Maryland Legislature

Published on: March 13, 2012

Maryland Gun Law Found Unconstitutional

A federal judge has found a controversial Maryland gun law unconstitutional pursuant to a recent ruling. The key issue of the handgun law is the section that requires Maryland residents to show a “good and substantial reason” to carry a gun outside of their home in order to receive a permit from the state. A civil lawsuit challenging the firearm law was filed in the United States District Court for the District of Maryland, and judge Benson Everett Legg presided over the case. The plaintiffs consisted of multiple parties including the Second Amendment Foundation, a non-profit organization which promotes gun possession and ownership rights, and a Baltimore County resident.

This Maryland gun law in question prohibits the carrying of a handgun outside of the home whether the handgun is carried out in the open, or concealed. In fact, the only way to legally carry a handgun outside of the home is to receive a permit from the Secretary of the State Police. An applicant must meet a variety of strict requirements in order to be granted such a permit from the Maryland police secretary’s office.

An applicant for a hand gun permit in Maryland must not be a convicted felon, not have been convicted of a misdemeanor for which the term of imprisonment is greater than one year, and must not have been convicted of any drug crime. The Maryland law also prohibits drug addicts, alcoholics, and anyone who has shown a propensity for violence or instability from obtaining a handgun permit. The controversial section of the law though, and the section that lead to the lawsuit being filed is the ambiguous “good and substantial reason” requirement.
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Published on: March 10, 2012

Should Maryland Decriminalize Marijuana And Other Drugs?

By Benjamin Herbst

Each year thousands of defendants are arrested in Maryland for possession of marijuana and other drugs such as cocaine and and prescription pills. The costs of enforcing Maryland marijuana laws and other drug laws were revealed in part one of this post. In part two we will discuss the possible positive effects of decriminalizing marijuana in Maryland.

Decriminalization does not necessarily mean that drugs would be legal, rather it simply means that those caught possessing marijuana or other decriminalized drugs would not face criminal sanctions such as jail time. Penalties could still be imposed, including fines, and tickets similar to parking infraction tickets. Decriminalization must occur at the state government level and at the local level in order to be effective.

To initiate decriminalization of marijuana the Maryland Legislature would elect take its drug laws off the books, forcing local governments such as Baltimore City or Baltimore County to instruct its police officers to stop making drug arrests. If local governments have their own drug laws, they could choose to continue to enforce them unless the Maryland legislature enacts specific legislation prohibiting this. Ideally decriminalization would be a joint state and local effort, but Maryland state law would prevail in case of a conflict.
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Published on: February 27, 2012

Inmates to Lose Jail Good-Time Credits for Cell Phone Possession

By Benjamin Herbst

Prison inmate’s sentences are currently up for debate in the Maryland legislature, but it’s the inmates who have been doing the talking. A bill before the Maryland State Senate calls for an automatic reduction in the amount of good-time credits a sentenced inmate typically receives by the Maryland Division of Corrections if that inmate is caught possessing a cell phone while incarcerated. The bill was presented to the Legislature by Senator Shank, a republican from Washington county.

Those if favor of the bill argue that an inmate who gets his hands on a cell phone places the corrections officers and other inmates at risk, as well as the outside community. Inmates have the ability to organize potentially dangerous actions within the prison walls in addition to being able to conduct criminal activity, such as drug trafficking or witness intimidation beyond the prison walls.

Under Maryland law, cell phones are telecommunication devices that are considered contraband. Contraband such as cell phones, radios, or any other devices that transmit communications are prohibited in places of confinement. Possession of contraband in a place of confinement is a misdemeanor that is punishable by up to 3 years imprisonment, and a $1000 fine. The bill currently up for debate would not change or take the place of this misdemeanor, but rather would serve as additional punishment by affecting the sentence an inmate is already serving on an unrelated crime.
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