source: sky9

Warrantless Search- Justified?

Do your rights end when someone else commits a crime? Gun owners have have had to fight this battle for a long time, but the non gun owning citizen may be experiencing this type of attack on inalienable rights for the first time as we continue down a path toward a complete police state.

On Tuesday, March 11, a bank in Montgomery County Maryland was held up by armed men. The subsequent manhunt resulted in I 270 being shut down in both the Northbound and Southbound travel lanes. Citizens were ordered to open their trunks by armed police. It is my belief and contention that this violates your rights as a citizen of Maryland under Article 26 of the Maryland Declaration of Rights.

That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted.

source: wash post

source: wash post

In response to citizen outcry, Rockville Police Chief, Tom Manger defended the action citing “exigency of circumstance” as the justification.
I would argue that exigency of circumstance does not and should not apply to such a broad area as a blockaded roadway full of ordinary citizens going about their daily travel. Exigency of circumstance should only  be used in the narrowest sense, a particular dwelling, structure or in this case particular vehicle. Narrow because used too broadly results in violation and erosion of individual rights, as we can clearly see in this instance.

Though there were 3 different police agencies involved, because it took place on a State road, I have written a letter to Col. Marcus Brown of the MD State Police to express my concerns and ask for clarification on the legal justification of their actions.

read it! tap below

ColonelMarcusBrown

I will update here when and if I get a response.

source: sky9

source: sky9

 

Further reading:

ABC News “wall of police shut down road to nab bank robbers”

Channel 7 Maryland Bank robbery suspects in custody, I 270 open

CBS DC Massive police hunt shuts down I 270

Outside Commentary (blogs):

Police State USA manhunt car to car searches

My Daily Informer

Blacklisted News

Contact information:

Maryland State Police

410-653-4219 / msp.superintendent@maryland.gov

Rockville Police

(240) 314-8900/  safety@rockvillemd.gov

Montgomery County Police

(240) 777-7066

 

 

 

constitution_quill_pen-300x197

Cannabis Freedom Act HB 1016

constitution_quill_pen-300x197I am aware I may be opening up the proverbial can of worms, however this issue is an important one and I would welcome the debate and the opportunity to hear your thoughts.

My bill, HB 1016 – Cannabis Freedom Act is scheduled to be heard in the House Judiciary Committee tomorrow. Hearings start at 1pm.

This bill alone DOES NOT make Marijuana legal for any use in the State of Maryland. This bill is a NULLIFICATION Legislation and it would prohibit the State from assisting the Federal Government from taking any punitive or legal action against any citizen of Maryland in regards to any form of marijuana use in accordance with any law or regulation passed by the STATE of MARYLAND. In other words, Should Maryland pass HB879- Marijuana Decriminalization Act or HB880- Marijuana Control Act , these laws would be considered the laws of Maryland, without the shadow of the Federal Government’s unconstitutional prohibition on cannabis.

And there it is- the controversy. Are Federal marijuana laws unconstitutional? The basis of HB 1016 lies in rejecting the idea that the Federal Government has the Constitutional authority to prohibit and ban marijuana.

I ask that you consider the following:

When the Federal Government desired to prohibit the possession, sale and use of alcohol in 1919 it took an amendment to the Constitution, (the 18th ) to grant the constitutional authority to do so. When the disastrous policy failed and the Government wanted to repeal it, they needed to pass yet another amendment to the Constitution,(the 21st)

To date there have been no such amendment to prohibit marijuana.

How many of you believe that the Federal Government has the right to prohibit or ban private ownership of guns or certain types of guns and small arms? Most conservative republicans would rightly say it does not have that authority to do so! Yet many of those same people support such a ban on marijuana, why? ” But Delegate Dwyer, the second amendment protects gun rights!”

Folks- the Bill of Rights does not grant you 10 specific and limited rights, the Bill of Rights places a limit on the Federal Government for certain enumerated inalienable rights and the 10th amendment specifically protects all inalienable rights NOT ENUMERATED and clearly states that any power not given to the Federal Government resides in the State or the PEOPLE.

“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 YOU- not the Federal Government, have the right and responsibility to determine such issues as marijuana law. You do this by means of your local and State representative. Many states are considering legislation to regulate and tax marijuana, including Maryland. However, citizens who comply with State law  are still in danger of Federal action which result in thousands of dollars spent in legal fees and even jail sentences as happened in the case of Robert Duncan, of California who worked for a dispensary made legal by California State law.

Monday afternoon, Robert Duncan will report to Mendota Federal Correctional Institution near Fresno, Calif., to begin a two-year prison sentence. His crime? Working for a medical marijuana business that was legal under California state law. Not owning it; not profiting from illegal sales. Merely for being employed by the business. Read the full article

As I stated, this bill alone does not legalize marijuana use or possession, however, this bill paves the way for Maryland to begin re-assessment of Marijuana laws and policy.

If you would like to support this bill, you may appear in person to testify, submit written testimony by noon tomorrow to the Judiciary Committee and or call or email  the members of the committee in support of HB 1016

This bill has the support of:

LEAP – Law Enforcement Against Prohibition

NORML

Marijuana Policy Project

Tenth Amendment Center

Further Reading:

 Marijuana Freedom is Liberty

Denver Post- 64 Answers to Commonly asked Questions about Marijuana Legalization in Colorado

Federal Prison for Legal Grower

 

 

hat-throw

College Scholarships Available!

hat-throwOne of the nicer things I get to do as a State Delegate is award scholarships to young people seeking to further their education.

Students looking for scholarships to assist with college expenses should apply for the House of Delegates Scholarship Program.

If you live in my district, (District 31- Glen Burnie, Pasadena, Brooklyn Park and small areas of Millersville and Severna Park) and are interested, please print the Scholarship Application and return it to my office by March 31, 2014

Please include with your application your recent transcript ( this can be a copy) and letter of recommendation.

 

Applications can be mailed to:

Delegate Don Dwyer, Jr.

attn: Scholarship Committee

6 Bladen Street Suite 216

Annapolis, MD 21401

 

Alternatively, you can email it to me at don.dwyer@house.state.md.us or fax it to 410-841-3779

I, along with my scholarship committee will consider merit as well as need- though we do not require the FASFA.

If you have any questions please direct them to my Legislative Aide, Louisa Baucom at 410-841-3047

If you are not sure if you reside in my district, you can go to MDELECT.net to find out.

Returning Students- if you received an award from my office last semester, please tap here for instructions.

 

 

 

judge moore monument

Join Judge Roy Moore for “Learning and Living the American View: Practical Approaches to Restore Liberty”

judge moore monumentPlease consider joining Judge Roy Moore, Larry Pratt (Gun Owners of America) and Commissioner Richard Rothschild at a one day conference of seminars designed to equip you with the tools to define liberty and defend freedom.

Many years ago, I was in the Alabama Court room when Judge Roy Moore was removed from the bench for refusing to remove a small concrete monument of the Ten Commandments from the lobby of the Alabama Supreme Court building. I consider him to be a personal friend and I can tell you first hand that he is a wealth of knowledge. Likewise, Larry Pratt is another man who I am honored to call a friend. Like Moore, he too is well equipped to provide a treasure trove of useful information.  Commissioner Rothschild is elected here in Maryland and is walking the walk and talking the talk regarding protecting the Constitution and defending Liberty.

The opportunity to hear from these three men in the same place on the same day and here in Maryland, is a priceless opportunity. I am personally recommending that you attend this one time event.

 

When: Saturday March 15th 8:00 am – 4:00pm

Where: Severn Christian Church, 8132 New Cut Road, Severn MD 21144

Early Registration rates available until Monday March 10th.

Individual- $75

Couple- $120

Family of 4-$150

Family of 6-$175

Register early, seating is limited. Tickets purchased after March 10th and at the door are $100 pp

Click A Rate Below to Register

Individual Registration: $75

Family of Two Registration: $120

Family of Four Registration: $150 

Family of Six Registration: $175 

email karen@TheAmericanView.com for additional Family rates or details for the event or call IOTC at 866/730-9796

Liberty Preservation Act of 2014 (Obama Can’t Imprison You Without Due Process!)

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.

University of MD/DHS funded Study: Terrorism Hot Spots. Article in the Blaze 2011

(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:

Obama signs NDAA without objecting to indefinite detention of Americans

Obama wins back the right to indefinitely detain under NDAA

ACLU Opposes Indefinite Detention

 

19th Century hygene facility - the outhouse aka the loo, toilet

HB1265 “Bathroom Bill”

19th Century hygene facility - the outhouse aka the loo, toiletUpdate! 5/13/2014 SIGN THE PETITION TO REFERENDUM BY CLICKING HERE!

Check to see who voted for the Bathroom Bill. bathroom bill vote sheet

There is a great possibility that this bill will be taken to referendum. Visit MDPetitions.com for more information. Be patient, it will take some time to get this organized. Its time that you, the votors, hold your elected officials accountable for this type of insanity.

 

HB 1265-  is being called the Bathroom Bill because in the effort to provide anti discrimination and equality to people who identify with the opposite gender from which they were born, the legislation could potentially allow men and women to utilize the public restroom of their choice.

As you may guess, I have been getting emails and calls on this one. This bill is crossfiled  as SB212. SB212 has already passed in the Senate apparently without much opposition.

If you feel strongly about this bill, you can contact the bill’s sponsor, Delegate Clippinger and the members of the House Health and Government Operations Committee.

Because the bill does not specifically exempt public restrooms, I will vote no.

 

 

cropped-Legwatch

Keeping an Eye on Annapolis- the Easy Way!

I often get questions from people who want to be active and involved but are overwhelmed with the amount of work it takes to sift through the number of legislation introduced each year in the House and Senate. When juggling work and family, trying to be an informed citizen and voter is often a daunting task. Luckily, there are resources to use which will help cut the time and make it easy to stay involved. From time to time I will spotlight some of the activist resources that are available to Maryland Citizens.

cropped-Legwatch

Maryland Legislative Watch is an excellent resource for people wanting to take a look at what the Legislature is doing in Annapolis.

This a group of dedicated Citizens doing the work of many in order to  facilitate transparency and access between State Government and Citizens. The site makes it easy to read a bill and with one click send an email to your representative to tell them what you think.

 

 

House to Hear Gun Bills Tomorrow

indexGun bill day in the House is tomorrow, March 4th in the Judiciary Committee hearing room at 1pm. If you are able brave the weather and come to testify, or come stand with your fellow gun owners and patriots. Last year you came in droves to protest SB281 and you were not heard by those in Annapolis who wish to be your overlords. Do not let them break your conviction and your will. Don’t let them silence you!

For a complete list of legislation being heard tomorrow,tap here.

My bill, HB995- Firearms Freedom Act is on the docket. This bill’s intention is to declare that Maryland will not participate in any Federal gun ban. This does not affect gun laws passed in Maryland- Delegate Smigiel has introduced several important pieces of legislation seeking to restore gun rights in Maryland and I co- sponsored and support them fully.

HB 955 was important to introduce because it deals with the possibility of an Unconstitutional Federal ban on guns or types of guns. I want Maryland Citizens protected from Federal action should this come to pass. Please consider testifying in FAVOR of HB 955 while you are in Annapolis tomorrow.

If you have any questions or would like to testify, please call my office at 410-841-3047

If you can’t come, you can watch the hearings online. Tap here and select Judiciary once the hearing starts.

 

Is My Bill (HB1010) About to be Hijacked?

indexI’m not too sure what to think:

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.

I am of course speculating here, but the coincidences are great. there is a saying, if it looks like a duck and quacks like a duck it is probably….

 

 

 

smartmeterinstall

I Support Free Opt Out of Smart Meters

UPDATE: 3/14

HB 331 and HB 332  Have been given an UNFAVORABLE vote in Committee. 

HB331committeevote

hb332committeevote

The cross files, SB 280 and SB 880 were heard in the Senate Finance Committee last Tuesday, March 4, 2014. These bills have yet to receive a committee vote. If you support these bills, please call or email  the members of the Senate Finance Committee to let them know.

smartmeter

Consumers should have the absolute right to permanently opt out of smart meters without having to pay a fee. There are many concerns with the smart meter including privacy issues. Delegate Glen Glass has for the last three years championed consumer rights regarding smart meters.

HB 332- prohibits an electric company from charging a penalty or fee

HB 331 prohibits an electric company from selling data from smart meters to a third party.
I co-sponsored both of these and will continue to support them and vote YES. Both Bills have a hearing on March 6 in the Economic Matters Committee If you would like to come testify, please contact Delegate Glass at 410-841-3280. Please call or email the members of the committee to express your support of these two bills.

 

smartmeterinstall

 

Below is information from Delegate Glass.

As you may know, the Public Service Commission (PSC) recently came out with their decision regarding consumer opt-outs in the installation of smart meters.  The PSC decided to allow consumers to permanently opt-out of getting the smart meter but consumers would have to pay excessive fees.  All opt-out customers will pay an initial $75 fee divided into three monthly payments.  BGE, Pepco, Delmarva Power & Light and SMECO customers will then have to pay $11 per month, $14 per month, and $17 per month, respectively.

It is a victory that we were able to pressure the PSC to allow permanent opt-outs.  The problem, still, is the issue of fees, especially the endless monthly fees.  Thus, I will continue to fight hard to keep the fees to opt-out as reasonable as possible for utility consumers.  My House Bill 332 (which was cross-filed as Senate Bill 880) aims to address the opt-out fees. 

I will also continue to fight for House Bill 331, which was cross-filed as Senate Bill 280.  House Bill 331 aims to protect consumers by prohibiting utility companies from selling the smart meter usage data to third parties.  The bill would protect the privacy of consumers and keep “Big Brother” at bay.

 Read The Baltimore Sun Article