Wednesday, December 31, 2014

Maryland's High-Tech Gun Confiscation Racket

by JASmius



One that has Maryland cops using special license plate scanning equipment to target even out-of-state gun owners for harassment, illicit arrests, and gun confiscation, since Maryland does not recognize any other State's concealed carry licenses.  So if you're a legal gun-owner, and you're driving somewhere that would ordinarily include crossing the Old Line State, either take the long way around, or prepare to be thrown in jail:

Baltimore-based criminal defense lawyer Paul Kramer says these type of stops and searches happen far too often in Maryland and are a waste of taxpayer money. Mr. Kramer represented a Pennsylvania security officer who was pulled over in the state for speeding. The Maryland officer asked Mr. Kramer’s client whether he had a gun in the car, and once the man acknowledged he did, the officer arrested him for having the gun and the cartridge in the same locked container — not separated, as per Maryland law.

“You think that Maryland would honor legitimate people with guns rather than charging people who are legitimately carrying but doing it incorrectly,” said Mr. Kramer, who was former deputy U.S. attorney for Maryland. “I would think that the police would want to take the time to go after those people who don’t have a legitimate right to have a gun rather than locking up people who have a valid license.

“An otherwise law-abiding citizen can get arrested here. It’s just a waste of officer time and resources. The police should let those people go,” he said.

It isn't just a waste of taxpayer money and officers' time and resources; it's un-American.  It isn't just un-American; it's flagrantly unconstitutional.

Amendment II once again:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Not "may not," not "might not," not "should not"; SHALL not.  It is a declarative statement with no exceptions, no equivocations, and no wiggle room.  Period.

Now you may be saying at this point, "But wait, but wait, but wait, JASmius, what about the incorporation of the Bill of Rights?  The Constitution forbids Congress from infringing on gun rights, but don't States have cart blanche to confiscate them as they see fit?"  And you would, in principle, be right about that.

So we turn to the Maryland State Constitution, whose second article reads:

The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding. [emphasis added]

So Maryland has "incorporated" the Second Amendment into its own founding document.  Which means what Maryland has its law enforcement officers doing to law-abiding gun-owners, in and out of its territory, is by definition illegal and unconstitutional.

I presume - and would highly recommend - that putting a quick stop to this tyrannical police-statism will and should be high on Governor-Elect Larry Hogan's to-do list.

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