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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
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To: 185JHP
Or OTOH we are one justice away from a ruling that there is NO individual right to KABA.

It just comes down to whether we get a Ruth Baider Meinhoff or a Scalia.

41 posted on 01/22/2002 10:57:23 PM PST by Travis McGee
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Comment #42 Removed by Moderator

To: Travis McGee
Or OTOH we are one justice away from a ruling that there is NO individual right to KABA.

It just comes down to whether we get a Ruth Baider Meinhoff or a Scalia.

Travis, I thought you agreed with me about rights are something you claim as yours.

These people you mention, they're just people. They get paid more than we do for doing much less, but they're just people. They can't take your rights because they didn't give them to you to begin with.

You seem a little more, shall we say, pessimistic, than usual, Travis. Don't let 'em put you in a box, think outside the box, OK?

43 posted on 01/22/2002 11:10:09 PM PST by BikerTrash
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To: BikerTrash
The problem is, they are defining our rights down until we must inhabit a very tiny box to be considered "law abiding".

Step outside the narrow confines of their legalistic box, and you may find a "gun enforcement" SWAT team has your name.

They won't give a damn if you "consider yourself a free man" or not.

They'll just throw in the flashbangs, all in a night's work for our new gun gestapos.

44 posted on 01/22/2002 11:20:54 PM PST by Travis McGee
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To: Travis McGee
Everything you say is probably true, in fact, has happened already.

But you play the cards you're dealt, right? Us old bikers, (and most of the younger ones, bless their confused, little hearts), live by a creed. The gist of this creed has been verbalized in many different ways over the years. Boiled down to as few words as possible, the latest incarnation of the creed is painted/scratched/emblemized/decaled on many, many bikes.

Live free or die.

This is most assuredly not macho keyboard posturing, it is the way I live. It's the way I've always lived. It's the way I will continue to live until I ain't livin' no more. And it's not even my fault. I was told over and over again in grade school that this is a free country. I guess I was brainwashed, and they did it to me. And now, I'm too old to change.

I am not alone either, and it ain't just bikers. Lots of freepers live this way. Lots of a lot of people live this way.

I don't know how this all will end, but I do know that there are too many people who won't roll over and play dead for 'em. America, ugly liberal socialist warts and all, is still a purdy good place to be. On account of the people mentioned above, no doubt. So keep the faith!

45 posted on 01/22/2002 11:50:00 PM PST by BikerTrash
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To: Travis McGee
OK. We'll know more later. FReegards and stay safe. And "molon labe."
46 posted on 01/23/2002 12:06:38 AM PST by 185JHP
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To: Travis McGee;monkeyshine;Mulder;Squantos;

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?

Seventy-five percent of the population breaks the law at least once a week; 20% break the law daily. Probably the only people not breaking the law are mostly young children. Give them a few more years and they'll be sucked into the "criminal" category too.

The U.S. Code contains all federal statutes and consists of 56,117 single-spaced pages. Taking up nine feet of shelf space consisting of forty-seven volumes. The Code of Federal Regulations consists of more than 134,500 pages of regulatory law spanning twenty feet of shelf space. Judicial precedents for Federal law stretch across 490 feet of law-library shelving that consists of 2,756 volumes.

How many of of those laws have you broken?

If it was possible to have enough cops to apprehend and process all law breakers and run them through the justice system society would run headlong into destruction. In a day society would come to a screeching halt. 

47 posted on 01/23/2002 12:33:53 AM PST by Zon
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To: Travis McGee
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.

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." - Atlas Shrugged


48 posted on 01/23/2002 12:42:30 AM PST by Zon
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To: Travis McGee;expose;DoughtyOne
These is why citizens must agree to in advance to mutually defend their friends, family and neighbors from Un-Constitutional Gun Confiscation.

This way if some Gestapo stormtroopers, Chi-Coms or UN Gun Confiscation teams come to do illegal gun confiscation several of the targeted citizens nieghbors can fire from their homes or surrounding woods, etc and take out the criminal attackers with large caliber rifles in a defensive sniper fashion.

If say a forty man team shows up and violently breaks into a home to confiscate(steal) their weapons, and three nieghbors with 30.06's or 50 cal. and take out five or six of them, the rest will quickly retreat.

And resistence builds more resistence by inspiring others to mutually defend themselves in a like fashion, and also puts the fear of God into the criminal attackers.

49 posted on 01/23/2002 12:44:49 AM PST by t-shirt
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To: Zon
They don't want to stop actual crime, crime (Especially violent crime) is needed to scare people into giving up more rights.

But by making some many small things(some not even actual crimes) punishable by removal of one's firearms and removal of one's Constitutionally protected right to defend ones self with arms, you can arbitrarily, gradually disarm most people, or place them in prison, or put them in jeapardy of their life.

Whichever case, the tyrant can achieve his goal of disarmament of the most of the citizens and the intimidation of being arrested, killed, etc. of most of those who aren't as easily disarmed.

50 posted on 01/23/2002 1:01:40 AM PST by t-shirt
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To: Resplendent
"Face it, Freepers. Liberals are going to take away your guns and mine. They are going to socialize our medical system/country, and you will be disarmed. Why do I say this? Because they will not give up, but eventually Conservatives will give in, as we always do."

Do you have as much guts as a poor black woman named Rosa Parks did? She was risking a whole lot more doing "civil disobedience" in the Jim Crow South of the time - where "uppity" blacks were commonly lynched - than you would be doing "civil disobedience!"

Or are you admitting you just don't have the guts a poor black woman in George Wallace's Alabama had?

Because - if you don't - there are millions of others who do throughout Red Nation!

GUN REVIEWS free from ad-money bias - emphasizing woman-friendliness of tested guns!

51 posted on 01/23/2002 1:10:12 AM PST by glc1173@aol.com
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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?

Let's just say I didn't get caught,and leave it at that.

52 posted on 01/23/2002 1:27:56 AM PST by sneakypete
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To: 1FreeAmerican
Time to hide 'em.

No,it isn't. If you have to hide your guns,the anti-gunners have already won. I ain't hiding a damn thing,I ain't denying anything I have,and any time they want to come take them away from me,let them have right at it. My conscience will be clear.

53 posted on 01/23/2002 1:39:07 AM PST by sneakypete
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To: Resplendent
[Conservatives will give in, as we always do]

Conservatives don't give in, republican politicians do. Look at what the "conservative" Maryland delegate has to say about it. He thinks anyone who has spent a year in jail should never have a gun again. With that kind of "champion" for our rights, we're doomed anyway.

I'm not letting them disarm me. You can give in if you like.

54 posted on 01/23/2002 1:40:35 AM PST by Twodees
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To: MissAmericanPie
I suppose the globalist have it figgured this way, over run us with immigrants to over ride the Constitution and laws of the natural born American,

Dat be de plan. It's going to work,too. We will soon have a population of "instant citizens" who have never had a Bill of Rights,don't know what a Bill of Rights are,and who will never miss what they never had before and don't even know they have now.

55 posted on 01/23/2002 1:41:32 AM PST by sneakypete
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To: 1FreeAmerican
[Time to hide 'em]

Nope, the day we hide them is the day we're done for. Having a hidden gun that you're not allowed to posess by law is simply final proof that you're a slave.

When the king's men moved to take the guns and ammo in Concord, what happened? The same thing had better happen again, or we're done for as a nation of men.

56 posted on 01/23/2002 1:44:53 AM PST by Twodees
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To: Travis McGee
Hey, Chuckie Schumer, might I remind you of why guns are indispensable to liberty?

AAAAAAAAALLLL ABOOOOOOOOARRD!!!

57 posted on 01/23/2002 1:55:03 AM PST by Tolerance Sucks Rocks
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To: Don Joe
Under these definitions of scofflawry izzat a real word?!? one would have to be an introverted nerd who never entered a bar, concert, or sporting event in his life to get a gun or license!
58 posted on 01/23/2002 1:58:26 AM PST by Tolerance Sucks Rocks
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To: Travis McGee
Yep, you're right. What's chilling is the suggestion by some FReepers that Rudy Guiliani be appointed. It's ridiculous that they think he's a conservative just because he's a republican.

You know, the pompom shakers on here scoff at anyone trying to realistically asess the course of tyranny. They express alarm that any of us would consider fighting back against our government. By their insistence on marginalizing us, they're creating the conditions which will ensure that we end up having to fight our own government.

59 posted on 01/23/2002 1:58:49 AM PST by Twodees
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To: Twodees
When the king's men moved to take the guns and ammo in Concord, what happened? The same thing had better happen again, or we're done for as a nation of men.

56 posted on 1/23/02 2:44 AM Pacific by Twodees

Correct

See my posts #49 and #50.

60 posted on 01/23/2002 2:06:21 AM PST by t-shirt
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