32:09 PM PST by 185JHP
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To: t-shirt
I HATE to say it but they will get their way sooner or later!!

The children of today are being hammered day-in and day-out with the PC mindset from the schoolroom to the television shows they watch! Their parents were, for the most part, raised the same way and they no longer possess the strong moral fiber that is required to turn this shameful attack on our freedoms back!!

On the bright side, most of the liberal messengers are the first to be exterminated when the transformation is complete, because they know it was a lie in the first place...ie...Stalinist Russia!!

32 posted on 01/22/2002 10:32:14 PM PST by Nitro
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To: 185JHP
Under the "Schumer Doctrine" the tyrants NEVER give up. It's always two steps forward, one step back for the gun grabbers.

"Click" goes the ratchet, because the Republicans are too spineless to roll ANY gun laws back.

33 posted on 01/22/2002 10:32:35 PM PST by Travis McGee
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To: BikerTrash
If you correctly define "rights" as something you CLAIM as a FREE MAN, then they are yours. I agree.

Lock, stock and barrel, as long as you live.Which may be until you get the "3AM flashbang wakeup call" from your local SWAT team as a known gun law resistor/domestic terrorist.

(Known from "tips", yellow forms, sales records, ammo purchase credit card records etc etc.)

34 posted on 01/22/2002 10:36:49 PM PST by Travis McGee
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To: 185JHP
Mebbe.

Meanwhile NJ will jail you for an 11 round magazine, ANY 11 round magazine.

MD will take your guns from an ex post facto 20 year old misdemeaonor.

And so on.

35 posted on 01/22/2002 10:38:48 PM PST by Travis McGee
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To: Travis McGee
Which may be until you get the...

Oh well. I did say, "as long as you live."

History proves freedom has a price.

36 posted on 01/22/2002 10:44:43 PM PST by BikerTrash
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To: Travis McGee;ftrader;scrabble;mbb bill;Jethro Tull;Free Vulcan;CharlyFord;edskid;exnavy...
bump
37 posted on 01/22/2002 10:45:00 PM PST by t-shirt
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To: Travis McGee
You're right - things could be better. The enemy is vile and vicious - but things will roll our way. All we need is one more Scalia - 2nd term Bush could deliver him. FReegards
38 posted on 01/22/2002 10:47:49 PM PST by 185JHP
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To: Travis McGee
I understand and I agree. I think once you have done your time (all prison and parole) your right to own a weapon should be restored, and your right to vote.
39 posted on 01/22/2002 10:49:01 PM PST by monkeyshine
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To: BikerTrash
History proves freedom has a price.

Yes, it does.

40 posted on 01/22/2002 10:55:02 PM PST by Travis McGee
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