Legislative Report #23 - August 17, 2023

Dear John,

There is much news to report and we apologize for the length of this email and hope that you will take the time to read it in its entirety.

On a sad note, we received the following message yesterday from Andi (Morony) Turner :

Maryland has lost a true warrior in its pursuit of all things Constitutional but especially on the Second Amendment.

Bill Palk passed away Wednesday morning August 16th in Anne Arundel county at the age of 77. We are all saddened by this significant loss to our community and our thoughts and prayers are with his family.

Bill was a friend to everyone. An Army vet, Bill was very active not only in Anne Arundel Fish and Game but on the Executive Board for the Maryland State Rifle and Pistol Association (MSRPA) for many years. 

Those of you who have been to Annapolis and have been testifying may remember his work as Legislative Director for the MSRPA. Respected on both sides of the aisle, Bill was the quiet but insistent voice of reason in this role.

Whether you knew him as a friend, a mentor or a partner in the pursuit of reasonable 2A legislation, Bill had a huge impact on all of us-in one way or the other- and he will be deeply missed.

Andi was Chief of Staff for Delegate Mike Smigiel, a past Board Chair of the Maryland State Rifle & Pistol Association. Andi now resides in Texas.

In this report:

Maryland

• House Judiciary Chair calls for conference on juvenile crime services
• Tips for when elected officials don't respond to your letters or emails
• MSP on Handgun Qualification License (HQL) renewal
• MSP on Carry Permit Training
• Federal litigation on SB 1 and HB 824 - links to court documents
• Baltimore City gun "buy-back" nets 362 firearms - 2A Maryland PIA to BPD
• Biofire "Smart Guns" could impact state gun laws

Around the Nation

• Biden administration defunding schools offering archery and hunter education programs
• Judge rejects request to block 2013 Connecticut Gun Control Law passed after Sandy Hook Massacre
• Illinois Court upholds ban on so-called "assault weapons"
• Illinois Governor signs bill allowing lawsuits against firearms manufacters for advertising

Links below to previous Legislative Reports and Maryland Gun Laws

Best regards,

John H. Josselyn

2A Maryland

Click here to send your comments or suggestions.

House Judiciary Committee Conference on Juvenile Crime

The juvenile justice laws passed during the "woke" 2022 Session are now coming back to haunt the general public and prosecutors alike. We are now experiencing a dramatic increase in serious crimes perpetrated by teens and pre-teens. Two Senate Bills, SB 53 and SB 691, sponsored by Senator Jill Carter (D-41), appear to be involved in the controversy.

"Representatives from state’s attorney’s offices, law enforcement, the state public defenders’ office, and the Department of Juvenile Services are expected to participate in the hearing, Clippinger said, which has been scheduled for Sept. 13 at 1 p.m. in Annapolis." (WBFF website) Note: We have been advised that the event will be live streamed and recorded for future viewing.

“What’s becoming clear is that the Department of Juvenile Services doesn’t have the services and doesn’t’ have a plan to deal with kids who are in possession of guns,” Clippinger said. “After we passed the legislation, what became clearer over the last year, is that there are not the services necessary for these kids. We were promised those services.” (WBFF website)



Curiously it does not appear that prosecutors will be included in the Conference. This, plus comments made by House Judiciary Chairman Luke Clippinger would seem to indicate that the focus will be on government agencies, rather than failings in the legislation and certainly not on the perpetrators or their parents. Far be it from a politician to ever admit to passing poor public policy legislation.

The prosecutors, on the other hand, take issue with laws the politicians expect them to enforce.

A number of prosecutors have voiced their displeasure with the juvenile justice laws, among them are:

• Ivan Bates - Baltimore City - Democrat
• John McCarthy - Montgomery County - Democrat (yes, a Montgomery County "D")
• Scott Shellenberger - Baltimore County - Republican
• Haven Shoemaker - Carroll County - Republican

Their calls for a special session to address the juvenile crme problem went unanswered.

It remains to be seen how all this will play out in the 2024 Session of the Maryland General Assembly.

Click here for the article on Prosecutors' concerns with 2022 law.

Click here for the article on the Juvenile Crime Law Conference.

Contacting your Legislator - Cite Your Sources

Contact with legislators is a critical componet in our effort to protest and defends our 2nd Amendment Rights. All too often, our calls, letters and emails are ignored by elected officials who disagree with our position. This situation was addressed in an excellent article written by Daniel E. Bergen, Associate Professor in Communications and Public Policy at Michigan State University.

Professor Bergen wrote in part:

"But a lot of people don’t bother to contact their elected officials, thinking it’s not worth communicating with them.

"In today’s polarized political environment, is it possible to get through to policymakers from the other side?"

"Some work, including my own mentioned above, suggests that policymakers are responsive to communications from the public. But research has also shown that policymakers engage in what’s called biased reasoning, writing off communications from constituents who do not share their policy views."

"For instance, political scientists Daniel Butler and Adam Dynes asked state and local policymakers in two online surveys to evaluate a hypothetical communication from a constituent. Policymakers were randomly assigned to evaluate a letter that either supported or opposed a controversial policy and then rated the hypothetical writer letter on various characteristics."

"The authors found that policymakers rated hypothetical constituents who disagreed with them as less knowledgeable about the topic. This discounting of constituents who disagree on policy could explain why policymakers tend to have biased perceptions of public opinion, believing the public’s attitudes to be more in line with their own positions than polling suggests."

"Is there a way to prevent lawmakers from writing off constituents’ perspectives?" Yes!

Read the entire article, it is an easy 5 minute read, very informative and well worth the time.

Click here to download the article.

Maryland State Police Advisories - HQL Renewal & CCW Training

SB 1 / HB 824 Federal Litigation - Court Files

CLICK HERE TO VIEW / DOWNLOAD THE DOCUMENTS FROM 2A MARYLAND'S BREAKING NEWS PAGE

CLICK HERE TO DOWNLOAD THE PDF WITH ACTIVE HYPERLINKS TO CASE DOCUMENTS

Catholic Church Funds "Gun Buy-back" in Baltimore City

2A Maryland Submits Public Information Act Request

The Catholic Church recently funded a "no questions asked" gun buy-back on August 5th. Mayor Brandon Scott and Congressman Kweisi Mfume were in attendance.

According to the Archdiocese of Baltmore's website:

"The archdiocese raised more than $50,000 to finance the buyback event. Police officers exchanged cash and gift cards for weapons retrieved from the trunks of vehicles that formed a continuous, long line for several hours, wrapped around Edmondson Village Shopping Center.

According to a diocesan spokesperson, the buyback secured 362 firearms, including 158 handguns and 17 semiautomatic weapons and other types. Police paid $200 for handguns, rifles and shotguns, $300 for assault weapons. Each of the weapons will be destroyed."

Motorists were lining up more than two hours before the event’s scheduled 10 a.m. start. Police started to collect firearms shortly before 9:30 a.m.

By 1 p.m., the allotted buyback funds had been exhausted. People continued to give up their firearms for free.

Baltimore City Police Major Dwayne Swinton, who leads the department’s special events section, noted that most of those turning in firearms were “middle aged or older,” with few young people engaging in the buyback effort. Still, he said the gun buyback was an unequivocal success."

Earlier this week 2A Maryland sent a public information act (PIA) request for detailed informaiton on the number, types, make and model of firearms surrenderd, as well as what forensic investigation and reporting to the ATFE database will be involved.

Download letters to the Editor in response to the gun buy-back.

Download 2A Maryland's 2 page Public Information Act (PIA) request.

"Smart Gun" Marketed by Colorado Based "Biofire" Could Ultimately Impact Maryland Citizens

From Giffords Law Center website:

"SUMMARY OF STATE LAW

Maryland, Massachusetts and New Jersey are the only states that have laws addressing personalized gun technology.

MARYLAND

A “personalized handgun” is defined under Maryland law as any handgun manufactured with technology incorporated into the design allowing the handgun to be fired only by a person who is the authorized user of the handgun, and preventing any of the handgun’s safety characteristics from being easily deactivated. Maryland’s Handgun Roster Board is required to review the status of personalized handgun technology and report its findings to the Governor and the General Assembly annually.13

NEW JERSEY

New Jersey was the first state to significantly regulate personalized handguns with a 2002 law intended to eventually require smart gun technology to be incorporated into all handguns sold in the state. In 2019, New Jersey amended that law to require that licensed firearm retail dealers make available for purchase at least one personalized handgun within 60 days of the first personalized handgun being included on a state roster of approved personalized handguns.14 The 2019 legislation, which will take effect February 1, 2020, established a Personalized Handgun Authorization Commission responsible for establishing performance standards, overseeing performance testing by an independent laboratory, and maintaining the roster of personalized handguns authorized for sale to the public.15

New Jersey defines a “personalized handgun” as a handgun that is approved by the Personalized Handgun Authorization Commission and “incorporates within its design a permanent programmable feature as part of its manufacture that cannot be deactivated and renders the personalized handgun reasonably resistant to being fired except when activated by the lawful owner or other authorized user.”16 The Personalized Handgun Authorization Commission is required to publish its roster of handguns meeting the commission’s performance standards and qualifying criteria on a website maintained by the New Jersey State Police, update the roster as needed, and make the roster available every six months to registered and licensed firearms dealers.17

Within 60 days of the first personalized handgun being included on the roster, New Jersey licensed firearm retail dealers must “make available for purchase at least one personalized handgun approved by the commission and listed on the roster as eligible for sale.”18 They must also post copies of the personalized handgun roster and a sign disclosing unique features of personalized handguns.19 Licensed firearm retailers’ personalized handgun inventory and records are subject to inspection by the state police at least once every two years,20 and dealers who violate the personalized handgun requirement are subject to penalties.21

MASSACHUSETTS

Massachusetts mentions personalized gun technology as an alternative to locking devices in its requirement that any handgun or large capacity weapon be sold with a safety device designed to prevent the discharge of such weapon by unauthorized users and approved by the state police.22 The state police has not yet approved any form of personalized technology as sufficient to comply with this requirement.23"

Click here for the news report.

Click here for the Biofire website.

Maryland - Public Safety Article §5–132. (only relevant text shown)

Click here to download the full text of §5–132

(a)

(1) In this section the following words have the meanings indicated.

(7) “Personalized handgun” means a handgun manufactured with incorporated design technology that:

i) allows the handgun to be fired only by the authorized user; and

(ii) prevents any of the safety characteristics of the handgun from

being readily deactivated.

(d)

(1) The Handgun Roster Board annually shall:

(i) review the status of personalized handgun technology; and

(ii) on or before July 1, report its findings to the Governor and, in accordance with § 21246 of the State Government Article, to the General Assembly.

(2) In reviewing the status of personalized handgun technology under paragraph (1)

of this subsection, the Handgun Roster Board shall consider:

(i) the number and variety of models and calibers of personalized handguns that are available for sale;

(ii) each study, analysis, or other evaluation of personalized handguns conducted or commissioned by:

1. the National Institute of Justice;

2. a federal, State, or local law enforcement laboratory; or

3. any other entity with an expertise in handgun technology; and

(iii) any other information that the Handgun Roster Board considers relevant.

Biden Administration Reported to be Defunding Schools that Offer Archery & Hunter Education

From Forbes.com:

"As America faces a storm of geopolitical threats, endures a flood of fentanyl streaming across a largely open southern border—now killing some 100,000 Americans annually, wrestles with soaring inflation, and experiences unmitigated crime in many of our largest cities, the Biden Administration’s recent move to defund schools that offer hunter safety and archery programs has many questioning President Biden’s priorities."

https://www.foxnews.com/politics/biden-admin-confirms-withholding-key-funds-schools-hunting-courses-shameful

https://www.forbes.com/sites/chrisdorsey/2023/07/31/experts-warn-defunding-school-hunting-and-archery-programs-will-contribute-to-mental-health-crisis/?sh=25240db8576e

https://mustreadalaska.com/shocker-biden-cuts-funding-for-archery-and-hunting-classes-for-kids/

https://www.foxnews.com/politics/top-republican-moves-reverse-biden-admin-block-school-archery-hunting-class-funding

Judge Rejects Request to Block 2013 Connecticut Gun Control Law Passed After Sandy Hook Massacre

https://www.foxnews.com/us/judge-rejects-request-block-2013-connecticut-gun-control-law-passed-sandy-hook-massacre

"A federal judge on Thursday rejected a request to temporarily block Connecticut's landmark 2013 gun control law, passed after the Sandy Hook Elementary School shooting, until a gun rights group's lawsuit against the statute has concluded.

U.S. District Judge Janet Bond Arterton in New Haven ruled the National Association for Gun Rights has not shown that the state's ban on certain assault weapons and large-capacity ammunition magazines, or LCMs, violates the 2nd Amendment right to bear arms or that such weapons are commonly bought and used for self-defense.

Connecticut officials "have submitted persuasive evidence that assault weapons and LCMs are more often sought out for their militaristic characteristics than for self-defense, that these characteristics make the weapons disproportionately dangerous to the public based on their increased capacity for lethality, and that assault weapons and LCMs are more often used in crimes and mass shootings than in self-defense," Arterton said."

Illinois Supreme Court upholds state’s assault-style weapons ban

CNN

"The Illinois Supreme Court on Friday upheld the state’s assault-style weapons ban in a 4-3 ruling after months of legal challenges sought to dismantle the law.

State lawmakers in January passed, and Democratic Gov. J.B. Pritzker signed into law, a measure to ban assault-style rifles and high-capacity magazines. Those who already own such rifles face limitations on their sale and transfer and must register them with the Illinois State Police by 2024.

That law – which came about six months after the July 2022 Highland Park, Illinois, shooting – faced immediate lawsuits in state and federal court that argued it violated the Illinois and US constitutions."

Click here to read the CNN article.

Illinois Governor signs bill allowing lawsuits against firearms manufacters for advertising

(The Center Square) – "Effective immediately, Illinois firearm industry members can be targeted with legal action for allegedly contributing to unsafe conditions, advertising to children or for paramilitary activity. 

On the heels of the Illinois Supreme Court upholding the state’s gun and magazine ban Friday, Gov. J.B. Pritzker signed House Bill 218 Saturday.

The state of Illinois will now be allowed to take legal action against firearms industry players that endanger the public safety and health of our people,” Pritzker said. 

Robert Bevis of firearm manufacturer and retailer Law Weapons in Naperville said the measure is another example of an infringement. 

Automobile manufacturers are not responsible for people that drive drunk and crash their cars,” Bevis said. “We can’t be held responsible for the way somebody uses a firearm if it’s in a nefarious way.

Bevis is a lead plaintiff in one of the cases pending in the Seventh Circuit U.S. Court of Appeals challenging Illinois’ and Naperville’s gun and magazine ban. In a separate state-level case, the state’s ban was upheld Friday by the Illinois Supreme Court."

Click here to read the entire article.

2A Maryland 2023 Session Legislative Reports - Webpage Views

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

Note: One or both of the documents below will require updating to address the changes relating to the gun bills passed during the 2023 Session.

Watch for udates in the coming months.

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