Maryland - Ammunition Tax and Encoding Bill is Back


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Norton
January 30, 2008, 08:15 AM
The numbnuts have brought back their backdoor gun ban. Tax the ammunition so heavily and then require the encoding which is so onerous that not a single ammunition manufacturer can afford to do it, and PRESTO, you have a de facto gun ban in Maryland.

This will have to go through both the Judicial Committee as well as the Ways and Means Committee.

All of the information you need is located here:

http://www.mdshooters.com/showthread.php?p=60849#post60849

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Standing Wolf
January 30, 2008, 10:04 AM
Tax the ammunition so heavily and then require the encoding which is so onerous that not a single ammunition manufacturer can afford to do it, and PRESTO, you have a de facto gun ban in Maryland.


Any time we give leftist extremists an inch in so-called "reasonable compromise," they're back in no time demanding a mile. It worked for Lenin, didn't it?

Norton
January 30, 2008, 05:06 PM
Surprised that a de facto ban on firearms isn't garnering more attention from our MD members.......:confused:

mike_in_md
January 30, 2008, 07:15 PM
I sent MICHAEL ERIN BUSCH, Speaker of House of Delegates an e-mail yesterday expressing my concerns about microstamping proposals. Suggest others in Maryland express their concerns to him as well.

http://www.msa.md.gov/msa/mdmanual/06hse/html/msa12196.html

I think that the biggest problem is that a criminal could just pick up range ammo and plant it at a crime scenes which would throw law enforcement of their trail.

novaDAK
January 30, 2008, 07:46 PM
If it passes, I bet the demand for reloading supplies in MD will skyrocket :D

(unless they already regulate powder and primers...I don't actually know)

And what would keep people from just coming over to VA or PA or WV and bring regular good ammo back home?

The same thing that keeps people from stocking up on cigarettes while in NC and bringing them home?...just hoping they'll get stopped for a traffic violation and then have their car searched?

NG VI
January 30, 2008, 10:03 PM
huh... maryland must be getting infected from d>c. hopefully the md legislature will have a tad bit more sense than whoever thought up this half-baked idea...

It's not about safety or crime prevention, it's about eliminating firearms completely and always has been

Norton
January 31, 2008, 08:27 AM
Hearing set for February 26th at 1pm.

Norton
February 4, 2008, 10:47 AM
They are really trying to screw us on this one...more than we know.

The bill will be heard in two separate committees at the exact same time.

1/30
First Reading Judiciary & Ways and Means
Hearing 2/26 at 1:00 p.m.

zxcvbob
February 4, 2008, 10:55 AM
Someone needs to get the bill amended so that law enforcement is not exempted. That will kill it.

W.E.G.
February 4, 2008, 10:56 AM
Maryland just keeps coming up with one more socialist program after another to fund the Welfare State that is Maryland.

Speed cameras, ammo tax, etc.

Meanwhile, there is currently a live bill pending to punish the VICTIM of a firearm theft if the victim fails to notify big brother when a criminal steals the victim's gun!


-----Original Message-----
From: mdrkba
Subject: MDRKBA report for week of 4 February


MDRKBA (Maryland Right to Keep and Bear Arms) for week of 4 February

STATUS OF LEGISLATION IN ANNAPOLIS

With the first of several procedural deadlines approaching on the House
side, bills are coming in fast, and some getting scheduled for hearings.

HB 275 will be heard by House Judiciary tuesday. A bill to demagogue guns,
it proposes to stiffen the already strong mandatory "multiplier" sentences
for using a handgun in a crime, and strip the court's ability to judge the
justice of such punishments. We oppose this bill. It teaches the public to
focus on guns, not criminals - in other words, the Brady Bunch message -
and on a practical level, it would deny justice to the cases of people who
are charged by predatory prosecutors after defending themselves with a gun.
Even the most trivial conviction, without jail time, can draw a mandatory
five year multiplier, as we've written about in the past. Some good people
needed gubernatorial pardons to get release from an unconscionable 5 year
sentence. This bill's sponsors want to make it even harder for a victim of
the justice system to defend himself, and all for no public safety value.

HB 517 is a 'California style' ammunition encoding mandate. Starting in a
couple years, ammunition for handguns would be banned if not marked with a
unique serial number, which would be registered to individuals at time of
purchase. Lots of bureaucracy with no public safety benefit, and costly to
boot - which is why the bill would levy a FIVE CENT PER ROUND TAX too.

SB 299 increases punishment for anyone under 21 to possess a handgun except
in specific circumstances. And another bill "for the children" is HB 655,
which will ban junior hunting up to the age of 13. (It sets a minimum age
requirement for getting a hunting license.)

SB 585 is the expected proposal to make it a crime to fail to report the
loss or theft of a handgun - something we know from testimony in previous
years would let police investigate the gunowner instead of go looking for
the thief! (Where else but Maryland do you get tough with the victim and
not the criminal?) Back to back with this measure from the Baltimore City
delegation is SB 586, yet another proposal (beyond those mentioned in the
report of last week) proposing expansions to the many ways that someone
may be ordered disarmed and have his guns confiscated - in some cases with
no day in court first!

Not all news is bad. SB 449 is now in the hopper, a marvelous little bill
that would ensure an honest citizen has NO DUTY TO RETREAT in self defense.
Thanks and a tip of the hat to the sponsors, Senators Pipkin and Brinkley.
(Yes, THAT PIPKIN - the one running for congress in Maryland's District 1.
So remember one of the good guys when you vote in the primary next week!)

We're also tracking some privacy legislation, which would affect records
the state maintains on you and "ID requirements". We will report on these
in a future issue. These bills should be of concern to any gun owner who
doesn't want to feel the full weight of government brought down on him in
a future anti-gun society. "Gun ban" and "air tight record keeping" add
up to "disarmed serf."

All gun bills and their status is available on-line at:
http://mlis.state.md.us/2008rs/subjects/guns$.htm
And of course you can always get the latest at http://www.myguns.net

====================================================================

*** MPFO WINTER RIFLE RAFFLE IS A WRAP ***

This MDRKBA report comes at the awkward moment between close of the
previous fundraiser and announcement of the next. But yes, there is
another event, and it should roll out in the coming week - we just
want to confirm the rifle's availability before we advertise it! :-)

So here is your chance to get first dibs on tickets for the NEW rifle
raffle. As always, all proceeds go to MPFO, so you know your donation
will get the best mileage in defense of our Second Amendment rights in
Maryland. You saw at the top what bills we're already fighting this
legislative session - and more is on the way. A strong pro-gun buildup
in the war chest sends leadership the message that our community won't
give them an easy fight of it, and it assures pro-gun friends that we
will be capable of effectively defending them in coming elections after
they go to the mat for us during sessions.

Details as always are at ...
http://www.myguns.net

Remember, each ticket goes for a $5 donation to MPFO. Send your most generous
donation (check written to MPFO) to:
MPFO c/o Mike Fleisher, Treasurer
11704 Enid Dr
Potomac MD 20854-3451
(Include a SASE for return of ticket stubs, or Mike will mark your ticket
numbers on your check as receipt.)

Marylanders for the Preservation of Firearms Ownership is the *only* political
action committee in Maryland dedicated to our Second Amendment -- and of course
the reason gunowners outside of Maryland care is that gun control we can stop
here won't come to you in your state. Historically Maryland is the front line
in defense against oppressive gun control, where whacky ideas are test driven
before they go on the road nationally. Stop bad legislation while it's cheap!
Authority: Mike Fleisher, Treasurer

========================================================================
MDRKBA (MD Right to Keep and Bear Arms) newsletter is an opt-in internet
service of Tripwire newsletter. As always, please email your request for
subscriptions, unsubscriptions, change address or other directly to
mdrkba @ myguns.net
Stay up to the minute by following on the web at http://www.myguns.net

baz
February 4, 2008, 12:56 PM
Somebody needs to go to those hearings and raise the "takings" issue. If this one is like the others I've seen, they require you to dispose of uncoded ammo after a certain date. Since ammo is costly, and represents an investment on the part of shooters, the government is obligated under the 5th Amendment (applicable to the states) to render "just compensation." Has the MD legislature calculated what it is going to cost them to reimburse (compensate) shooters for the ammo they have to destroy? I don't think so.

Norton
February 4, 2008, 01:22 PM
Somebody needs to go to those hearings and raise the "takings" issue. If this one is like the others I've seen, they require you to dispose of uncoded ammo after a certain date. Since ammo is costly, and represents an investment on the part of shooters, the government is obligated under the 5th Amendment (applicable to the states) to render "just compensation." Has the MD legislature calculated what it is going to cost them to reimburse (compensate) shooters for the ammo they have to destroy? I don't think so.


Is this really applicable? The 5th amendment and the takings issue deals with the principle of eminent domain.

What they would use to defend this is that they are going to give us a year to shoot out non-compliant ammo and thus, if we don't do that we would have to surrender it after the initiation date.

baz
February 4, 2008, 06:18 PM
Is this really applicable? The 5th amendment and the takings issue deals with the principle of eminent domain.There's a lot more to the notion of "takings" than the classic case of eminent domain. There is a whole body of case law dealing with "regulatory takings" where the value of something is reduced by federal regulation. This would be comparable.

Norton
February 4, 2008, 06:37 PM
baz,

Can you point me in the right direction? I'd love to do some more reading on this.

baz
February 4, 2008, 08:55 PM
This (http://www.cbo.gov/ftpdocs/10xx/doc1051/takings.pdf) analysis by the CBO is pretty good. Take a look at "Box 2" on Page 11.

A much more abbreviated intro can be found on Wikipedia (http://en.wikipedia.org/wiki/Regulatory_taking).

IANAL. I am, however, a regulatory economist, with training in environmental economics, where the concept of a regulatory taking is more common.

Googling "regulatory takings" will turn up a plethora of hits.

This would be a new application of the concept, but it still seems applicable to me: the government is passing a law that diminishes or destroys the value of private property. That is the essence of a "taking" that requires "just compensation" whether eminent domain is invoked or not.

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