MD:Interpretation of law allows confiscation

Josey1

Interpretation of law allows confiscationMICHAEL A. SAWYERSTimes-News Staff WriterCUMBERLAND -- Under the current interpretation by the Maryland attorney general concerning the confiscation of firearms, citizens who had misdemeanor transgressions at any time in the past could have their guns taken, according to Delegate Kevin Kelly.Such misdemeanors include cheating, defamation of private persons, unlawful assembly, blasphemy, profanity, common scolding, disturbance and disorderly conduct."As long as a person could have been sentenced to one year or more in jail, their guns can be confiscated," Kelly said."If you actually spent more than a year in jail then you did something bad and I don't want you to have a gun either. But like in Larry's (Dicken) case, two young bucks got into a shoving match and he has been law-abiding ever since then. He should be allowed to have his firearms." Dicken said he didn't even use guns until after his son graduated from high school in 1998 and he found himself needing something to do."My brother hunted and I got into it that way and found that I enjoyed shooting and hunting," Dicken said.Kelly said his fellow legislators tell similar stories involving their constituents elsewhere in Maryland. His request in October for state police to quantify such confiscations and explain the individual convictions upon which actions were based has gone unanswered.He is sponsoring a bill that would prevent state officials from enforcing the federal statute that allows confiscation of the weapons. It also would prohibit anyone who was sentenced to a year or more in jail from owning or possessing a gun."I'm hopeful that the bill will pass and that I will be able to use the firearms again," Dicken said. "At first I was so upset that I brought in my American flag from out front. I felt like I didn't have any freedom anymore. Then Sept. 11 came and everybody everywhere was buying guns to protect themselves, but I wasn't allowed to protect myself. Now, I've got $5,000 worth of guns I can't use and I paid for a membership at the Fort Hill Rifle Club and I can't shoot. I hope it works out. I really want to go hunting next year." http://www.times-news.com/stories/2002/january/day17/1295146.html

daddo

This is ludicrous and in terms unconstitutional. These laws will soon affect us all, if something isn't done. A petition should be in order to change this around.

daddo

By the way-- was this man convicted or just charged with this so called crime? Who called the police/sherif? Who filed the complaint? We may never know.

offeror

I would say that any law whose language were suddenly re-interpreted to allow gun confiscation would therefore simultaneously become unconstitutional, and moot. There is no doubt precedent -- laws which have been passed in various legislative bodies which have subsequently been ruled to contain unconstitutional language -- and I would imagine those laws are generally scrapped, or unenforceable as a result.Perhaps this is such a case.!?

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"The 2nd Amendment is about defense, not hunting. Long live the gun shows, and reasonable access to FFLs. Join the NRA -- I'm a Life Member."

7mm_ultra_mag_is_king

Maryland,,,little Kalifornia.

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when all else fails........................