OPPOSE Maryland Senate Bill 281, Protect the 2nd Amendment, OPPOSE Firearm Registration

MD State Legislature,

I am writing to you today because Maryland is facing a dangerous usurpation of the United States Constitution at the state level and you must OPPOSE Senate Bill 281.  Work is already being done at the Federal level and the state of Maryland will be affected by those changes. Political and emotional campaigns focused on disinformation, misrepresentation, and misguided leadership threatens a critical issue which is protected for all law abiding citizens of this country.  We all mourn the loss of innocent lives to tragic and senseless homicides committed by criminals However, most if not all of the perpetrators were afflicted by mental illness and many details surrounding the events has not been fully disclosed to the greater population to evaluate and understand in an unbiased forum.  Maryland initiatives to impose tightened licensing and restrictions on firearm ownership coupled with proposed limitations on functionality, and magazines capacity limits will have no bearing on a criminal’s desire to carry out crimes.  Sadly the proposals will only undoubtedly result in the endangerment of law-abiding citizens by subjecting them to criminals, who choose to live outside the law, and will be better armed in a confrontation.

Governor O'Malley is taking it upon himself to further restrict law abiding Maryland residents, despite the fact we are already among the most restricted in the nation, by pushing for increased control over a constitutional right to self-defense.  In June 2005, SCOTUS ruled that police, or other state/local law enforcement entities, do not have a Constitutional duty to protect the people.  I am a military veteran, who comes from a long line of military veterans and police officers serving in some of the largest cities in the country, and those officers will tell you firsthand that police do not prevent crimes.  Police only respond to crimes.  A police response is reactionary, the crime will proceed, and a citizen is responsible for his or her own safety until the event ends by some means.  In other words, citizens are responsible for protecting themselves, family, and property against those who seek to do them harm.  In 2012, of the 217 murders committed in Baltimore, not one was reported to have involved a criminal using a firearm, magazine, ammunition, or a weapon configuration that violated the 1994-2004 Federal assault weapons ban.   Violent crime statistics reported by the FBI demonstrate that states and locales with less restrictive firearms regulations reflect lower crime rates per capita, and lower violent crime rates, a statistic that has consistently trended downward over the past 20 years.  Maryland firearms laws are among the most restrictive in the country, and should be relaxed rather than tightened.  

First, I urge you to OPPOSE any new legislation reducing the current magazine capacity restriction of 20 to a number less than that.  To bind law abiding citizens based on the notion that, "if we can save just one life, it is worth it" is a fallacy.  Is it not also valid that private firearms were used to save the lives of citizens over 2.5 million times last year?  That figure equates to a life being saved about every 13 seconds in our country through the lawful use of citizens protecting themselves with a firearm.  Restricting the magazine or other load capacity of a firearm has the very strong potential to degrade the ability of a law abiding citizens to defend themselves against a scenario involving a single or multiple perpetrator home invasion, break-in, robbery, or other serious life threatening conflict.  Limitations on magazine capacities impede a law abiding citizen’s ability to protect their self when engaging multiple targets without wasting precious seconds between reloads, while under immense pressure and stress.   Law enforcement officers miss multiple shots in virtually all officer involved shootings in which a suspect, or multiple suspects, have fired at the officer.  Magazine capacity limitations will not change the magazine capacity criminals will arm themselves with, since criminals will not abide by the law in the first place.

Second, I urge you to OPPOSE any new legislation directed at making cosmetic or functionally ergonomic configurations of firearms illegal.  This includes restrictions on adjustable/telescoping buttstocks, thumbhole stocks, pistol grips, and handguards/free floated tubes/shrouds, forward pistol grips/foregrips, and other stock or handling configurations.  Firearms that adhere to current BATFE laws and regulations, including those regulated and registered with the BATFE,   gain no advantage or level of lethality due to these cosmetic configurations, nor do they make the firearm any more dangerous.  In fact, these cosmetic modifications aid in operator control resulting in increased safety and accuracy that enhance law-abiding citizens’ ability to manage the firearm in sporting, hunting, and self-defense practices.  The cosmetic configurations that some people ignorantly tout as "assault weapon or military style features" also aid in scaling the firearm configuration to the size of the operator, making for a safer experience.  Stock and grip configurations have no bearing on the lethality of a firearm and assertions being made that seek to classify the firearm or its appearance as an intimidating weapon are purely unfounded and baseless.  Do not pass laws based on misinformation or ignorance.

Third, I urge you to OPPOSE any new legislation directed at making cosmetic or functional firearm barrel (or muzzle) components illegal.   Muzzle compensators, muzzle brakes, and flash suppressors are in compliance with current federal BATFE regulations.  From a functional standpoint, legal muzzle devices adhering to current BATFE regulations reduce felt recoil and muzzle flames dispensed at the barrel by simply venting gasses in a manner that minimizes the effect of pressure exiting the barrel.  Muzzle devices allow a law-abiding citizen to better manage the recoil of the firearm and reduce the explosive flash exiting the barrel resulting in a safer method of use.  Muzzle devices are also extremely useful for citizens teaching their children or smaller body frame individuals the responsible handling and use of firearms.  Other devices, such as sound suppressors, which are currently regulated under the NFA by BATFE, have not been reported to have been used in any recent crime in Maryland.  Additionally, sound suppressors are legal in Maryland to hunt game and they support hearing protection for shooters by dissipating the gases during a shot in a manner that reduces, but does not eliminate (does not silence), sound.  Muzzle devices classified by the BATFE as flash suppressors and compensators, and current BATFE regulated suppressors, have zero bearing on the lethality of a firearm or ammunition.  

Fourth, I urge you to OPPOSE any new legislation regarding any misdirected proposals that reclassify or redefine certain semi-automatic firearms as “assault weapons” for the purposes of banning possession or use.  While it is legal to own a fully automatic assault weapon, with proper federal registration and approval from the BATFE, the semi-automatic firearms frequently portrayed by inexperienced and uninformed decision makers are functionally different than their federally regulated counterpart.

Fifth, I urge you to OPPOSE any legislation directed at licensing or issuing of permits for a Constitutional RIGHT.  Governor O’Malley is attempting to ask you to vote in favor of a proposal that puts our Constitutional RIGHTS on a very slippery slope.  Are we to assume that if the 2nd Amendment is restricted under a licensing program that our other rights are also subject to be licensed and restricted?  Quite possibly.  For instance, in a letter to a MD resident (a friend of mine) regarding a federal assault weapons ban, dated January 2, 2013, Congressman C.A. Dutch Ruppersberger responded by writing, “I believe strongly in the right to bear arms. But, like all constitutional rights, this isn't absolute.”  Not absolute?  Should we be questioning whether our elected officials are trying to limit, manage, or rescind our rights and liberties?  Regarding Congressman Ruppersberger’s statement, I think so.  Replace 2nd with 1st, 4th, or 5th Amendment—you see my point.  Congressman Ruppersberger should be recalled by his constituents for his position that Constitutional Rights are to be regulated by the government.  The Constitution was designed to protect the People from the government and the government is answerable to the People.  We are not subjects of the government.  Furthermore, the right to bear arms is simply that, a RIGHT, not a privilege, and any attempt to require additional fingerprinting, photographs, or other registration and regulation related to firearms, magazines, ammunition, or other shooting components should be considered to a violation of the Constitution and a therefore violation of a civil right.  In Maryland, we aren’t required to show any identification for voting in elections, but O’Malley wants Maryland citizens to REGISTER with the state in order to exercise a Constitutional Right?  This just does not make sense and is an expensive lesson that has failed to achieve results and its intent that other governments have already learned.  Maryland cannot afford to go down a any path of firearms registration financially or Constitutionally.

Sixth, I urge you to OPPOSE any legislation directed at any fees, duties, or taxes associated with owning or purchasing firearms, magazines, or ammunition.  Increased fees appended to the purchase price, or an annual excise tax or license fee, would result in the Maryland state government creating a new form of economic “HAVES” and “HAVE NOTS.”   This proposal will deprive individuals and their families of security by self-defense making it so that only those individuals who can afford the additional fees will be able to purchase or own a firearm.  Spatial statistics indicate that the highest crime rates occur in the poorest communities.  Enforcing registration fees will disarm law-abiding citizens in those areas, making them more vulnerable to criminal attacks.  Annual licensing of anything, especially a piece of property guaranteed by a Constitutional Right is akin to the government owning a citizen’s property, in effect owning their right.  This proposal suggests that if citizens do not pay a fee, then they are breaking the law and their property will be confiscated.  In essence, Maryland will strip the rights from those who cannot afford them and prosecute them for breaking the law.  This legislative approach is a direct infringement on our liberty, which is in effect government tyranny—the very reason our Founding Fathers instituted the 2nd Amendment.

Seventh, I urge you to SUPPORT enacting a hands-on firearms training requirement in the form of classroom training combined with practical live-fire qualification, military honorable discharge, hunter safety course, or other recognized state and out-of-state equivalents.  As a military veteran I fully support a training requirement that includes live-fire qualification and a practical hands-on safety examination to ensure competency beyond the current web-based video training offered by the Maryland State Police.  Having also completed a Maryland Hunter Safety Course in 2004, I would recommend strengthening the live-fire practicum of that course to include handgun safety procedures.  On private in-state and out-of-state firearms training, considerations should be made to accept courses qualifying to meet other the requirements of other states’ firearms certifications in reciprocity for concealed carry or other activities.

Eighth, I urge you to SUPPORT studies and the formation of exploratory committees to evaluate current mental health issues as they relate to violent crime.  Over the past half century, our country has gone from an inpatient medical treatment approach to mental illness to an outpatient medication process that puts full responsibility on the patient to take prescribed medication.  This flawed approach also puts responsibility on the doctor to prescribe mental illness patients the proper medication, dosage, and cocktail/combination of drugs (free of pharmaceutical endorsement and influence).  Since mental adjudication, which requires time spent in an institution or a court order declaring such, is a disqualifier for firearms purchase then certain prescription medications and their variants should also be considered a disqualifier.  The medical history of such medication should be disclosed at the time of purchase or transfer.

Ninth, I urge you to SUPPORT all efforts to eliminate the “finding requirement” documented as a good and substantial reason for a concealed carry weapons (CCW) permit and allow law abiding citizens to apply for and receive such a permit after completing an available qualifying training program while maintaining good standing in the community.  Maryland should recognize CCW permits issued by other states in reciprocity, or perhaps recognize permits of those issued as resident from other states, vice non-resident permits at the very least.  Every state that operates on a “Shall Issue” stance for CCW permit issuance has a lower crime rate per capita than Baltimore and the rest of Maryland.

Lastly, I urge you to SUPPORT increased efforts to encourage greater awareness among firearms owners to secure their firearms the same as they would secure their other personal valuables, such as jewelry, heirlooms, documents, coins, or other treasures.  Requiring locks on handguns does nothing to prevent against theft or unauthorized access; locked cabinets, locked cases, and even safes are an important part of responsible firearms ownership.  While mandating that all firearms owners procure an expensive storage device is not the answer, certainly educating them on the safe storage of their property is not unreasonable.  In instances where firearms owners have people living with them who have any of the following are concerned: a mental illness, prescribed psychiatric medication, or a history of violence; those owners should be encouraged to take necessary steps to secure their firearms on their premises or at another legal location.

History has demonstrated that criminals will never adhere to the restrictions Governor O'Malley is proposing in this new legislation.  The new Maryland firearms legislation being proposed will have zero effect on crime and will only limit the ability of law-abiding citizens to protect themselves.  O’Malley’s proposals will leave citizens outgunned and outmanned by predator or predators.  The measures you are going to vote on WILL HAVE A GREATER EFFECT ON LAW-ABIDING CITIZENS than criminals.  Do not let misguided intent overrule common sense – do not pass unnecessary laws that do not address the problem.

A large majority of Maryland residents are also firearms owners and 2nd Amendment supporters.  Any attempt by the Maryland legislature to tighten the already restrictive measures on firearms owners will result in an exodus to the freer surrounding states of Virginia and Pennsylvania.  The biggest loser in this scenario will be law-abiding citizen in Maryland, but if you impede our liberty even more we will vote with our feet and deprive Maryland of tax revenue as we seek residency elsewhere.  There are other downstream effects of an exodus that will affect an already shaky economy for the state by impacting the real estate market, schools, Maryland’s new gambling initiatives, intrastate commerce, and community social programs.

It is clear to us that you care greatly about representing the people of your district since you have fought to stay in office for years.  If you seek to violate the 2nd  Amendment, including further restricting the rights to firearms and their configurations, magazines, and ammunition types becuase of "SCARY" perceptions we will make it our mission to rally citizens in your districts through social media, advertising, and other resources to have you voted out of office in the next term and look to relocate our families to a state that does not thwart our ability to protect them.