Elk Neck arrest for "transfer" of high capacity magazine: Fact or Fiction?

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  • fabsroman

    Ultimate Member
    Mar 14, 2009
    35,923
    Winfield/Taylorsville in Carroll
    My understanding was the receive was part of the change of ownership. I do not have an MSP bulletin or AG opinion on that. Maybe we need one, just to save some idiocy. You speak fluent lawyer, fabs. If you are not clear on it it makes me wonder. ;)

    There is a lot of litigation because statutes are not clear. That is just the nature of the beast. Look at Chow v. State. It went to the Court of Appeals to determine what "transfer" means because the guy was charged with violating the law when he loaned a handgun to a friend so the guy could try it out before deciding whether to purchase it or not.

    Trust me, the dictionary definition of "receive" is not good for us in this case and there is no definition of "receive" in the statute. I wasn't there in session when the law passed and have no idea if anything was even discussed as to what "receive" means, or if it was discussed, what the legislative intent was.

    The gun laws in this state really do SUCK.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    There is a lot of litigation because statutes are not clear. That is just the nature of the beast. Look at Chow v. State. It went to the Court of Appeals to determine what "transfer" means because the guy was charged with violating the law when he loaned a handgun to a friend so the guy could try it out before deciding whether to purchase it or not.

    Trust me, the dictionary definition of "receive" is not good for us in this case and there is no definition of "receive" in the statute. I wasn't there in session when the law passed and have no idea if anything was even discussed as to what "receive" means, or if it was discussed, what the legislative intent was.

    The gun laws in this state really do SUCK.

    If Frosh becomes AG his interpretation will make the laws seem meek SMH
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    The horse dun ben beated on this subject in other threads.

    Not doing it here too.

    trans·fer [v. trans-fur, trans-fer; n., adj. trans-fer] Show IPA

    verb (used with object), trans·ferred, trans·fer·ring.

    1. to convey or remove from one place, person, etc., to another: He transferred the package from one hand to the other.


    2. to cause to pass from one person to another, as thought, qualities, or power; transmit.


    3. Law. to make over the possession or control of: to transfer a title to land.


    4. to imprint, impress, or otherwise convey (a drawing, design, pattern, etc.) from one surface to another.

    verb (used without object), trans·ferred, trans·fer·ring.


    5. to remove oneself from one place to another: to transfer from the New York office to London.


    6. to withdraw from one school, college, or the like, and enter another: I transferred from Rutgers to Tulane.


    7. to be moved from one place to another: to transfer to overseas duty.


    8. to change by means of a transfer from one bus, train, or the like, to another.

    So if i hand my pistol to someone to look at it, we just both became felons.
     

    spclopr8tr

    Whatchalookinat?
    Apr 20, 2013
    1,793
    TN
    If Frosh becomes AG his interpretation will make the laws seem meek SMH

    My fear of Frosh becomes AG is that he will start issuing all sorts of opinions contrary to the intent of law. He will merely point to DC and reference all the executive actions the imbecile in chief has been issuing and cite that as precedent for taking executive action to "clarify" our laws for us.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,248
    Harford County
    My fear of Frosh becomes AG is that he will start issuing all sorts of opinions contrary to the intent of law. He will merely point to DC and reference all the executive actions the imbecile in chief has been issuing and cite that as precedent for taking executive action to "clarify" our laws for us.

    I wonder if that might force some court cases.
    And whether the outcome of those cases would help or hurt us?
     

    Mr H

    Banana'd
    I wonder if that might force some court cases.
    And whether the outcome of those cases would help or hurt us?

    The State has proven they are not above taking these cases to court, if only to drag things out in the hope of diluting our strength and resources.

    The longer it takes, the longer the infringements are in place, and they can have even a small win as Marylanders slowly capitulate... either by complying, giving up, or leaving.
     

    sxs

    Senior Member
    MDS Supporter
    Nov 20, 2009
    3,400
    Anne Arundel County, MD
    Was this "gun shop guy" the same person who told me that his uncle knows a guy who went to school with a guy whose grandfather invented a carburetor that made cars get 200MPG, but the Humongous Oil Company Conspiracy forced him to sell them their patent, to stop the car companies from building energy-efficient cars?

    And I know that it's all true because my sister's husband's cousin's 1/2 brother's best friend said me so...or so I hear.
     

    FPL53

    Ultimate Member
    Aug 4, 2013
    2,724
    Frederick
    Ok, I did not read this whole thread, but, really. Too many heads in asses. SB281 went into effect less then nine months prior to the arrest and sentencing. I don't know of any arrests where someone goes to court that quick and then immediately, bam, sentencing hearing. I'm calling complete shenanigans from common logic.
     

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