Restriction on others moving to MD?

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  • bdiddle

    Active Member
    Dec 21, 2009
    403
    SO the recent laws passed after Sandy Hook....

    How do they pertain to people moving to MD?

    As in, bringing firearms already owned?
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    anything banned owned before 10/1 needs to be registered. Anything ban bought after 10/1 can't be brought in.

    Others will correct me :)
     

    bdiddle

    Active Member
    Dec 21, 2009
    403
    So I used to live in MD, had owned a few AR15's and pistols.

    Haven't bought anything since the law was passed, but I did buy stuff while I lived out of state before the law was passed.

    So.....I have to register everything? Did people who lived in MD and had already owned "unregistered" AR15's have to register them as well? Pistols too?
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,273
    Harford County
    So I used to live in MD, had owned a few AR15's and pistols.

    Haven't bought anything since the law was passed, but I did buy stuff while I lived out of state before the law was passed.

    So.....I have to register everything? Did people who lived in MD and had already owned "unregistered" AR15's have to register them as well? Pistols too?

    Technically any regulated gun that we bought was run through the State Police and therefore "registered already.
     

    bdiddle

    Active Member
    Dec 21, 2009
    403
    Technically any regulated gun that we bought was run through the State Police and therefore "registered already.

    Negative.

    HBAR with a new upper == unregistered.

    Firearms bought out of state before moving to MD before the recent law.

    There were a few ways to have unregistered AR15's.......

    EDIT:
    I appreciate the responses, but i'd really like someone who understands the legalise better than I do to explain it.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,273
    Harford County
    I know that.

    But lets say you sell the upper and put a pinned 14.5 on it.

    You now have a banned firearm. Unregistered.

    If a Maryland resident did that before 10/1 I honestly don't know if he needs to do anything. Many Maryland residents have legally bought handguns that the State knows nothing about.
    If a non-Maryland resident did this prior to 10/1 they would have to register it, if it was after 10/1 they wouldn't be able to bring it here legally if they move here.
    The people that wrote these laws don't understand all the ramifications of them.
     

    bdiddle

    Active Member
    Dec 21, 2009
    403
    If a Maryland resident did that before 10/1 I honestly don't know if he needs to do anything. Many Maryland residents have legally bought handguns that the State knows nothing about.
    If a non-Maryland resident did this prior to 10/1 they would have to register it, if it was after 10/1 they wouldn't be able to bring it here legally if they move here.
    The people that wrote these laws don't understand all the ramifications of them.

    See that's the thing. I have lived in MD most of my life. Only been gone for a year and half. And I had unregistered AR15's as a MD resident.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,273
    Harford County
    See that's the thing. I have lived in MD most of my life. Only been gone for a year and half. And I had unregistered AR15's as a MD resident.

    Yeah, that's getting tricky. If they were HBAR's and were changed to something else I'm thinking they want you to register them if you come back, just like any pistols that you may have that they don't know about now. If they were still HBAR's you would be good to go. The best advice I can give you is stay where you are!:D
     

    bdiddle

    Active Member
    Dec 21, 2009
    403
    So I also noticed the new resident form doesn't have a space for receivers.

    Just pistols and assault rifles.
    ? Just slap a random upper on and then call them 16" HBARS?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,113
    I know that.

    But lets say you sell the upper and put a pinned 14.5 on it.

    You now have a banned firearm. Unregistered.

    If it is a banned configuration, it has to be registered. (you would have better off having the HBAR chopped to 14.5 and having a flash hider pinned to it).

    All formerly regulated (now banned) sporting rifles need to be registered.

    All handguns need to be registered.

    If it was cash and carry previously, and has not been modified into a banned configuration, then it does need to be registered.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,113
    So I also noticed the new resident form doesn't have a space for receivers.

    Just pistols and assault rifles.
    ? Just slap a random upper on and then call them 16" HBARS?

    MSP considers receivers for rifles to be actual rifles and would need to be registered as a rifle. (so says the licensing division of MSP)
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Not all banned firearms are regulated firearms. The law states that regulated firearms have to be registered. Copycat Weapons are banned, but not regulated firearms.

    What is the penalty provision for a new resident failing to register? The MSP website does not cite one, but tells people they have to register. In light of Evans v. State, 23 A.3d 223 (Md. 2011), I would argue that the penalty provision found in MD PUBLIC SAFETY § 5-144 does not apply to MD PUBLIC SAFETY § 5-143 (the section requiring registration.) 5-143 does not contain a penalty provision in it's language either. If there's no penalty, it's not a crime.
     

    bdiddle

    Active Member
    Dec 21, 2009
    403
    Not all banned firearms are regulated firearms. The law states that regulated firearms have to be registered. Copycat Weapons are banned, but not regulated firearms.

    What is the penalty provision for a new resident failing to register? The MSP website does not cite one, but tells people they have to register. In light of Evans v. State, 23 A.3d 223 (Md. 2011), I would argue that the penalty provision found in MD PUBLIC SAFETY § 5-144 does not apply to MD PUBLIC SAFETY § 5-143 (the section requiring registration.) 5-143 does not contain a penalty provision in it's language either.

    So......what do you suggest?

    I have firearms previously purchased as regulated in MD. And lowers not purchased in MD.
    I suppose I could HBAR the lowers.........or just slap uppers on them with breaks....
     
    Last edited:

    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    So......what do you suggest?

    I have firearms previously purchased as regulated in MD. And lowers not purchased in MD.
    I suppose I could HBAR the lowers.........or just slap uppers on them with breaks....

    If you have to register one then I'd suggest you register/list all that would fall in the proper category. If the lowers were purchased pre-Oct1, then registering them would make it legal to configure them any legal way you want. If you "label" them as HBARs (which I don't think you can do, by the way) then I think they have to remain as HBARs. I'm sure someone can correct me on this.

    Sure, no one wants to register anything but, sadly, that ship has sailed.

    IANAL.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,363
    Carroll County
    So......what do you suggest?

    I have firearms previously purchased as regulated in MD. ....

    The ones you bought in Maryland should still be in the database of transfers.
    There is no requirement that the information be updated when you move, whether within the state or without. That's why I've always said it's not quite a true 100% registration system like Illinois's or New York's. It's always been a Database of Transfers.

    How many here have moved within the state since buying a regulated firearm? They still have the transfer data listed under your old address.

    You should probably "register" them anyway, but it would be interesting to know if they say, "Oh, those are already 'registered'". (I think they'll just process the paperwork and not say anything, though.)
     

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