Firearm Safety Act (SB 281, 2013).

Last week was a big win for 2nd amendment personal protection in Maryland.

The United States Court of Appeals for the Fourth Circuit issued an opinion in the Kolbe v. Hogan case (formerly Kolbe v. O’Malley), which challenges the Firearm Safety Act (SB 281, 2013).  

-Court found that Firearm Safety Act does substantially infringe upon the 2nd Amendment.

-The court acknowledged the 2nd Amendment Right to individual self-defense.

-The court recognized an individual’s right to self-defense in the home. 

Notable Quotes from the court’s opinion:

First, the FSA’s ban on semi-automatic rifles and larger-capacity magazines burdens the availability and use of a class of arms for self-defense in the home, where the protection afforded by the Second Amendment is at its greatest.”

We therefore struggle to see how Maryland’s law would not substantially burden the core Second Amendment right to defend oneself and one’s family in the home with a firearm that is commonly possessed by law-abiding citizens for such lawful purposes.”

http://michellawyers.com/…/20…/10/Kolbe-v.-Hogan_Opinion.pdf and a new article from the Washington Post about the court’s decision.
 Washington Post: Appeals court decision casts doubt on Maryland’s assault weapons ban

 Key highlights:

The Court found that FSA does substantially infringe upon the 2nd Amendment. 

  • The court acknowledged the 2nd Amendment Right to individual self-defense.
  • The court recognized an individual’s right to self-defense in the home.
  • The court acknowledged that AR15’s (and similar rifles) and 10+ round clips are commonly possessed weapons.
  • Rejected the state’s argument that magazines are not covered by the 2nd Amendment
  • Stated that Maryland is trying to circumvent the law by prohibiting independent components.
  • Found the ban on magazines and rifles substantially burdens the fundamental rights of citizens.
  • Cited legitimate and lawful reasons for citizens to prefer semi-automatic rifles.
  • Found the law substantially burdens the right to arm oneself at home.

My Legislation

HB 424

Limiting, with respect to property placed in service before January 1, 2016, the applicability of Maryland income tax modifications for specified deductions for the cost of business property that is treated as an expense for federal income tax purposes; limiting, with respect to property placed in service before January 1, 2016, the applicability of Maryland income tax modifications for a specified additional depreciation allowance under the federal income tax for specified business property; etc.

This pro-small business bill will recouple the basis for Maryland asset depreciation schedule with the Federal Government under section 179. Doing so will allow businesses to recoup money faster which frees up capital for the purchase of equipment or other investment.

The bill is scheduled for a hearing in Ways and Means on February 16th at 1pm 

HB 425

Providing, for a vehicle required to display two registration plates that the front registration plate may be stored inside the vehicle in a manner that makes the plate easily accessible for verification if the vehicle was manufactured without a means to secure and display a front plate.

This bill is scheduled for a hearing in Environment and Transportation on February 18th at 1pm

To Support either or both of these bills:

  • Provide written testimony to the committee. Email my office your testimony by February 15th. My staff will make sure the members of the committee receive the testimony. Matt.morgan@house.state.md.us

Please feel free to email us if you need help providing testimony.

  • Appear in Annapolis to testify in person to Committee. Please contact me if you would like to testify on either of these bills.
  • Call or email members of the respective Committees to encourage a Favorable vote.

Ways and Means

Environment and Transportation

Contact My Office

For legislative and constituent issues please contact myself or my legislative assistant, Louisa Baucom at 410-841-3170/ 301-858-3170

Toll free 800-492-7122 ext. 3170 or by email at matt.morgan@house.state.md.us

Have a great weekend,

Matt Morgan
State Delegate 29A

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CONTACT INFORMATION

Email: Matt.Morgan@house.state.md.us

Annapolis Office:
Delegate Matt Morgan
House of Delegates
6 Bladen Street, Office 317
Annapolis, Maryland 21401
1-800-492-7122, ext. 3170 (toll free)

Local Mailing Address:
Delegate Matt Morgan
PO Box 136
Charlotte Hall, MD 20622