Legislative Report #01 - January 04, 2023

Dear John,

2A Maryland's website is currently undergoing major post-election updates. It may be some time before we have the extensive information we endeavor to provide. This delay is normal at the beginning of the Session immediately following a state election. The recent redistricting has only exacerbated the situation as many returning legislators are no longer in the same district they represented over the past 4 years.


Two re-elected legislators (Delegate Luedtke and Senator Pinksy) have been appointed to positions in the Governor's administration. The Montgomery County Democratic Central Committee has nominated Bernice Mireku-North to replace Delegate Luedtke. As of this writing, we have no information on who will be nominated by the Prince George's County Democratic Central Committee to replace Senator Pinsky.

In this report:


  • Charles County Gun Ban in and Around Government Buildings - UPDATE
  • Maryland Attorney General - New Face, Same Failed Ideology
  • Sean Kennedy - Maryland Public Policy Institute: Will the Slaughter in Baltimore Ever Subside?
  • Anti-gun group to host virtual meeting with legislators
  • New York Court rules New York's Red Flag Law unconstitutional
  • Montgomery County & School Officials Sued for Not Preventing School Shooting
  • Biden's CDC Ignores Defensive Shootings
  • 2023 Session opens at Noon, Wednesday, January 11th

John H. Josselyn

2A Maryland

Click here to send your comments or suggestions.

Charles County Gun Ban in and Around Government Buildings

Hearing Scheduled for January 11th, 6 - 9 PM


Click here for the hearing agenda & important information.

The proposed ban on firearms in and within 100 yards of County owned/leased/occupied buildings/property is now open for public comment via the County's website. Citizens can input their comments on the form and/or upload written testimony.


Maximum size allowed: 10 MB

Maximum number of files allowed: 2

Allowed types: .jpg, .jpeg, .png, .doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt


You can preview the public comment website page in pdf by clicking this link:


Click here to download the pdf sample of the website form.


Click here to visit the Charles County website and submit your comments.


We requested land plats for all impacted county government buildings from Charles County Associate County Attorney Marc R. Potter. A response regarding our Public Information Act (PIA) request has been promised by the end of this week.


The hearing is scheduled for Wednesday, January 11th between 6 PM and 9 PM.


Note: 2A Maryland will host a Zoom Meeting at 7:30 PM on Monday, January 9th to discuss the Charles County bill and its implications. This meeting is intended primarily for Charles County residents and will be limited to 100 participants and discussion of the Charles County bill.


Click here to add your name to the attendee mailing list. You will receive an email with the meeting invitation and link.


Click here to download Charles County Bill 2022-14


Click here for information on submitting a PIA to Charles County.


Click here to view our December 14th Legislative Report on Charles County.

Information About the Board of Commissioners Hybrid Meetings:


The County Commissioners will be holding these public meetings “virtually" and limited in-person. The public can watch this meeting on Comcast 95 (SD), Verizon FIOS 10, Roku or Apple TV streaming devices (Charles County Government), and the web at www.CharlesCountyMD.gov/our-county/ccgtv-live-stream. Residents without internet service can listen to the meeting at 301-645-0500.


Public Hearings:


In-person: Speaker sign-up will begin 30 minutes (1/2 hour) prior to the hearing at the Charles County Government Building (200 Baltimore Street, La Plata) and will end at the commencement of the hearing.

 

Virtually: Call (240) 776-6709, between 8 a.m. to 4 p.m. on Date of Public Hearing to register to speak. Once registered, citizens will receive a virtual link to testify between 6 p.m. and 9 p.m. after in-person speakers testify. If you are not available to speak when you are called, we have the right to move on to the next caller. Each speaker will be allotted three (3) minutes.

 

Written or voicemail comments may be submitted in lieu of oral testimony, or to expand upon oral testimony, and will be accepted  Date of First Notice starting at 8 a.m. through Date of Public hearing, 5 p.m. for:

 

E-Comment: link will be created for each public hearing

Phone message: call 301-645-0652

Mail: Commissioners of Charles County, 200 Baltimore Street, La Plata, Maryland 20646.

Comments sent by mail must be received no later than Date of public hearing

Maryland Attorney General Anthony Brown - New Name, New Face, Same Failed Ideology

From Anthony Brown's press release:


“Increasing the number of investigations and prosecutions is part of the solution, but prosecutions alone will not be enough,” remarked Attorney General Brown. “So, I’ll be a partner in reducing recidivism, addressing the over-incarceration of young Black and Brown men, combatting hate crimes, enhancing gun safety laws, and reforming our justice system.”


Clearly, Maryland's new Attorney General has learned nothing from his predecessor's failed approach to reducing crime. His press release reflects his lack of understanding regarding the underlying causes of criminal behavior and his failure to grasp the harsh reality that gun control laws impact only the law abiding.


Click here for the new Attorney General's full press release.

Will the Slaughter in Baltimore Ever Subside?

Mayor Scott Has Not Kept His Promise to Reduce Murders

By Sean Kennedy at the Maryland Public Policy Institute:


"ROCKVILLE, MD (January 3, 2023) — In 2022, 333 people were murdered in Baltimore, marking the eighth consecutive year of more than 300 homicides in the city. A 17-year-old girl was shot and killed a mere four hours into the new year, leaving little hope that 2023 will be any less deadly.

 

“Many of the hundreds of victims died because the killer never faced justice for their previous crimes,” said Sean Kennedy visiting fellow at the Maryland Public Policy Institute. “The vast majority of Baltimore's killers are convicted felons, carrying guns, robbing and assaulting residents well before they take a life. We could have cut this year's grim toll in half if we simply got serious about violent and repeat offenders.”


"A July 2022 report by Kennedy found that the vast majority of homicide defendants in recent years had serious criminal convictions prior to the alleged homicide. In fact, 79% of homicide defendants with previous records since 2015 faced jail terms that exceeded the date of the homicide incident for which they were charged. Meaning, their sentences were cut short, allowing them to be on the streets to commit a graver crime."

 

“My new year's resolution for Baltimore is more policing and prosecution and less posturing,” said Kennedy. “Mayor Brandon Scott and Police Commissioner Harrison should work with the new State's Attorney Ivan Bates to put away dangerous criminals for the full extent of their sentence. That would make 2023 a very happy, and safe new year."


The ongoing problem of violent crime in Baltimore is a driving force behind many of the gun control bills we face during each session. Unlike Maryland's new Attorney General, Sean Kennedy "gets it" when it comes to fighting criminal activity. It remains to be seen if Baltimore's new states attorney Ivan Bates can deliver on his promise to incarcerate those who are illegally in possession of firearms in Baltimore City.


Click here to read Sean Kennedy's full Opinion Piece on MDPolicy.org


See also: https://www.mdpolicy.org/research/detail/baltimores-preventable-murders

Marylanders to Prevent Gun Violence - Virtual Legislative 101

And now from those who "don't get it":


On January 19, 2022, at 6:30pm, Marylanders to Prevent Gun Violence we will host its virtual Legislative 101. They will be joined by elected leaders and discussing their legislative priorities for the 2023 Maryland General Assembly:

Their legislative agenda for 2023 includes:


  • Safe Storage/Child Access Prevention
  • Sensitive Places
  • Strengthening Public Carry Permitting requirements 

New York Court: New York's Red Flag Law Unconstitutional

The New York State Supreme Court in Monroe County recently ruled that New York's Red Flag Law or Extreme Risk Protection Order (ERPO) is unconstitutional because of a lack of due process when the denial of a fundamental Constitutional Right hangs in the balance.


While it is not totally clear how extensive the impact will be on other states, it is possible that Maryland's Extreme Risk Protection Law (HB 1302 - 2018 Session) may be challenged in Maryland courts on the basis of the New York ruling. This is not to say that New York's ruling applies to Maryland. However, the New York Court's reference to certain aspects of the Bruen decision would seem to increase the possibility of litigation on past or future cases.


For more information:


https://law.justia.com/cases/new-york/other-courts/2022/2022-ny-slip-op-22392.html


https://www.newyorkcriminalattorneyblog.com/new-york-supreme-court-justice-deems-new-yorks-red-flag-laws-are-unconstitutional/

Montgomery County & School Officials Sued for Not Preventing School Shooting

It is common knowledge that firearms are prohibited on school property under both State and Federal law. These laws are not a deterrent. Placing armed officers in the schools was a clear statement that the laws are not sufficient to make people safe from violent persons and active defense is the only viable alternative.


The mere thought of armed school security officers (AKA "resource officers) in public schools in Montgomery was more than the County Administration and Board of Education could bear. Accordingly, the officers were removed from the schools.


Now the County Administration and Board of Education are facing a lawsuit for not preventing schools shootings.


The outcome of this lawsuit could be interesting and have far reaching implications. If the plaintiffs are successful, it suggests that when citizens are prohibited by a government agency (or private concern) from possessing the constitutionally protected tools to defend themselves, it is incumbent upon the government agency (or private concern) to provide adequate protection. Failure to do so could subject them to legal action for damages as evidenced by this lawsuit.


Now take the current proposal to ban firearms in Charles County government buildings and apply the same principle. Speculation on where all this could lead is certainly something to light up the various internet forums. The impact of Bruen is still unfolding.


Click here for the full article.

Biden's CDC Ignores Defensive Shootings

A website known as "The Reload" is reporting that under pressure from gun control advocates, Biden's Centers for Disease Control (CDC) will no longer report data it has collected on deaths as a result of lawful use of force in self-defense as this data is detrimental to the gun banners anti-gun narrative.

https://www.foxnews.com/politics/cdc-removed-stats-defensive-gun-use-pressure-gun-control-activists-report


https://news.yahoo.com/cdc-removed-stats-defensive-gun-184943174.html 


https://thereload.com/emails-cdc-removed-defensive-gun-use-stats-after-gun-control-advocates-pressured-officials-in-private-meeting/

Click here to download 2023 Session Dates

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Maryland Gun Laws - Statutes & Code of Maryland Regulations (COMAR)

Maryland COMAR

2022 Edition

Maryland Gun Laws

2022 Session Update


Click here for the Maryland General Assembly Website.
John H. Josselyn
2A Maryland

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