Associated Gun Clubs of Baltimore, Inc. 
Legislative Office 

P.O. Box 20102      Towson, MD 21284-0102  
Office: 410-296-3947     Email: lvp@associatedgunclubs.org 
AGC Legislative Report
February 22, 2016
New In This Issue
Democrats Announce 2016 Gun Control Package
"Gun Bill Friday" - February 23rd
"Gun Bill Day" Hearings
AGC Legislative Email System - Expanded Capability
State Petitions for Re-Hearing En Banc in Kolbe Case

AGC 
Legislative Links 

 

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Links to Bills 
by Subject on the MGA's Website 
 
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Maryland General Assembly Website Links 

 

AGC Website Links
 
 
AGC Email Archives
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  John H. Josselyn
  Legislative Vice President
  P.O.  Box 20102
  Towson, MD  21284-0102
  Legislative Office:   
  410-296-3947

The 2016 Session is witness to some very unusual scheduling changes for hearings on several of the Democrats' gun control bills in the House Judiciary Committee

Two of the three gun control bills were originally scheduled for "Gun Bill Day" on Tuesday, March 15, 2016.

Last Tuesday, February 12th, the hearings for HB 1000 and HB 1001 were cancelled and the bills were re-scheduled for hearings on Friday, February 26, 2016. This move is particularly curious given that the 26th is a Friday and gun bill hearings are generally not scheduled on a Friday.

This could indicate some strategic posturing on the part of the House leadership to help advance these bills by pushing the schedule forward, or it could merely be an indication of a very heavy hearing schedule. 

While it is difficult to know for certain, it is indicative of the importance HB 1000 and HB 1001, that these bills, which form two thirds of of the Democrats' gun control agenda, were advanced in the schedule while other bills were not.

See more detailed information below under "Gun Bill Friday."

Best regards,
 
John H. Josselyn
Legislative Vice President 
Democrats Announce Their 2016 Gun Control Package
 
As is typical, the Democrats called a press conference to announce their latest attack on the 2A Amendment in the form of three new gun control bills.
 
House Bill 1000 crossfiled  with SB1040
Public Safety - Firearms - Terrorist Watchlist 
OPPOSE

House Bill 1001 crossfiled with SB0943
Criminal Procedure - Firearms - Transfer
(see position notes in the following article)
 
House Bill 1002 crossfiled with SB 0906
Weapons-Free Higher Education Zones
"Gun Bill Friday" - February 26th

The following gun bills will be heard this week in the House Judiciary Committee at 1:00 PM on Friday, February 26, 2016. 

House Bill 1000
Public Safety - Firearms - Terrorist Watchlist 
Prohibits the Secretary of the Maryland State Police from issuing a permit to carry a handgun to any person on the so called "Terrorist Watchlist." The bill ignores the fact that the MSP does not have direct access to the watchlist. Citizens who are on the watchlist may not even know they are on the list. Further, there is no way for those who are erroneously listed in error to get their names removed from the watchlist. OPPOSE

House Bill 1001
Criminal Procedure - Firearms - Transfer 
Requires that the courts must advise a citizen when they have lost the right to purchase or possess certain firearms, and establishes a procedure whereby the citizen can transfer the firearms to a licensed dealer.

While providing a way for the citizen to dispose of firearms and still recover their value is a good feature, the procedure conflicts with Federal law. Further the bill also requires a citizen to sign an affidavit listing all of the firearms being surrendered and their serial numbers. Many firearms do no have serial numbers, which leaves the citizen no way to comply with the provisions of the bill if it becomes law. No Position. We will provide testimony for information only.

House Bill 1000 is crossfiled with Senate Bill 1040, which will be heard in the Senate Judicial Proceedings Committee at a date to be determined.

House Bill 1001 is crossfiled with Senate Bill 943, which will be heard in the Senate Judicial Proceedings Committee on March 9, 2016.


"Gun Bill Day" Hearings
 
"Senate Gun Bill Day" - Wednesday - March 9, 2016 @ 1:00 PM - Room 2 East
Senate Judicial Proceedings Committee

The Committee hearing schedule calls for 17 bills to be heard so plan on a long day in Committee.

"House Gun Bill Day" - Tuesday -
March 15, 2016 @ 1:00 PM
House Judiciary Committee - Room 100
The Committee hearing schedule calls for at least 27 bills to be heard so plan on a very long day in Committee.

A complete listing of the "Gun Bill Day" bills and brief explanations of each of the bills will be sent in next week's "Gun Bill Days" Legislative Report.

AGC Legislative Email System - Expanded Capability - Part II 

The coverage of the AGC Legislative "Email Your Legislators System" has being expanded again.

Several bills under consideration have been assigned to Committees which normally do not consider gun related legislation.
 
The House Appropriations Committee and the Senate Budget & Taxation Committee have been added to meet these new challenges.
 
As always, keep your emails professional, courteous and respectful.

Click AGC's "Email Your Legislators" System. 
State Petitions for Re-Hearing En Banc in Kolbe Case

On February 18, 2016, the Attorney General of Maryland filed a request for an en banc re-hearing of the Kolbe decision previously handed down.

The State's request lists the following reasons for granting rehearing en banc:
 
I. The panel majority's decision conflicts with the decisions of all other courts of appeals to have reviewed the Constitutionality of similar laws.
 
II. the applicable level of scrutiny is a matter of exceptional importance, and the majority erred in applying strict scrutiny.
 
III. The Constitutionality of Maryland's firearm safety act substantially affects public safety and is therefore a matter of exceptional importance.
 
Our legal team now has until February 29, 2016 to reply to the State's petition. The Fourth Circuit will then consider both filings and render a decision on whether or not to grant an en banc review of the original ruling. There is no time frame on when the Fourth Circuit will review the filings or make a decision. We will keep you advised as appropriate.

Definition of "en banc":
(French) by the full court. Also spelled in banc and en bank.
Some appellate courts which have a large number of judges and a large caseload often divide into divisions or panels for each case. For example, United States Appeals Courts cases are usually heard by three judge panels. Sometimes, on the request of the panel, or one of the litigants, the case is later reheard by the full court, or, en banc.
 
AGC Legislative Report
February 22, 2016