Initial Machine Gun Registration Question.

Kingjamez · May 14, 2014

I'm filling out the MG initial registration form. Under the section of the "Previous Owner" is that the FFL SOT that is currently in possession of the MG or the previous individual who owned it (in this case from another state)?

If the answer is the previous Form 4 owner, I don't have all the details on him (like his DL number, age, etc.). Should I just fill out to the best of my ability and send it in?

-Jim

IMBLITZVT · May 14, 2014

Kingjamez said:
I'm filling out the MG initial registration form. Under the section of the "Previous Owner" is that the FFL SOT that is currently in possession of the MG or the previous individual who owned it (in this case from another state)?

If the answer is the previous Form 4 owner, I don't have all the details on him (like his DL number, age, etc.). Should I just fill out to the best of my ability and send it in?

-Jim

I always put the FFL, if it came from a FFL transfer. For personal info, I left it blank. Paperwork wise he was the previous owner according to the ATF.

When I did C&R transfers and instate where no FFL was used, I put the info I had. I left blank what I did not have. Its not like they can force you to force them to tell you what color eyes they have!

Frankly its a joke, I know people who never sent in the first registration form. I am not saying not to send it in but don't stress it. The law says you must register it, not that you must have every question filled out about the previous owner...

NateIU10 · May 14, 2014

My question is, what's the penalty if you don't file the Machinegun registration?

https://www.mdsp.org/LinkClick.aspx?fileticket=blVwgcO_5I0=&tabid=429&mid=1072

The form itself states:

Failure to comply with this law is a felony punishable by imprisonment in the State penitentiary for a term of not more than ten years.

However, the Maryland charging language, found at http://www.courts.state.md.us/district/charginglanguage.pdf, states:

Manufacturer's Register; Inspection of Stock
CR 4-403
MISDEMEANOR
$100.00
*3_5200* **MCHNGUN: FAIL KEEP REGISTER**
...did fail to maintain a register showing the serial number of all
machine guns which he manufactured.

and

CR 4-403(b)
MISDEMEANOR
$100.00
*3_5201* **MCHN GUN: FAIL SHOW REGISTER**
...did, after demand by _____ (name and title of Police Officer,
Marshal, or Sheriff) of _____ [county/city], refuse and fail to
produce for inspection the register of machine guns required to
be kept under CR 4-403 of the Annotated Code of Maryland.
NOTE: CR 4-403 applies to manufacturers only.

I found that "note" interesting, and looked into the law a little bit.

Criminal Law Article 4-403 is reproduced below:

§ 4-403. Registration of machine gun

Manufacturer registration(a)(1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.(2) The register shall containi) the method of manufacture and serial number of the machine gun;(ii) the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and(iii) the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

Inspection of manufacturer stock(b)(1) On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

Registration of possession(c)(1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Policei) within 24 hours after acquiring the machine gun; and(ii) in each succeeding year during the month of May.(2) The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.(3) An application for registration shall containi) the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;(ii) the name, address, race, gender, date of birth, Maryland driver's license number, and occupation of the person in possession of the machine gun; and(iii) the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.(4) Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.(5) Registration data provided under this section is not open to public inspection.

Md. Crim. Law Code Ann. § 4-403

It would appear to me that only Subsections A and B have penalty provisions, so only MANUFACTURERS of machineguns must do the yearly registration or be subject to the fine/misdemeanor. I have no idea where the Felony/10 year language is coming from on the registration form to be honest. Subsection C, requiring individuals to register, has no associated penalty provision. Without a penalty, it is not illegal.

My completely unsolicited two cents, that is not legal advice.

Kingjamez · May 14, 2014

Thanks for the advise guys! I'm wanting to cross my t's and dot my i's on this thing since I'm new to the MG scene.

Nate:
VERY interesting find. I wouldn't have thought to even check the penalty in law, but knowing you, I'm not surprised you did :-).

Just for kicks, I'll search through the code as well, but I'd bet that you've found another great example of MD's gun laws being at odds with MSP's interpretation.

-Jim

rsideout · May 14, 2014

Kingjamez said:
I'm filling out the MG initial registration form. Under the section of the "Previous Owner" is that the FFL SOT that is currently in possession of the MG or the previous individual who owned it (in this case from another state)?

If the answer is the previous Form 4 owner, I don't have all the details on him (like his DL number, age, etc.). Should I just fill out to the best of my ability and send it in?

-Jim

If I bought from an SOT out of his stock, then that is who I list. If I bought direct from an individual, then that is who I list. If I don't have some of the information on that SOT or individual, then I just list unknown or n/a.

MSCSMD · May 15, 2014

hell, I just bought a machine gun and didn't know a thing about this law. can't imagine many machine gun owners know about this. sounds like another New york where no one registers.

rsideout · May 15, 2014

Have you taken possession yet?

MSCSMD · May 15, 2014

no, should be ready in the next couple of weeks.

rsideout · May 15, 2014

MSCSMD said:
no, should be ready in the next couple of weeks.

Send it in the day you take delivery. Remember to include your $10 check.....which is the real reason for the registration.

HappyCamper · May 15, 2014

Curious...Do 07/02 manufacturers have to fill out the MD MG registration and send it in or just keep a register on premisis?

MSCSMD · May 15, 2014

oops, spoke too soon. picked it up today.

Kingjamez · May 15, 2014

When did you send your form4 in?

-Jim

MSCSMD · May 15, 2014

did it electronically through 2A on 12/6

rsideout · May 15, 2014

MSCSMD said:
oops, spoke too soon. picked it up today.

So where are you going shoot the new toy?

IMBLITZVT · May 16, 2014

rsideout said:
So where are you going shoot the new toy?

Yeah, hopefully the AGC, so I can see if I want to upgrade my M11 with the MK2 upper!

Kingjamez · May 16, 2014

MSCSMD said:
did it electronically through 2A on 12/6

I did mine electronically on 12/6 as well... still nothing.

-Jim

rsideout · May 16, 2014

IMBLITZVT said:
Yeah, hopefully the AGC, so I can see if I want to upgrade my M11 with the MK2 upper!

Did you get the shoulder thing that goes up?

I like the commentary at 53 seconds.

MSCSMD · May 16, 2014

def agc. probably an indoor range first though so i can try it.

Initial Machine Gun Registration Question.

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