Maryland Tells the Supreme Court to Pound Sand

BY Herschel Smith
1 year, 4 months ago

Source.

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?


Comments

  1. 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.

  2. On January 17, 2023 at 11:05 am, ragman said:

    SCOTUS will do nothing.

  3. 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.

  4. 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.”

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Maryland Tells the Supreme Court to Pound Sand", entry #33764 on The Captain's Journal.

This article is filed under the category(s) Supreme Court and was published January 16th, 2023 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (277)
Animals (290)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (373)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (86)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (221)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (189)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,773)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,648)
Guns (2,313)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (34)
ICOS (1)
IEDs (7)
Immigration (108)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (95)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (652)
Police in COIN (3)
Policy (15)
Politics (972)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (493)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (671)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (55)
Survival (185)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (14)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (412)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.