Does the President or the Federal Government have the right to arrest a person, imprison them and throw away the key? All without charging them with specific crime and denying them the right to see a lawyer?
The Federal Government says they have that right and they made it into “law”. Each year they pass the National Defense Authorization Act, NDAA which among other things authorizes defense spending. It also authorizes the Government to imprison indefinitely any person they label a “terrorist”. Who does the Government think might be a terrorist? Tap here for the FBI’s flyer for potential terrorist activity for Coffee Shops
I have introduced a bill for the second time which would Nullify the Indefinite Detention of Maryland Citizens without due process.
HB1011- Maryland Liberty preservation Act has a hearing on Friday, March 7 at 12:30 pm in Health and Government Operations Committee. Please contact my office at 410-841-3047 if you are interested in testifying in favor of this bill. Contact members of the Committee to express your support for HB 1011
Introduced last session as HB 558- here are last years committee votes.
Ted Cruz opposed NDAA 2013 because it retained the Indefinite Detention Clause.
Today I voted against the National Defense Authorization Act. I am deeply concerned that Congress still has not prohibited President Obama’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.
“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial. When I ran for office, I promised the people of Texas I would oppose any National Defense Authorization Act that did not explicitly prohibit the indefinite detention of U.S. citizens. Although this legislation does contain several positive provisions that I support, it does not ensure our most basic rights as American citizens are protected- Ted Cruz (R) Texas regarding NDAA December, 2013
I desire a strong defense, however everyone should be afforded the protection of the 4th Amendment as laid out in the Bill of Rights to the US Constitution. With Department of Homeland Security funding studies like this one done in 2011 by the University of Maryland, its clear that the Federal Government is actively pursuing justification for redefining “terrorist” to include virtually anyone they want.
(Note: this study was funded by the Department of Homeland Security- essentially, you have the federal government funding studies to give “legitimacy” to redefining terrorists and terrorism any way they want.)
Further news articles:
On February 19th, HB 1010- Industrial Hemp, had a hearing in front of the Environmental Matters Committee. At the time HB 1010 was the only bill addressing industrial hemp. As I have stated, this bill would be a great economical and ecological benefit to Maryland. I was sure that I would be able to get supporters on both sides of the aisle because it is an important issue given the many benefits of Industrial Hemp. Turns out the Dems really like my idea. On February 21st, just two days after the hearing for HB1010, and well after the final drop date for filing bills, HB1472- Industrial Hemp- Pilot Program was introduced by Delegate Fraser- Hidalgo who just by chance maybe, sits on the Environmental Matters Committee.
HB 1472 differs from mine in a couple of ways, but over all the intent is identical. The most important difference is that HB1472 does not afford protection by the State of Maryland for farmers who grow hemp from potential action by the Federal Government which is still enforcing an Unconstitutional ban on growing hemp.
Now, it could be that his bill was in the works, even late for filing deadline, however it is typical that Delegates request co-sponsorships by email, and I did not receive such a request.
In The Law, Bastiat says “each of us has a natural right – from God – to defend his person, his liberty, and his property”. The State is a “substitution of a common force for individual forces” to defend this right. The law becomes perverted when it is used to violate the rights of the individual, when it punishes one’s right to defend himself again a collective effort of others to legislatively enact laws which basically have the same effect of plundering.
The work has significance and importance today because the same situation that existed in the France of 1848, exists in practically every country today. The same socialist-communist ideas and plans that were then adopted in France are now sweeping the world. The explanations and arguments then advanced against socialism by Mr. Bastiat are equally valid today.
If you are interested in reading material which clearly and succinctly lays out the proper role of Government and Law, and how that law can be perverted to accomplish the exact opposite of what it was originally intended to do, this work is of great importance.
The 9th Circuit Court of Appeals ruling yesterday could have major implications on Maryland’s concealed carry law. The ruling opens the door for a potential Supreme Court Case regarding the Constitutionality of concealed carry permitting.
Last year, the 4th District Court of Appeals struck down a US District Court ruling that Maryland’s requirement to show “good and substantial” cause for a permit was unconstitutional.
California’s permitting requirements are similar to Maryland. It is a “may issue” state. Permitting depends on the local sheriff or police chief from county to county. The law says you have to show good moral character and in San Diego, you also have to show good cause to get one. As in Maryland, self defense is not considered “good and substantial” reason. In its ruling, the 9th circuit said the county’s narrow view of good cause violates the 2nd amendment right to bear arms for self defense. article
Gun Rights resources:
I have reintroduced the Maryland Liberty Preservation Act, HB 1011 for this Legislative Session. This is a bill which would prohibit the State of Maryland to use Agents or resources to aid in the unconstitutional arrest and indefinite detainment of Citizens by the Federal Government under the Federal NDAA.
Last year this bill had tremendous support from various groups who came to testify, including the ACLU of Maryland.
Please consider appearing in Annapolis to testify in support of this bill on March 7, 2014 at 12:30 pm in the Health and Government Operations Committee, and contacting committee members in support of this bill.
I have introduced the following bill to authorize the growth, production and sale of industrial hemp in Maryland. I believe that the economic benefits of industrial hemp will be a viable option for Maryland farmers as a cash crop.
HB 1010- Production and Sale of Industrial Hemp- This bill is modeled after the Tenth Amendment Center’s “Hemp Freedom Act”. This bill would nullify the Unconstitutional Federal prohibition on Industrial Hemp, and potentially opening up an economic boon to Maryland by authorizing a person to plant, grow, harvest, process, possess, sell, and buy industrial hemp in the State. The bill prohibits the State of Maryland to utilize agents or resources to aid any Federal punitive or legal action against any farmer who grows industrial hemp as a crop.This Bill has the support of The Maryland Farm Bureau and the Farm Bureau of Anne Arundel County.
HB 1010 has a hearing scheduled on Wednesday, Feb 19 at 1pm in the Environmental Matters Committee.
What is Industrial Hemp?
Industrial hemp is derived from the Cannabis sativa plant, the same plant that marijuana is derived from. The two plants differ in that marijuana comes from the leaves and flowers of the female plant whereas, Industrial hemp come from the male plant and is grown for industrial use of the stalk and seeds primarily. They also differ in levels of tetrahydrocannabinol, (THC) the chemical that is responsible for its psychoactive properties. Marijuana plants contain levels of 3-15% THC and male plants grown for industrial hemp contain less than 1% of THC. Research has consistently shown that the low THC level in hemp plants is not capable of producing the psychoactive effects that true marijuana plants do
The plant serves as a good rotation crop—choking out weeds and surviving without the aid of polluting pesticides, while taking no more nutrients from the soil than a corn crop. The mature plant’s strength makes it impervious to storm damage. All parts of hemp (fiber, hurds and seeds) are economically important. Hemp can be grown in many climates and under many conditions. It is reported that Hemp is a great rotational crop with Soy and Corn. Given the corn and soy production of Maryland and specifically the eastern shore, Industrial Hemp is a natural for Maryland farmers.
The Washington Times reported this month the potential of a $500 million industry in American Hemp production.
Many American industries, including those in textiles, foods, oil and building materials, have shown a growing interest in hemp. American clothing Manufacturers grossed about $5 million in 1991 and $50 million in 1995 on hemp products. The proposed state research projects as well as the new technology and machinery needed for a developing hemp industry will provide new jobs. Import costs for American industries using hemp, currently estimated at $120 million, and would drop considerably if it could be produced domestically.
U.S. Congress – The 2014 Farm Bill that just passed Congress, included an amendment that relaxed a 75-year old restriction on growing and researching industrial hemp. The amendment clearly defines Industrial Hemp separate and apart from marijuana.
NCSL – The National Conference of State Legislatures in 2000 adopted a policy on Industrial Hemp. That policy resulted in a letter to then President Bill Clinton Urging the USDA and the DEA to distinguish between industrial hemp and marijuana.
For further reading:
Who supports it?
The policies and actions of the Governor and Democratic Controlled State Legislature has resulted in not only loss of individual liberty, but also the loss of economic advantage. Businesses like Beretta USA which had plans to expand in Maryland, but scrapped it after last years gun ban was passed, have packed up and left town.
Below is the letter written by CEO and president of Beretta Holding S.p.A, Ugo Gussalli Beretta- it is well worth the read.
My family has operated our business from the same small town in northern Italy for 500 years. This means that when we make a commitment to a local community, our hope is to do so for decades, if not centuries, to come.
We apply this same philosophy to all of our factories and locations throughout the world. Such a commitment is not a one-way street, though.
In return for our investment in jobs, facilities and assistance to the local economy, we ask for respect and a supportive business climate.
We deserve such respect. We make the standard sidearm for the U.S. armed forces. We also make firearms that police and consumers use to save their lives and the lives of others.
We also make sporting firearms that are enjoyed by tens of millions of people worldwide, from Olympic shooters to weekend hunters.
Our business has grown in recent years, and because of that, we needed to expand production in our U.S facility, located in Accokeek, just outside of Washington, D.C., in the Maryland suburbs.
Unfortunately, as we were planning that expansion, Maryland’s governor and legislature voted in favor of new regulations that unfairly attack products we make and that our customers want.
These regulations also demean our law-abiding customers, who must now be fingerprinted like criminals before they can be allowed to purchase one of our products.
We have seen these types of legislative proposals in Maryland before, and they never seem to reduce crime. Maybe this is because the proponents of such legislation blame the product instead of human misconduct.’
But in any event, because of these new restrictions and the pattern of harassment aimed at lawful firearm owners we have seen in Maryland over the decades, we decided to expand our facilities in a state that shows more respect for citizens who exercise their Second Amendment rights.
We chose Tennessee for our new facility expansion. Our plans for that location are extensive and long-lasting.
We chose Tennessee because the governor and legislators in that state understand what it means to support businesses (such as through job recruitment and training programs) that improve employment in the state without treating companies as a necessary evil.
We chose Tennessee also because the vast majority of its residents and their elected officials have shown that they respect and honor the American tradition of personal freedoms, including the right to bear arms.
Ugo Gussalli Beretta
The following are summaries of gun bills introduced in the 2014 Legislative Session. If you feel strongly about any of them, please click on the link for the sponsor for their contact information.
This bill is a repeal of the requirement that the State Police determine “good and substantial” justification for issuing a Concealed Carry Permit.
This would require Maryland recognize Concealed Carry Permits issued by other states.
This bill would permit possession or transport by a nonresident of the State of an assault weapon or a detachable magazine that has been legally purchased outside the State for the purpose of using the assault weapon or detachable magazine to participate in an organized military activity, a target shoot, formal or informal target practice, or a sport shooting event, having the assault weapon or detachable magazine repaired at a bona fide repair shop, or traveling through the State for a lawful purpose. This bill intends to resolve the issues created by SB 281 which would make non residents engaging in military or sport shooting events in Maryland or traveling through Maryland “criminals” and subject to potential arrest.
This bill requires the Secretary of State Police to issue a handgun permit to a person who has been issued a handgun qualification license. The HQL is now a requirement for all purchases of handguns in Maryland as per the new assault weapons ban of last year.
This bill would prohibit a person from using any material to create or modify a detachable magazine and prohibits a person from using a 3-dimentional printer to manufacture a firearm receiver.
Would ban 8th day transfers, allowing the MSP to shut down handgun sales simply by not acting on applications. The 8th day release was implemented because of the risk that MSP would use the approval process to shut down firearm sales.
This bill creates a task force to study implementation of requiring GPS devices on every firearm. This would also open the door to a firearm registry. And expenses and compensations to the members of the task force would be funded by your tax dollars.
This bill would extend the prohibition of “deadly weapons” including firearms and knives on school property to include Private School property. While this exempts police and any potential school guards, it’s clear that such laws do not actually stop criminals from bringing weapons onto school property.
State legislatures have begun to decriminalize marijuana. This is very important, even if you don’t support marijuana use, personally. This issue goes beyond simple decriminalization of marijuana because it is not only about the freedom to make your own choices as to what you eat, drink or smoke, it is about liberty and the return to true constitutional governance. The result of the States’ refusal to accept unconstitutional federal over reach has positive implications on the future of Liberty and governance, which the Founders always intended to reside in the States.
The Federal Government has never had the authority to ban marijuana within the states. The clearest evidence of this is the simple fact that it took an amendment to the Constitution, (the 18th ) to prohibit alcohol and another amendment,(the 21st) to repeal the alcohol prohibition. To date there have been no such amendment to prohibit marijuana.
To further support my argument, The 10th Amendment to the Constitution states, “The powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” This means that any prohibition, regulation or other law regarding marijuana is left to each state to enact, by means of their legislative process supported by the citizens of that state.
What we have instead, is decades of unconstitutional federal “Law” and regulation that has gone unchecked because of the misrepresentation of the Supremacy Clause by the courts. The Supremacy Clause has been used as an argument against nullification. The Supremacy Clause states “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land” The power lies within the states, by way of the elected legislature to determine if a law is pursuant to the Constitution. On the other hand, if the law is indeed unconstitutional, nullification is not only justified, but the duty of the individual states to ignore.
Nullification under the Doctrine of Interposition is the rightful remedy for unconstitutional Federal “Laws” as clearly intended and argued by Thomas Jefferson.
“…but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them”
Let’s be clear, nullification is not an act whereby a state simply refuses to comply with a Federal law it does not like, it is the claim that the law is not a law at all because it is unconstitutional.
Individual States all over the US are currently exercising this right by considering a number of legislative actions that would nullify illegal, unconstitutional Federal “laws” such as obamacare, any federal firearms ban, registration or limitations, and the prohibition of marijuana. The debate is not simply about marijuana legalization; it is a debate whether or not to return our country to true Constitutional governance.
In an effort to address this issue, I am proposing a number of Nullification bills the bill pertaining to Marijuana is entitled the”cannabisfreedom2014
The 2014 Legislative session is underway. I will be using this site to post updates and track bills of special interest to the cause of liberty and constitutional governance in Maryland.
To kick things off I’d like to highlight a couple of bills that have already been introduced in the MD House of Delegates by Delegate Frank Conaway
This bill states that you have no right to respond to violence with anything other than retreat and that self defense can only be used as a defense if you can prove that you had no means of escape.
In other words, it does not matter that a violent criminal is in your home with a gun threatening you, your wife and your children, you may not defend them so long as you can crawl out the window, climb down a fire escape and run down the street for” help”.
This bill makes it illegal for you to not follow the orders of a 9-11 operator.
This bill establishes a task force to study the “feasibility, utility and costs” of using GPS technology to track every firearm sold and possessed in MD. You read that right, it lays the ground to potentially put gps devices on every legally owned firearm in MD. The bill also establishes that state money (your dollars) be spent conducting this “study”
If you have any questions about these bills you can contact Delegate Conaway by email email@example.com or phone 410-841-3189
Regretfully, Maryland refuses to recognize the legitimate Constitutional right to Keep and Bear Arms under the 2nd Amendment of the U.S. Constitution. There is no Constitutional provision that supports Maryland’s position that all firearms must be registered with the State and that you must hold a State issued permit to lawfully carry a firearm. I have always held and voted that every Law-Abiding citizen has the right to own and carry a firearm without a permit. After all, Alaska, Arizona, Arkansas, Vermont, Wyoming and Oklahoma, do not require a permit to carry a firearm in public. Click Here for additional information on Constitutional Carry states.
other helpful links: