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  • Wendigo

    Hungry
    Mar 31, 2013
    1,421
    Reisterstown
    Who should we contact if we have questions about the new law?

    I emailed msp.firearmsregistration@maryland.gov the following yesterday:

    I own what the Firearm Safety Act of 2013 deems an "Assault Rifle". It is something I would like to transfer to my brother on his 21st birthday which is not until February 27th 2014. My question is will it be legal for me to transfer the rifle to him at that time?

    Maybe you can consign it to an FFL and your brother could put in a purchase order for it.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,942
    Winfield/Taylorsville in Carroll
    I think you just answered your own question - aside from maybe the contingency cases their fellow attorneys keep getting paid more for going to court and the judges don't have to work as hard.

    Huh? Why not take this a step further, and blame the politicians. Ah, better yet, one more step and blame the society that elects the politicians.

    Calling it the "Good Old Boy Network" implies that the Judge favors certain people. EVERYBODY has the option to go to Court on their own. Just like everything else in life. You even have the option to do your own surgery on yourself. The Judge isn't the one that charges you with a crime or the one that files suit against you on a civil claim. That would be law enforcement charging you and then one of your fellow citizens filing a claim against you, with or without an attorney. Attorneys are just there to help you with the process should you need help.

    Kind of like how a mechanic is there to help you with a car repair if you need help. Life was a lot better 50 years ago when the laws were much simpler and cars were much simpler.

    Every little thing nowadays is complicated as hell, not just the law.

    Again, I fail to see the point about your "Good Old Boy Network" comment. What exactly was the point?
     

    annihilation-time

    MOLON LABE
    Jun 14, 2010
    5,043
    Hazzard County!
    Who should we contact if we have questions about the new law?

    I emailed msp.firearmsregistration@maryland.gov the following yesterday:

    I own what the Firearm Safety Act of 2013 deems an "Assault Rifle". It is something I would like to transfer to my brother on his 21st birthday which is not until February 27th 2014. My question is will it be legal for me to transfer the rifle to him at that time?

    Only if you're dead.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    There is a revised 5-205 section in the final bill that specifies who cannot possess a rifle or shotgun. One of the new disqualifiers is the under 30, juvenile conviction. Even though the section is for possession, I'm not sure how you can purchase a rifle or a shotgun without taking possession. Therefore, this implies additional questions that are not on the ATF 4473 form.

    While the above does put additional restrictions on who can possess a rifle or a shotgun, it does not give authority to MSP to do the background check on rifle and shotgun purchases. Authority for MSP to do needs to be explicitly codified into law, and that did not happen in this legislation.
     

    ianmcall

    Active Member
    Sep 21, 2011
    846
    Damascus, MD
    Only if you're dead.

    That was my understanding as well. I guess I can hold on to it for him until:

    1) We move to VA, where then I can just give to to him...
    2) Wait for the looming lawsuit to overturn SB281.

    Is there anything I have to worry about lending him the rifle? Lets say for a range visit and I'm not there.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,274
    Davidsonville
    By stating "receiver" can they outlaw upper receivers as well? There is also a new bill to outlaw 80% lowers and any part to a semi auto rifle (NRA news).

    So ... they really don't know what is going to happen when the bill passes.
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    Huh? Why not take this a step further, and blame the politicians. Ah, better yet, one more step and blame the society that elects the politicians. That is too easy. Politicians appoint and confirm the judges. As for the electorate...we have had obama for 2 terms not to mention the politicians that get elected in this state.

    Calling it the "Good Old Boy Network" implies that the Judge favors certain people. EVERYBODY has the option to go to Court on their own. Just like everything else in life. You even have the option to do your own surgery on yourself. The Judge isn't the one that charges you with a crime or the one that files suit against you on a civil claim. That would be law enforcement charging you and then one of your fellow citizens filing a claim against you, with or without an attorney. Attorneys are just there to help you with the process should you need help. Judges do favor certain people - lawyers. Every time I have been to court, the judges tend to be more lenient on those who are represented by attorneys as opposed to those who represent themselves such as traffic court.

    Kind of like how a mechanic is there to help you with a car repair if you need help. Life was a lot better 50 years ago when the laws were much simpler and cars were much simpler.

    Every little thing nowadays is complicated as hell, not just the law.

    Again, I fail to see the point about your "Good Old Boy Network" comment. What exactly was the point?

    The comment was made in regard to how judges tend to be more favorable to those who hire lawyers vs those who do not. Granted my experience has been limited to sitting in on minor and serious traffic court a couple times and one time I had to go to circuit court for a tax case - that was an experience.
     

    Mr H

    Banana'd
    By stating "receiver" can they outlaw upper receivers as well? There is also a new bill to outlaw 80% lowers and any part to a semi auto rifle (NRA news).

    So ... they really don't know what is going to happen when the bill passes.

    You're asking 2 different questions.

    The first has been asked and answered many times over (several in this thread).

    The Federal bill regarding "build-it-yourself" is not a concern.
     

    EHS1976

    Active Member
    Mar 28, 2013
    194
    USA
    While the above does put additional restrictions on who can possess a rifle or a shotgun, it does not give authority to MSP to do the background check on rifle and shotgun purchases. Authority for MSP to do needs to be explicitly codified into law, and that did not happen in this legislation.

    How can you tease the two apart: purchase and possession? If you purchase a rifle or shotgun, how can you not take possession of it? Or, perhaps with their additional inspection authority, the MSP will review all ATF 4473 forms at dealers and confiscate rifles and shotguns from people passing a NICS checks but failing the other new disqualifiers?
     

    bonkers82

    Banned
    BANNED!!!
    Aug 15, 2013
    3
    PBJ on the record. I believe it stays for 3 years before you can have it expunged.

    Not sure if you guys care, but was told by MSP via email PBJs do NOT get sent to second review, its not something a sworn officer need to check into
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    How can you tease the two apart: purchase and possession? If you purchase a rifle or shotgun, how can you not take possession of it? Or, perhaps with their additional inspection authority, the MSP will review all ATF 4473 forms at dealers and confiscate rifles and shotguns from people passing a NICS checks but failing the other new disqualifiers?

    The legislation was added to make it easier to go after folks that ALREADY own shotguns and rifles, not those purchasing.

    There is still no legal requirement written into law for MSP to be the POC and/or perform background checks for rifles and shotguns. Since it is not codified into law, it won't happen, until it is by legislation passed by the GA.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,942
    Winfield/Taylorsville in Carroll
    PBJ on the record. I believe it stays for 3 years before you can have it expunged.

    A judgment of probation before judgment was entered on a charge that is not a violation of Code*,Transportation Article, §21-902 or Code*, Criminal Law Article, §§2-503, 2-504, 2-505, or 2-506, or former Code*,Article 27, §388A or §388B, and either (a) at least three years have passed since the disposition, or (b) I have beendischarged from probation, whichever is later. Since the date of disposition, I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible
    sentence of imprisonment; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment.


    That is exactly what the petition for expungement says. So, the greater of 3 years or the end of the probationary period.
     

    rwbow1969

    Get Wiffit
    Dec 10, 2011
    4,154
    Clearspring
    From the training session today.

    - What constitutes a valid purchase order? Make of firearm or receiver on reciept, date of deposit, what else? What does it need to contain to be valid in the eyes of the state? Will it be honored if the Firearm is picked up after 10/1 ? Anything written that shows a deposit or payment and lists the firearm ordered. Layaways were not acceptable because the firearm is in the store and paperwork could be sent to MSP.

    - Will applications that are filled out and sent in before 10/1 be subjected to the HQL if you pick up the firearm after 10/1? Will the HQL apply to a AR stripped lower picked up after 10/1? AG is reviewing this and will answer later on the first question. No HQL required to p-up AR lower receiver.

    - Complete definition of an HBAR. According to SB281. Barrel size, markings? MSP isn't sure yet. The Major for MSP said they are looking at what Colt specs are .75" dia. barrel. No definite answer.

    - Can you legally build a pre-10/1 stripped receiver or a receiver picked up after 10/1 but ordered before 10/1 into a banned configuration after 10/1? YES, right from the mouth of the Major. Got it on audio.

    - Will stripped AR receivers be for sale after 10/1 to build into an HBAR configuration? NO

    - Will purchase orders placed before 10/1 for AR lowers be acceptable after 10/1 ? And how far out? Months, years? Yes, if they are on a purchase order as described above. No HQL to pick them up either.

    - Will SBRs and SBSs being exempt from the copycat and assault long gun criteria since they are NFA items? Yes, it's a federal issue.

    - Will handgun magazines over 10 rnds. Be able to be picked up after 10/1 with a handgun that was ordered or waiting on paperwork before 10/1? Under review at the AG office. No answer.

    - What is the official position on flash hiders? Is a compensator or brake considered a flash hider? Under review at the AG office. No answer.

    - Is there a detail list of the exact firearms that will be banned? It will be available on the MSP website.

    - When will the HQL application be available? The MSP Major stated that instructors for the training portion will not be able to register with MSP until Sept. 15 They also said they hope to get the HQL application on their site by Oct. 1

    - How long will the HQL application process take once submitted? Within 30 days.

    - Does the AR-15 ban apply to all calibers or just 5.56/.223? (i.e. 9mm, .300 blackout, etc) Ban applies to any caliber in the AR-15 platform.
     

    Shamr0ck

    Ultimate Member
    Aug 6, 2011
    2,505
    Frederick
    From the training session today.

    - What constitutes a valid purchase order? Make of firearm or receiver on reciept, date of deposit, what else? What does it need to contain to be valid in the eyes of the state? Will it be honored if the Firearm is picked up after 10/1 ? Anything written that shows a deposit or payment and lists the firearm ordered. Layaways were not acceptable because the firearm is in the store and paperwork could be sent to MSP.

    - Will applications that are filled out and sent in before 10/1 be subjected to the HQL if you pick up the firearm after 10/1? Will the HQL apply to a AR stripped lower picked up after 10/1? AG is reviewing this and will answer later

    - Complete definition of an HBAR. According to SB281. Barrel size, markings? MSP isn't sure yet. The Major for MSP said they are looking at what Colt specs are .75" dia. barrel. No definite answer.

    - Can you legally build a pre-10/1 stripped receiver or a receiver picked up after 10/1 but ordered before 10/1 into a banned configuration after 10/1? YES, right from the mouth of the Major. Got it on audio.

    - Will stripped AR receivers be for sale after 10/1 to build into an HBAR configuration? NO

    - Will purchase orders placed before 10/1 for AR lowers be acceptable after 10/1 ? And how far out? Months, years? Yes, if they are on a purchase order as described above. No HQL to pick them up either.

    - Will SBRs and SBSs being exempt from the copycat and assault long gun criteria since they are NFA items? Yes, it's a federal issue.

    - Will handgun magazines over 10 rnds. Be able to be picked up after 10/1 with a handgun that was ordered or waiting on paperwork before 10/1? Under review at the AG office. No answer.

    - What is the official position on flash hiders? Is a compensator or brake considered a flash hider? Under review at the AG office. No answer.

    - Is there a detail list of the exact firearms that will be banned? It will be available on the MSP website.

    - When will the HQL application be available? The MSP Major stated that instructors for the training portion will not be able to register with MSP until Sept. 15 They also said they hope to get the HQL application on their site by Oct. 1

    - How long will the HQL application process take once submitted? Within 30 days.

    - Does the AR-15 ban apply to all calibers or just 5.56/.223? (i.e. 9mm, .300 blackout, etc) Ban applies to any caliber in the AR-15 platform.

    Thank you very much for collecting the questions and posting the answers. This is a great community.



    ---
    Shamr0ck
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    Thanks for the report!

    Whew on the build answer. Was hoping that was the response. Geez, so much to buy, so little time, especially for us newbies just getting into this and finding out how messed up this state really is. Am just figuring out what I want and not ready to make them all into complete rifles yet.

    Did the Sole POC item come up?
     

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