The final SB 281: A detailed summary for non-lawyers

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  • necrodude

    Active Member
    Aug 22, 2012
    220
    PG county, MD
    So when I finally have enough money and can get them, the Tavor 21 is gona be banned because it 28.53 inches. :sad20:
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    So, I take my 23 year old son to range with me often. This mean he can't use one of my regulated or granfathered guns with me on range?

    When he was 12 I taught him how to shoot a 22 rilfe and a 22 revolver. If I ever have grand kids could I or he teach them the same way? Or do I have to let some stranger teach him his version of the basics?
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    So, I take my 23 year old son to range with me often. This mean he can't use one of my regulated or granfathered guns with me on range?

    When he was 12 I taught him how to shoot a 22 rilfe and a 22 revolver. If I ever have grand kids could I or he teach them the same way? Or do I have to let some stranger teach him his version of the basics?

    These are excellent questions. I hope that the people who implement this law, by writing regulations and in other respects, do so in a way that will not lead to such results. But I have concerns when I read the language -- see paragraph no. 9 in my summary (the Original Post), here.

    In the days that variations of my summary have been posted on this forum, I've been waiting for some lawyer to come along and offer a persuasive argument as to why such results will not flow from the language of the bill. So far, none has done so.

    When concerns along the same lines were raised on the House floor on April 3, Delegate Dumais, the floor leader in support of the bill, suggested several times that we need not be unduly concerned because of "prosecutorial discretion." Don't you feel better to know that?
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,758
    Eldersburg
    My son in law is in Afghanistan and doesn't return until sometime in October. He likes my M1A competition rifle and I planned to gift it to him when he returns. The way I read the law, I could only will it to him after I am dead. Is that right?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    My son in law is in Afghanistan and doesn't return until sometime in October. He likes my M1A competition rifle and I planned to gift it to him when he returns. The way I read the law, I could only will it to him after I am dead. Is that right?

    I think so. You could do the transfer to your daughter now. Do transfers between family members require you to go to the police station, or do you just mail them? Maybe you can do it with him out of the Country?
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    My son in law is in Afghanistan and doesn't return until sometime in October. He likes my M1A competition rifle and I planned to gift it to him when he returns. The way I read the law, I could only will it to him after I am dead. Is that right?

    If his current and anticipated residency is in Maryland, yes, I think what you've said is right. If he established residency in some other state, you could "sell or transfer" it to him, accomplishing the transfer through an FFL in his state of residency.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,758
    Eldersburg
    Delegate Krebs suggested that but she was not sure if it could be done with him out of country. I think there is a limit to the amount of time allowed between approval and transfer.
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    I think so. You could do the transfer to your daughter now. Do transfers between family members require you to go to the police station, or do you just mail them? Maybe you can do it with him out of the Country?

    Both parties make an appointment at a MSP barracks and both must be there to fill out the paperwork. There is a strict procedure to follow for the visit; you don't just walk in with a black rifle, even in a case. If somebody needs the details, he can send me an IM.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,758
    Eldersburg
    If his current and anticipated residency is in Maryland, yes, I think what you've said is right. If he established residency in some other state, you could "sell or transfer" it to him, accomplishing the transfer through an FFL in his state of residency.

    Thank you. My son in law, my daughter and I are all vets. :mad54:
     

    randian

    Active Member
    Jan 13, 2012
    715
    Delegate Dumais, the floor leader in support of the bill, suggested several times that we need not be unduly concerned because of "prosecutorial discretion."
    Yeah, when have prosecutors ever used their discretion to buff their political ambitions rather than serve justice?
     

    jpo183

    Ultimate Member
    Mar 20, 2013
    4,116
    in Maryland
    Can someone confirm. The way I read the bill after oct 1 anyone with a handgun must be subject to fingerprint and pay the fee?

    Or should I say if you comply you would have to:
     

    ShoreShooter

    Ultimate Member
    Feb 27, 2013
    1,042
    Tougher question. Might need a LEO to answer this one.

    The penalties for use of a handgun with more than 10 round mag in the commission of a violent crime are clear. Jail time.

    What I am trying to think about is whether it is WISE to use one in MD now for personal protection, even if you own one legally. What I am trying to think through, this being MD after all, is what sort of charges might the homeowner face if he uses a handgun for protection in his home. I am wondering about instances where he might be charged with something where he can plea down or PBJ on the "crime" but be put in a box because he fired one shot out of a 17 round pistol mag.

    I am probably over thinking this. Comments?
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    Can someone confirm. The way I read the bill after oct 1 anyone with a handgun must be subject to fingerprint and pay the fee?

    Or should I say if you comply you would have to:

    Any person who on October 1, 2013, "lawfully owns a regulated firearm" may obtain a "handgun qualification license" without first meeting the training requirement -- but she still is required to obtain the license if she wants to acquire another handgun, which means getting fingerprinting, submitting to the background check, and paying the $50 fee. Delegate Justin Ready sent out an email newsletter today, asserting that "current legal gun owners that are residents of Maryland will not have to submit to fingerprinting and the $50 fee," but in fact they will have to submit, if they want to acquire additional handguns -- they are relieved only of the training requirement.
     

    kcd

    quickdraw
    Jul 21, 2007
    195
    Fort Washington
    How is the overall length measured for a rifle with a folding stock? This is regarding the "less than 29 inches" test for a banned "copycat." If the overall length is less than 29 inches only when the stock is folded, it seems that a rifle could be banned with the stock folded but not banned with the stock extended.
     

    randian

    Active Member
    Jan 13, 2012
    715
    How is the overall length measured for a rifle with a folding stock? This is regarding the "less than 29 inches" test for a banned "copycat." If the overall length is less than 29 inches only when the stock is folded, it seems that a rifle could be banned with the stock folded but not banned with the stock extended.
    One would expect MSP to choose whichever interpretation most easily enables arrests and convictions.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    One would expect MSP to choose whichever interpretation most easily enables arrests and convictions.

    Depends. There will be a new commander of the licensing division in the not so distant future.
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    I guess all handguns purchased prior to 1986 now need to be registered?

    There is no such requirement in the bill. The only people required to register handguns are people who establish residency after October 1, 2013, within 90 days of establishing residency. "Governor Martin O'Malley welcomes you to Maryland! Where are your guns?"
     

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