Sunday, January 20, 2019

Recap of Gun and Marijuana Issues


Firearms and marijuana issues were heavy late last week at the Capitol. 
On the marijuana side many of the bills were attempts to either expand the types of conditions allowable for medical MJ (HB 1272) or provide the ability to grow your own plants (SB 2134). Most of the MJ bills received opposition because they would interfere with the State’s medical MJ program or they were too broad. (SB 2134 allowed everyone to grow 9 plants).

Thursday, the House Natural Resources committee took up 11 different gun bills. The bills ranged from specifically allowing bump stocks (HB 1308 & 1326 ) to allowing anyone to carry in a public building which include courthouses (HB 1325). There was also a bill making it an A misdemeanor if you do not sell a gun to someone who wants to buy one. (HB 1160) These bills brought out a lot of passion. We may see many of the issues blended into one a single bill and defeat those ideas that brought out the most opposition. The arguments on many of the bills were the balancing of property rights vs the 2nd amendment. The lobbyists from the business community objected on the principal that they should be able to sell or not sell or decide if they want armed folks in their business.
Also somewhat on the gun issue, although not scheduled HB 1537, the "red flag law" link to bill here: https://www.legis.nd.gov/assembly/66-2019/documents/19-0337-04000.pdf was introduced this week. We are seeking input from our State's Attorneys and Sheriffs. The concept has been adopted by many States in response to mass shootings. Feedback from States Attorneys around the country have said the process is not used often but works well in cases where someone has a mental health issue. Again the concept is similar to mental health proceedings that if someone is a danger to themselves or others you could commit not just them but their weapons. Of course this has brought out passion that this is just another attempt by big government to take peoples guns.

Finally on the positive side, HB 1216 which would have required counties to calculate the costs of incarceration and make that part of the prosecutors sentencing recommendation was WITHDRAWN.

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