Dwyer's Pro Gun Record
Thursday, August 31, 2006
Delegate Dwyer responds to attacks by MFPO and Jim Purtilo
I have remained silent while Mr. Purtilo has publicly attacked me. You may have read in his August newsletter his claim that I am the reason the attempt to repeal Ballistic Fingerprinting failed. He goes on to admit to you (the reader) that pro-gun groups who look at the record, not the rhetoric, have named Dwyer’s (my) defeat a priority. I would sure like to know other than MFPO, what pro-gun group has targeted me for defeat.
Following is my legislative record in response to this attack. To date, you have only read one side of the story, its time you hear my side. I am a member of the House Judiciary committee where gun issues are heard and I know first hand what went on.
The tension between Mr. Purtilo and I began shortly after Delegate Carmen Amedori refused to sponsor the “Right to Carry” bill because of the attacks on her by Mr. Purtilo. When Carmen no longer wanted the RTC bill, I asked her to allow me to sponsor and fight for it. She agreed and I became the lead sponsor of Maryland’s right to carry legislation. You may recall the nasty attacks on Delegate Amedori. They too were unwarranted and mean spirited.
To my shock and amazement, shortly after I filed the “Right to Carry” bill, Mr. Purtilo and Jennifer Palmer representing the NRA, lobbied me to withdraw it. They argue still today that the RTC bill will be turned into a gun ban if it goes to the House floor and that we need a low-key handling of gun issues. This is a flawed premise. If the liberals wanted a gun ban on the House Floor, it would have been there. That is because they have the votes and they control both the House and the Senate. To confirm this, simply look at the record number of veto overrides.
Every year Mr. Purtilo and Jennifer Palmer lobby me to lay low and not push for RTC and every year I have refused and have held fast that I will continue to fight for your Constitutional rights.
Mr. Purtilo indicates that I tried to have the NRA removed from Maryland. The truth is that after several years of being lobbied to withdraw the RTC, I began to question the NRA agenda for Maryland. I knew that the NRA claimed that they were fighting for RTC across America but here in Maryland there seemed to be a different plan so I decided to write the NRA and ask for their official position regarding Maryland. I was told that because of the liberal makeup of the Maryland General Assembly, the NRA does not believe its wise to put an RTC bill on the floor. They fear that it will be turned into a gun ban. I disagree. I believe that until we put a bill on the floor for a vote, we do not know who the enemy is. Without a vote, there is no proof that our friends are really our friends.
During the 2006 legislative session Mr. Purtilo with Mrs. Palmer and a process server at his side, served me with a summons. The charge was that I refused to obey the Freedom of Information Act. The court found that I had not violated the law and threw out the case.
Mr. Purtilo claims that I am responsible for the failure of the attempt to repeal Ballistic Fingerprinting. What he fails to tell you, is the following:
In 2003 HB579 (Ballistic Fingerprint Repeal) was sponsored By: Delegates Smigiel, Dwyer, Costa, Sossi, and Walkup it was Entitled: Handguns - Identification Requirements – Repeal. Synopsis: Repealing the requirement imposed on specified handgun manufacturers to provide to handgun dealers shell casings of projectiles discharged from handguns and specified additional information; and repealing the requirement imposed on handgun dealers to forward shell casings and specified information to the Department of State Police Crime Laboratory.
The bill did not get out of committee.
2004 HB410 sponsored By: Delegates Smigiel, Dwyer, Boteler, Cluster, Costa, Elmore, Impallaria, Jennings, Kach, McConkey, Myers, Sossi, Stull, Walkup, and Weldon Entitled: Handguns - Identification Requirements – Repeal. Synopsis: Repealing the requirement imposed on specified handgun manufacturers to provide to handgun dealers shell casings of projectiles discharged from handguns and specified additional information; and repealing the requirement imposed on handgun dealers to forward shell casings and specified information to the Department of State Police Crime Laboratory.
The bill did not get out of committee.
2004 HB251 sponsored By: Delegates Kelly, Amedori, Boutin, Edwards, McKee, Myers, O'Donnell, Owings, Shank, Stull, and Weldon Entitled: Public Safety - Handgun Identification Requirements - Repeal Synopsis: Repealing a provision that establishes a procedure for the collection and reporting of handgun shell casing information; etc.
The bill did not get out of committee.
2005 HB179 sponsored By: Delegates Cadden, Conway, and Smigiel Entitled: Public Safety - Repeal of Procedure for the Collection and Reporting of Handgun Shell Casing Information - Personalized Handgun Technology Report Synopsis: Repealing a provision that establishes a procedure for the collection and reporting of handgun shell casing information; and requiring the Handgun Roster Board to report on the status of personalized handgun technology once every 3 years instead of annually.
The bill did not get out of committee.
2006 HB12 sponsored By: Delegate Smigiel Entitled: Repeal of Procedure on Shell Casing Information - Timing of Report on Personalized Handgun Technology. Synopsis: Repealing a provision that establishes a procedure for the collection and reporting of handgun shell casing information; and requiring the Handgun Roster Board to report on the status of personalized handgun technology once every 3 years instead of annually.
The bill did not get out of committee.
Now that I am fully involved in my re-election campaign, Mr. Purtilo has taken two more shots at me by sending two slanderous postcards into my legislative district. Fortunately, the postcards have had the reverse of Mr. Purtilo’s intended effect.
I have represented you to the best of my ability. Just to be certain that you know where I stand on your issues, I have listed below the gun bills that I have sponsored or co-sponsored over the past four years.
2003
Co-Sponsored HB 579 Repealing the requirement imposed on specified handgun manufacturers to provide to handgun dealers shell casings of projectiles discharged from handguns and specified additional information; and repealing the requirement imposed on handgun dealers to forward shell casings and specified information to the Department of State Police Crime Laboratory
Co-Sponsored HB 583 Repealing the prohibition against a dealer selling, offering for sale, renting, or transferring in the State specified handguns unless the handguns are equipped with an external safety lock or an integrated mechanical safety device; and repealing requirements relating to specified duties of the Handgun Roster Board.
Co-Sponsored HB 744 Authorizing a law enforcement agency of a county or municipal corporation to allow a current or retired law enforcement officer to keep or acquire the handgun assigned to the officer under specified circumstances.
Co-Sponsored HB 858 “Project Exile” Prohibiting a District Court commissioner from authorizing the pretrial release of a defendant charged with specified crimes; requiring a judge to consider as a rebuttable presumption that a defendant charged with specified crimes will flee and pose a danger to another person or the community; prohibiting a specified panel of judges, when reviewing a sentence, from decreasing a mandatory minimum sentence imposed for crimes involving firearms under specified circumstances; etc.
2004
SPONSORED HB 859 “Citizens Protection Act 2004” RTC Altering the requirements and procedures for application for, and issuance of, a handgun permit; altering and eliminating specified fees; eliminating modified and limited handgun permits; eliminating the requirement that the holder have a good and substantial reason to carry a handgun; requiring an applicant to meet specified criteria and conditions to obtain a permit; requiring the Secretary of State Police to approve or reject an application for a handgun permit within a specified period of time; etc.
Co-Sponsored HB 410 Repeal Ballistic Fingerprint Repealing the requirement imposed on specified handgun manufacturers to provide to handgun dealers shell casings of projectiles discharged from handguns and specified additional information; and repealing the requirement imposed on handgun dealers to forward shell casings and specified information to the Department of State Police Crime Laboratory.
Co-Sponsored HB 414 Repealing the prohibition against a dealer selling, offering for sale, renting, or transferring in the State specified handguns unless the handguns are equipped with an external safety lock or an integrated mechanical safety device; and repealing requirements relating to specified duties of the Handgun Roster Board.
2005
SPONSORED HB 1211 “Citizens Protection Act 2005” RTC Altering the requirements and procedures for application for, and issuance of, a handgun permit; altering and eliminating specified fees; eliminating modified and limited handgun permits; eliminating the requirement that the holder have a good and substantial reason to carry a handgun; requiring an applicant to meet specified criteria and conditions to obtain a permit; requiring the Secretary of State Police to approve or reject an application for a handgun permit within a specified period of time; etc
Co-Sponsored HB 297 Crimes Committed with Firearms - Mandatory Minimum Sentences and Imprisonment at Hard Labor
Co-Sponsored HB 527 Transportation of Firearms Modifying a specified exemption from the prohibition against the wearing, carrying, or transporting of specified firearms to allow stops along the way to and from specified activities for rest and refreshment.
2006
SPONSORED HB 859 “Shall Issue” Repealing the requirement that the Secretary of State Police find that a person has a good and substantial reason to wear, carry, or transport a handgun before issuing a handgun permit to the person.
SPONSORED HB 1162 Women and Children's Protection Act of 2006 Allowing women to carry for the purpose of the protection of herself and her children…establishing qualifications for a permit to wear, carry, or transport a handgun for women.
Co-Sponsored HB 529 Declaration of Rights - Right to Keep and Bear Arms Establishing a constitutional right to keep and bear arms for the defense of self, family, home, and State, and for hunting and recreational use; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection.
Co-Sponsored HB 660 Making it a misdemeanor to use any firearm in the commission of a crime of violence or a felony, whether or not the firearm is operable at the time of the crime; etc.
Co-Sponsored HB 587 Crimes - Use or Attempted Use of Stun Gun on Law Enforcement Officer – Prohibition. Prohibiting a person from intentionally using or attempting to use a stun gun on another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer's official duties; establishing criminal penalties for a violation of the Act; and defining specified terms
Co-Sponsored HB 660 Criminal Law - Use of Firearm in Commission of Crime. Making it a misdemeanor to use any firearm in the commission of a crime of violence or a felony, whether or not the firearm is operable at the time of the crime; etc.
Co-Sponsored HB 1382 Regulated Firearms - License Issued by another State – Reciprocity
Specifying that a license to carry a regulated firearm, including a concealed regulated firearm, issued by another state to an individual is valid in Maryland
In closing, I would just like to ask your opinion regarding RTC legislation. I just need a simple yes or no reply. Do you want me to continue to submit RTC legislation if I am re-elected?
If you respond, Please include your complete mailing address and phone number. I will publish the results of the response and I will NOT disclose your contact information to anyone. It has been my pleasure to represent the interest of the gun community.
Constitutionally yours,
Delegate Don Dwyer, Jr.
House Judiciary Committee
P.S. Regarding the “Repeal of Ballistic Fingerprinting”, none of the bills made it to the floor. There was no deal as Mr. Purtilo has indicated! The only gun issue we won on was holding back the AWB. As session ended I spoke to Chairman Vallario of the judiciary committee. He told me that if we had NOT had the RTC bills there would have been nothing to prevent him from sending the AWB to the floor for a vote. As result, the RTC bill was a great help in defeating the AWB according to Chairman Vallario.
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Delegate Dwyer is asking for your responses regarding ccw bills. I would point everyone (Including Delegate Dwyer to this thread:
http://www.thehighroad.org/showthread.php?t=211581 in which 35 of 51 respondents voted for ccw as their key issue.