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Interpretation of Law Allows [Gun]Confiscation ("Misdemeanor.. At Anytime Allows Gun Confiscation")
Cumberland Times-News ^ | January 17, 2002 | MICHAEL A. SAWYERS

Posted on 01/22/2002 9:45:45 PM PST by t-shirt

Interpretation of law allows confiscation

MICHAEL A. SAWYERS

January 17, 2002

Cumberland Times-News Staff Writer

CUMBERLAND -- 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."

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TOPICS: Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: banglist
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From thew article:

"Such misdemeanors include cheating, defamation of private persons, unlawful assembly, blasphemy, profanity, common scolding, disturbance and disorderly conduct."

--------------------------------------------------

Resist All Gun Control/Gun Confiscation!

Stay Armed, Stay Free!

1 posted on 01/22/2002 9:45:45 PM PST by t-shirt
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To: t-shirt
Face it, Freepers. Liberals are going to take away your guns and mine. They are going to socialize our medical system/country, and you will be disarmed.

Why do I say this?

Because they will not give up, but eventually Conservatives will give in, as we always do.

Shoot guns and reload while you can because the day is coming when you will not be able to.

2 posted on 01/22/2002 9:49:06 PM PST by Resplendent
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To: t-shirt,bang_list,squantos,harpseal,patrioticamerican,nunya bidness,pocat,wardaddy
Bookmarked! Great links!
3 posted on 01/22/2002 9:50:14 PM PST by Travis McGee
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To: abundy,sneakypete,Bedford Forrest,Cap'n Crunch,_Jim,Trident/Delta
Is there anybody here on this thread that did NOT EVER (honestly now) commit a misdeamenor which would have been punishable by a year if caught and hammered by a judge with a hard on?

Do any of us have "rights" any more, or are we merely serfs who have "privileges" at the discretion of our masters?

4 posted on 01/22/2002 9:57:19 PM PST by Travis McGee
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To: DoughtyOne;archy;dead;brat;Mercuria;AnnaZ;ratcat;ChaseR;Snow Bunny;it'salmosttolate;B4Ranch...
Armed Bump!
5 posted on 01/22/2002 9:57:26 PM PST by t-shirt
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To: t-shirt
Excellent list of Free Republic pages maintained by freeper, ~Kim4VRWC's~:
Updated Gun Control and related links here (#9)

6 posted on 01/22/2002 9:57:40 PM PST by First_Salute
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To: ~Kim4VRWC's~
Bump.
7 posted on 01/22/2002 9:58:11 PM PST by First_Salute
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To: t-shirt
Sound's like if you spit on the pavement you no longer have the right to protect yourself and your family. Time to hide 'em.
8 posted on 01/22/2002 10:00:46 PM PST by 1FreeAmerican
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To: t-shirt
"As long as a person could have been sentenced to one year or more in jail, their guns can be confiscated," Kelly said.

Grrrrrrr . . . yet another excuse. Fits real well with the, 'create so many little laws everyone will break one somewhere' methodology.

They creep closer, and closer, and --

9 posted on 01/22/2002 10:01:14 PM PST by Dominic Harr
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To: Travis McGee
It's happening. The SKS ban in CA. was a bust but Curran and his daughter married to the mayor have begun what will be finished by KKT.

I won't buy another gun in MD. But that won't stop them.

The ammo tax will go through in this next session of the local legislature.

Then reloaders will be targeted.

I'll post current pending legislation that will make gun buyers use a fingerprint tomorrow.

BLOAT. Molon Labe.

10 posted on 01/22/2002 10:02:14 PM PST by nunya bidness
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To: t-shirt
When are these limp-wristed liberals going to realize that The United States of America was born with a gun in it's hand and as soon as they change that the country is no more!!

Bumped and bookmarked!!

11 posted on 01/22/2002 10:04:15 PM PST by Nitro
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To: 1FreeAmerican
"Time to hide em."

Well then, let's review the ins and outs of "THE ART OF THE CACHE."

12 posted on 01/22/2002 10:04:25 PM PST by Travis McGee
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To: t-shirt
I suppose the globalist have it figgured this way, over run us with immigrants to over ride the Constitution and laws of the natural born American, and then provoke the ones, that won't be led into globalization, into a civil war via gun confiscation to eleminate the "trouble makers".
13 posted on 01/22/2002 10:04:50 PM PST by MissAmericanPie
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To: Travis McGee
Do you think midemeanor means different things in different places? Here in CA a misdemeanor is less than 1 year in jail.
14 posted on 01/22/2002 10:05:25 PM PST by monkeyshine
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To: nunya bidness,Jefferson Adams,M1991,185JHP
"We're going to hammer guns on the anvil of relentless legislative strategy! We're going to beat guns into submission!"

~~~Chuck Schumer, 1993

The never quit, they just tighten the shackles one click of the ratchet at a time, always in the same direction, always tighter.

15 posted on 01/22/2002 10:07:23 PM PST by Travis McGee
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To: monkeyshine
It doesn't matter, next year it will be "greater than six months" to lose your RKBA forever.

Then it will be one month. Then it will be any misdemeanor.

It's called the ratchet effect, AKA the slow boiling frog.

16 posted on 01/22/2002 10:09:20 PM PST by Travis McGee
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To: Travis McGee
My advice. Keep the Busted Flush gassed up. And well armed with or without balloons.
17 posted on 01/22/2002 10:09:57 PM PST by nunya bidness
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To: Askel5 ;Joe Montana;Ms. AntiFeminazi;James Gunn;gitmogrunt;Agent Smith;toast;FReeBill; Lurker...
liberty bump
18 posted on 01/22/2002 10:10:35 PM PST by t-shirt
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To: Travis McGee
Arm chair felon here........

Anarchy is upon us , albeit incrementally , it is indeed upon us. I guess we just wait till it's out turn,.... nothing we can do , .....they got us, .....were toast, .......deer in the headlights !

Stay Safe & Cache well and plenty !

19 posted on 01/22/2002 10:11:53 PM PST by Squantos
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To: Nitro
When are these limp-wristed liberals going to realize that The United States of America was born with a gun in it's hand and as soon as they change that the country is no more!!
--- Nitro

The realize that already, and that is just what they want----the destruction of America!

20 posted on 01/22/2002 10:13:48 PM PST by t-shirt
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To: Travis McGee
Is there anybody here on this thread that did NOT EVER (honestly now) commit a misdeamenor which would have been punishable by a year if caught and hammered by a judge with a hard on?

Next, they'll go from "misdeamenors" to "traffic tickets".

Do any of us have "rights" any more, or are we merely serfs who have "privileges" at the discretion of our masters?

That is the fundamental question which virtually every issue boils down to.

Our side believes in "rights". The enemy believes in "privileges".

This is an "irreconcilable difference" between the two sides, and the resolution of this issue will determine if we are a nation of Free People or a nation of slaves.

21 posted on 01/22/2002 10:15:46 PM PST by Mulder
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To: t-shirt
You got that right. BUMP and a big hot BANG!

Liberalism must be crushed!
22 posted on 01/22/2002 10:16:00 PM PST by Thorondir
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To: Travis McGee
It doesn't matter, next year it will be "greater than six months" to lose your RKBA forever.
Then it will be one month. Then it will be any misdemeanor.
It's called the ratchet effect, AKA the slow boiling frog.

As it stands now, in Michigan one cannot get a CPL (concealed pistols license) if one has had any misdemeanor in the last three years, eight for other ones (usually involving impersonating law enforcement or obstructing LEOs). Of course, it's also a misdemeanor in Michigan to curse within the hearing of women and children. (I kid you not!)

Don't forget to put in the traffic infractions; (shrill anti-rights voice) If they can't respect simple traffic laws, what will they do with a GUN (/shrill anti-rights voice).

Rand pointed this out years ago; if the government made so many laws, and made them incomprehensible, then everyone would be a criminal and subject to their control. Another aspect is that many jobs and careers are being cut off from those with any sort of record. That is a recipe for making a permanent criminal underclass. If we treat a person like a criminal, even after their punishment is done, then they will always disrespect the laws and perform criminal acts. Some people are incorrigibly evil; there's no doubt about that. But why condemn a person to a life of outlawry for potentially minor infractions?

The ex-post-facto nature of this so-called "interpretation" has already been discussed.

23 posted on 01/22/2002 10:20:45 PM PST by Chemist_Geek
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To: Travis McGee
It helped a lot when after Patrick Kennedy said "We're going to cram those pro-gun votes down their throats!", the House gained three pro-gun votes, and the Senate only lost one. Recent events in Virginia were also salutary. Not that we should let down our guard - we're not safe yet. Thanks for the ping alert.
24 posted on 01/22/2002 10:21:57 PM PST by 185JHP
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To: Mulder
"Next, they'll go from 'misdeamenors' to 'traffic tickets'."

They already use some traffic tickets as justification to prohibit CCW license in Michigan under the new "nondiscretionary" law (that's the law that still has the "gun boards" that decide whether or not you're a suitable person -- above and beyond any actual convictions).

BTW, what's that nonsense about "common scolding"? Are they serious? Yeah, stupid question, of course they're serious.

Common scolding. Good grief!

25 posted on 01/22/2002 10:23:52 PM PST by Don Joe
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To: Chemist_Geek
GMTA. :)
26 posted on 01/22/2002 10:25:36 PM PST by Don Joe
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Comment #27 Removed by Moderator

To: Mulder
It might get pretty hot before we settle that issue.
28 posted on 01/22/2002 10:27:10 PM PST by Travis McGee
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To: Travis McGee
Do any of us have "rights" any more, or are we merely serfs who have "privileges" at the discretion of our masters?

Well, that depends, Travis.

If you consider "rights" as something someone else gives you, then no, they are gone. Never did exist, actually.

If you correctly define "rights" as something you CLAIM as a FREE MAN, then they are yours. Lock, stock and barrel, as long as you live.

29 posted on 01/22/2002 10:29:05 PM PST by BikerTrash
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To: Chemist_Geek
I need to dig up the Ayn Rand quote about 'so many laws that everyone becomes a criminal subject to government control', and use it under the Schumer "anvil" quote.
30 posted on 01/22/2002 10:30:13 PM PST by Travis McGee
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To: Travis McGee
It ain't gonna work. Every quality law review - without exception - says 2A means what it says. They're flailing around in a bile-filled frenzy - but SCOTUS will come down for us. They're gonna get squashed.
31 posted on 01/22/2002 10:32:09 PM PST by 185JHP
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To: t-shirt
I HATE to say it but they will get their way sooner or later!!

The children of today are being hammered day-in and day-out with the PC mindset from the schoolroom to the television shows they watch! Their parents were, for the most part, raised the same way and they no longer possess the strong moral fiber that is required to turn this shameful attack on our freedoms back!!

On the bright side, most of the liberal messengers are the first to be exterminated when the transformation is complete, because they know it was a lie in the first place...ie...Stalinist Russia!!

32 posted on 01/22/2002 10:32:14 PM PST by Nitro
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To: 185JHP
Under the "Schumer Doctrine" the tyrants NEVER give up. It's always two steps forward, one step back for the gun grabbers.

"Click" goes the ratchet, because the Republicans are too spineless to roll ANY gun laws back.

33 posted on 01/22/2002 10:32:35 PM PST by Travis McGee
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To: BikerTrash
If you correctly define "rights" as something you CLAIM as a FREE MAN, then they are yours. I agree.

Lock, stock and barrel, as long as you live.Which may be until you get the "3AM flashbang wakeup call" from your local SWAT team as a known gun law resistor/domestic terrorist.

(Known from "tips", yellow forms, sales records, ammo purchase credit card records etc etc.)

34 posted on 01/22/2002 10:36:49 PM PST by Travis McGee
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To: 185JHP
Mebbe.

Meanwhile NJ will jail you for an 11 round magazine, ANY 11 round magazine.

MD will take your guns from an ex post facto 20 year old misdemeaonor.

And so on.

35 posted on 01/22/2002 10:38:48 PM PST by Travis McGee
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To: Travis McGee
Which may be until you get the...

Oh well. I did say, "as long as you live."

History proves freedom has a price.

36 posted on 01/22/2002 10:44:43 PM PST by BikerTrash
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To: Travis McGee;ftrader;scrabble;mbb bill;Jethro Tull;Free Vulcan;CharlyFord;edskid;exnavy...
bump
37 posted on 01/22/2002 10:45:00 PM PST by t-shirt
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To: Travis McGee
You're right - things could be better. The enemy is vile and vicious - but things will roll our way. All we need is one more Scalia - 2nd term Bush could deliver him. FReegards
38 posted on 01/22/2002 10:47:49 PM PST by 185JHP
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To: Travis McGee
I understand and I agree. I think once you have done your time (all prison and parole) your right to own a weapon should be restored, and your right to vote.
39 posted on 01/22/2002 10:49:01 PM PST by monkeyshine
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To: BikerTrash
History proves freedom has a price.

Yes, it does.

40 posted on 01/22/2002 10:55:02 PM PST by Travis McGee
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To: 185JHP
Or OTOH we are one justice away from a ruling that there is NO individual right to KABA.

It just comes down to whether we get a Ruth Baider Meinhoff or a Scalia.

41 posted on 01/22/2002 10:57:23 PM PST by Travis McGee
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Comment #42 Removed by Moderator

To: Travis McGee
Or OTOH we are one justice away from a ruling that there is NO individual right to KABA.

It just comes down to whether we get a Ruth Baider Meinhoff or a Scalia.

Travis, I thought you agreed with me about rights are something you claim as yours.

These people you mention, they're just people. They get paid more than we do for doing much less, but they're just people. They can't take your rights because they didn't give them to you to begin with.

You seem a little more, shall we say, pessimistic, than usual, Travis. Don't let 'em put you in a box, think outside the box, OK?

43 posted on 01/22/2002 11:10:09 PM PST by BikerTrash
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To: BikerTrash
The problem is, they are defining our rights down until we must inhabit a very tiny box to be considered "law abiding".

Step outside the narrow confines of their legalistic box, and you may find a "gun enforcement" SWAT team has your name.

They won't give a damn if you "consider yourself a free man" or not.

They'll just throw in the flashbangs, all in a night's work for our new gun gestapos.

44 posted on 01/22/2002 11:20:54 PM PST by Travis McGee
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To: Travis McGee
Everything you say is probably true, in fact, has happened already.

But you play the cards you're dealt, right? Us old bikers, (and most of the younger ones, bless their confused, little hearts), live by a creed. The gist of this creed has been verbalized in many different ways over the years. Boiled down to as few words as possible, the latest incarnation of the creed is painted/scratched/emblemized/decaled on many, many bikes.

Live free or die.

This is most assuredly not macho keyboard posturing, it is the way I live. It's the way I've always lived. It's the way I will continue to live until I ain't livin' no more. And it's not even my fault. I was told over and over again in grade school that this is a free country. I guess I was brainwashed, and they did it to me. And now, I'm too old to change.

I am not alone either, and it ain't just bikers. Lots of freepers live this way. Lots of a lot of people live this way.

I don't know how this all will end, but I do know that there are too many people who won't roll over and play dead for 'em. America, ugly liberal socialist warts and all, is still a purdy good place to be. On account of the people mentioned above, no doubt. So keep the faith!

45 posted on 01/22/2002 11:50:00 PM PST by BikerTrash
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To: Travis McGee
OK. We'll know more later. FReegards and stay safe. And "molon labe."
46 posted on 01/23/2002 12:06:38 AM PST by 185JHP
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To: Travis McGee;monkeyshine;Mulder;Squantos;

Is there anybody here on this thread that did NOT EVER (honestly now) commit a misdeamenor which would have been punishable by a year if caught and hammered by a judge with a hard on?

Seventy-five percent of the population breaks the law at least once a week; 20% break the law daily. Probably the only people not breaking the law are mostly young children. Give them a few more years and they'll be sucked into the "criminal" category too.

The U.S. Code contains all federal statutes and consists of 56,117 single-spaced pages. Taking up nine feet of shelf space consisting of forty-seven volumes. The Code of Federal Regulations consists of more than 134,500 pages of regulatory law spanning twenty feet of shelf space. Judicial precedents for Federal law stretch across 490 feet of law-library shelving that consists of 2,756 volumes.

How many of of those laws have you broken?

If it was possible to have enough cops to apprehend and process all law breakers and run them through the justice system society would run headlong into destruction. In a day society would come to a screeching halt. 

47 posted on 01/23/2002 12:33:53 AM PST by Zon
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To: Travis McGee
I need to dig up the Ayn Rand quote about 'so many laws that everyone becomes a criminal subject to government control', and use it under the Schumer "anvil" quote.

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." - Atlas Shrugged


48 posted on 01/23/2002 12:42:30 AM PST by Zon
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To: Travis McGee;expose;DoughtyOne
These is why citizens must agree to in advance to mutually defend their friends, family and neighbors from Un-Constitutional Gun Confiscation.

This way if some Gestapo stormtroopers, Chi-Coms or UN Gun Confiscation teams come to do illegal gun confiscation several of the targeted citizens nieghbors can fire from their homes or surrounding woods, etc and take out the criminal attackers with large caliber rifles in a defensive sniper fashion.

If say a forty man team shows up and violently breaks into a home to confiscate(steal) their weapons, and three nieghbors with 30.06's or 50 cal. and take out five or six of them, the rest will quickly retreat.

And resistence builds more resistence by inspiring others to mutually defend themselves in a like fashion, and also puts the fear of God into the criminal attackers.

49 posted on 01/23/2002 12:44:49 AM PST by t-shirt
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To: Zon
They don't want to stop actual crime, crime (Especially violent crime) is needed to scare people into giving up more rights.

But by making some many small things(some not even actual crimes) punishable by removal of one's firearms and removal of one's Constitutionally protected right to defend ones self with arms, you can arbitrarily, gradually disarm most people, or place them in prison, or put them in jeapardy of their life.

Whichever case, the tyrant can achieve his goal of disarmament of the most of the citizens and the intimidation of being arrested, killed, etc. of most of those who aren't as easily disarmed.

50 posted on 01/23/2002 1:01:40 AM PST by t-shirt
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