Maryland Tells the Supreme Court to Pound Sand
BY Herschel Smith
1 year, 11 months ago
BALTIMORE (WBFF) — With public safety a top priority for Maryland lawmakers, the first bill filed in the 2023 session would severely limit where people with conceal carry permits could bring their firearms.
“If people don’t feel safe nothing else matters,” said Maryland Senate President, Bill Ferguson (D-Baltimore City).
Senate Bill One, also know as the Gun Saftey Act, was introduced by Sen. Jeff Waldstreicher (D-Montgomery). Waldstreicher says the bill is meant to fire back at the Supreme Court’s 6–3 decision in New York State Rifle & Pistol Association v. Bruen. In which, the Supreme Court found New York’s gun law requiring concealed carry applicants give a reason for carrying unconstitutional. The decision meant Maryland’s “good and substantial reason” requirement fell too.
“Bruen said anyone can take any weapon anywhere at any time. I think that’s dangerous and Maryland needs to respond,” said Waldstreicher.
With more Marylanders being granted conceal carry permits, the Gun Safety Act would ban them from taking firearms within 100 feet of any public place. However, “public place” is a broad term in the legislation. In addition to restricting guns inside hospitals, churches, and government buildings — any retail establishments, restaurants, hotels, and movie theatres are also listed.
“Outside of the home what would be a space that someone could legally carry a gun?” questioned a FOX45 reporter.
“So, the bill does not define where you can, it simply says and clarifies where you cannot,” said Waldstreicher.
At least he admits that his intention is to defy the Supreme Court. It’ll pass. Now what will the SCOTUS do about it?
On January 17, 2023 at 3:01 am, Aesop said:
Given the choice between capitulation, and going scorched earth, I suspect SCOTUS will go scorched earth, and thus be forced to admit and explicitly declare the 2A means “shall not be infringed” is an inviolable right. If they do, it will be idiots like the Maryland legislature that drags SCOTUS to that position, kicking and screaming in protest every inch of the way, but finally backed up to the edge of a legal cliff.
Otherwise, they might as well all hang up their robes and retire.
I can’t see them coming up with some Roe v. Wade-esque judicial delusional limited-scope legal opinion that’s a Constitutional abortion on legs. It would look like the warranty on a dishwasher, and take 400 pages to codify.
On January 17, 2023 at 11:05 am, ragman said:
SCOTUS will do nothing.
On January 17, 2023 at 11:52 pm, Name (required) said:
The supremes are not our friends. If the antigun states ignore them successfully, that gives our states hope and incentive to do the same.
Anything which damages the US empire is good for the American nation.
On January 18, 2023 at 11:33 pm, Sisu said:
Aesop,
I have been considering a like outcome.
While I was pleased with the direction of the Bruen decision, the most appropriate “decision” should have been as cogent as you suggest; I offer these words:
“The State of New York’s laws governing its ‘firearm licensing regime’ is Unconstitutional.
‘(S)hall not infringe’ means ‘shall not infringe’; it is an absolute restriction on the Federal and all states’ governments, NO Powers were delegated by the People to their respective States or directly to the Federal Government to regulate the ‘keeping or bearing’ of ‘arms’; ‘arms’ which means all ‘bearable weapons’ [ftnt: any bearable weapon including any the military or any LE agency within the States has shall be available to citizens of the United States.]
Further, this Court reminds the Executive and Congressional branches of the Federal government and all elected officials in the states of the first sentence of Article. IV., Section. 2. of the Constitution: ‘The citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States.’; and Amendment XIV. wherein Section 1. reiterated the intent and understanding of Article. IV., Section. 2. in the and first and third independent clauses of the second sentence: ‘No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; … nor deny to any person within its jurisdiction the equal protection of the laws.’; and in Section 5. provided: ‘… Congress shall have power to enforce, by appropriate legislation, the provisions of this article.'”
This Court is instructing Congress to execute its responsibility and enforce the Second Amendment ‘absolute restriction’ on the Federal and States’ governments by whatever means to preserve and advance the privileges, immunities, liberty and freedom from tyranny which this Country was founded to ensure.”
* * * * *
Related: Earlier today I became aware that two NY Congressional Representatives have put forth the following “resolution”:
“Expressing the sense of the House of Representatives that New York State’s
Concealed Carry Improvement Act is unconstitutional.”
https://tenney.house.gov/media/press-releases/tenney-stefanik-reintroduce-resolution-condemning-hochuls-concealed-carry-law
This strikes me as “impotent”, i.e., lacking importance.
What is needed is creation of a “new” independent (from DOJ, Treasury and Executive) agency with adequate funding to bring suit against every government actor who breaches their oath to the Constitution; such action to include removal from office, indictment for abuse of office and civil rights violations, forfeiture of all salary and benefits (whether vested or not), disbarment, and if appropriate arrest and trial under UCMJ for mutiny and / or treason.
Separately, Congress should be required to cease all government funding to states which pass blatantly or obvious or self proclaimed unconstitutional legislation; and pass into law a “new” legislative assumption: “All legislation originating within any governmental jurisdiction of the United States or the states shall be assume unconstitutional and without lawful effect, unless the constitutional authority for such law is clearly stated in the legislation.”