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MD:Gun seizure prompts House Bill 55
Josey1
Member Posts: 9,598 ✭✭
Gun seizure prompts House Bill 55 Dicken MICHAEL A. SAWYERSTimes-News Staff WriterCRESAPTOWN -- In 1983, at the age of 23, Larry Dicken got in a shoving match resulting from a property boundary dispute and was convicted of misdemeanor battery, as was the other party involved in the mutual confrontation.Because of that, 18 years later -- in August of this past year -- Maryland State Police came to Dicken's Louise Drive home and confiscated all 14 of his firearms.The firearms were confiscated by what state police call the Cease Fire Unit."The attorney general has advised state police to interpret existing federal law in such a way as to allow for these types of confiscations of guns from law-abiding citizens. It's unacceptable," said Delegate Kevin Kelly. The delegate said SWAT teams are used to retrieve guns in some situations.Kelly and Dicken are close friends. When police told Dicken what was coming down, he called Kelly, an attorney, who was present for much of the gun confiscation. State police took Dicken's handguns, but allowed Kelly to take possession of his friend's longguns, the delegate said. Kelly, a staunch defender of the rights of gun owners, touts the fact that he is the only member of the Maryland General Assembly to receive Defender of Freedom awards from the National Rifle Association and the Maryland State Rifle and Pistol Association. The Allegany County Democrat has introduced House Bill 55 to clarify when gun confiscations are legal. The bill's four co-sponsors include Speaker of the House Casper Taylor Jr. and Delegate George Edwards.Kelly said the 1983 assault conviction resulted in a $100 fine and a 30-day suspended jail sentence for Dicken. But because a jail term of one year or more could have been imposed, his firearms were confiscated.Dicken's guns were confiscated after he was rejected in an attempt to purchase a handgun at a Hancock dealer, even though he had successfully purchased other handguns there in 1999 and 2000, Kelly said.Kelly's House Bill 55 would prevent state officials from enforcing the federal statute and would clearly state that anyone who actually was sentenced to a year or more in jail would be forbidden from ever again owning or possessing a gun in Maryland. "The federal statute does not have to be enforced anyway," Kelly said. "The wording is that it could be enforced in states, not that it shall be enforced."Kelly said he is not surprised at the current enforcement scenario, and that it is in line with opinions expressed by Attorney General Joseph Curran in his document "A Farewell To Arms," which deals with gun laws and gun ownership in Maryland."I was shocked when the police said they were going to take my guns," Dicken said, admitting that he cursed at the two plainclothes officers last August after they told him why they were at his house. "Then I called Kevin."Police also confiscated a handgun registered to Dicken's wife, Kathy. Eventually, all guns were returned after being put in Kathy's name. They are kept in a cabinet to which Larry says he does not have a key."I'd get five years in jail if I shot a bullet at a tin can, and my wife would be charged for letting me do it," he said. "If I didn't know Kevin, we probably would never have seen those guns again."A call Tuesday by the Times-News to Lt. Bud Frank, Maryland State Police, Pikesville, was not returned. http://www.times-news.com/stories/2002/january/day17/1293569.html
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