Declarations and Resolves

Containing An Amendment to the Maryland Constitution to
Secure the Civil Right of the People to Keep and Bear Arms

(Draft for Comment)
June 6, 2000

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     WHEREAS, Each person has the inalienable Right to life together with the right to support and defend his or her life and family in the best manner he or she can, including use of arms, while being responsible for any actions causing injury to innocent bystanders; and

     WHEREAS, The Right to Keep and Bear Arms was a fundamental Right of English citizens in colonial times under their Declaration of Rights (1689), under English common law and based on the Right of each person to defend themself; and

     WHEREAS, When the English sovereign took actions to deny, restrict, and otherwise abuse that and other Rights of colonial citizens contrary to law, the Right to Keep and Bear Arms was secured for the People of the United States by the American Revolution; and

     WHEREAS, That Right was never subsequently surrendered by the People in any grant of power in the Constitution of the United States and cannot be yielded to the State of Maryland since the People owe an obligation as the reserved military force or reserve militia of the United States and of Maryland; and

     WHEREAS, Federal and Maryland State power to interfere with that Right of the People was, and remains, limited by the Second Amendment to the Constitution of the United States which states:

"A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

and limited by the incorporation of that provision into Maryland's Constitution by its Declaration of Rights, Art. 2, which states:

"The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding"; and

     WHEREAS, Notwithstanding the specific prohibition by the Second Amendment to the Constitution of the United States and Maryland's Declaration of Rights, Maryland and Federal governments have encroached and interfered with that Right of the People by enacting laws and regulations to create legal mazes and snares to impede the honest and law abiding in the exercise of their Right and to impede honest people in defending their lives and families more so than deterring or impeding violent criminals; and

     WHEREAS, The United States and the State of Maryland have exceeded their explicit and enumerated powers, and continue actions to do so, in violation of Article IX of the Constitution reserving unenumerated powers to the People, and in direct opposition to the warnings of the Founding Fathers against the doctrine of constructed powers as set forth in the Federalist Papers #84; and

     WHEREAS, The United States and the State of Maryland have neglected their duty to the People by failing to fully prosecute and sentence most criminals misusing firearms, thereby abdicating their responsibility to maintain the public's safety, health, and welfare; and

     WHEREAS, The United States and the State of Maryland have enacted regulations and adopted enforcement practices (including actions dating back more than a century) which deny many minority and poor citizens the opportunity to own firearms, while at the same time neglecting their protection against violent criminals; and

     WHEREAS, It is estimated that over 60 million individuals, representing over half of the households in America, have chosen to exercise their Right with one or more arms; and

     WHEREAS, It is estimated that handguns and other firearms are lawfully used over 2.5 million times per year by citizens in self defense; and

     WHEREAS, The registration of handguns and waiting requirements to purchase them has had no effect on crime in large urban areas such as New York City, Chicago, and Washington, D.C., and has not prevented criminals from obtaining or manufacturing weapons and committing crimes; and

     WHEREAS, The attempt to control arms is reminiscent of the attempt to control alcohol during prohibition (Amendment 18 to the Constitution) and the government's efforts to restrict freedom were resisted by the American people resulting in corruption of law enforcement and reduced respect for government and the law; and

     WHEREAS, Governmental costs to enforce restrictions on firearm use, to register law abiding firearm owners, or to record firearm signatures and create other permanent records and registries, denies resources for prosecution of violent criminals; and

     WHEREAS, Law enforcement agencies are not legally required to protect all individual citizens, nor are they capable of doing so, and individual law abiding citizens must rely upon themselves to protect their lives and their families; now, therefore, be it

         RESOLVED, That the People of Maryland reaffirm that each law abiding and responsible person has the Right to Keep and Bear Arms for defense of himself or his family, and be it further

        RESOLVED, That the People of Maryland demand government respect their civil Right to self-defense and to Keep and Bear Arms by rejecting firearms laws that violate both the Second and Ninth Amendments of the U.S. Constitution, while having no effect on the activities of the criminal element in our society, and we urge our duly elected members of the Legislature of Maryland to focus on providing appropriate resources needed to capture, try and imprison violent criminals through legislation; and, be it finally

        RESOLVED, That the People of Maryland demand that our State’s lawmakers amend the Maryland Constitution to specifically recognize each person's Right to self-defense and to Keep and Bear Arms with:

 

(A1) All persons are, by nature, free and equal, and have the inherent and inalienable Right of enjoying and defending their lives and liberties.

To that end, all persons have the Right to keep and carry arms and are responsible for the abuse of that Right and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; but this provision shall not prevent the passage of legislation providing minimum sentences for crimes committed that were facilitated by a firearm, nor prevent passage of legislation providing penalties for the possession of firearms by a convicted felon or by a person adjudicated as not responsible because of mental illness or other mental impairment, nor prevent the passage of legislation punishing the use of a firearm, nor prevent the regulation of possession of firearms by a minor.  Nor shall any regulation on the open possession of a firearm by a minor apply when supervised by an adult or when on private property with the permission of the owner for purposes of shooting.

No municipality or county shall regulate, in any way, an incident of the right to keep and carry arms, but may regulate the discharge of firearms for non self-defense purposes.

No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition.  Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

Since equality in the enjoyment of rights is only made sure through political equality, the laws of this state affecting these Rights shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.