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

quantum · Apr 5, 2013

So if we have what will now be considered a banned "assault" rifle after 10/1 should we carry a photocopy of the receipt if we have it or something? Also I have a brake which is a QD mount for my suppressor; so does that mean my LR-308B only becomes a banned rifle when I attach the suppressor?

Second Amendment · Apr 5, 2013

ddeanjohnson said:
You were seeing things -- it was not corrected. The banned "assault"/"copycat" firearms, by definition, are all semi-auto.

ddeanjohnson,

I wanted to thank you for all of your informative threads and specific answers to member's questions. You're very good at clarifying. :thumbsup:

SA

Dan_Br · Apr 5, 2013

JAY1234 said:
I have photos and receipts documenting when my regulated and non-regulated firearms were purchased and where. I also have my MD designated collector approval letter. All of these documentations are in my vehicle at all times (now that the anti gun people have been successful in raping us gun owners).

I also have firearms (shotguns/30-30/22 auto) that my son gave to me. I have certified and notarized paperwork attesting to the legal transfer. These are also in my vehicle. If I get pulled over while legally transporting firearms and none of this paperwork is good enough for the officer, I guess it will be proof that this part of the legislated bill has some work to be done on it. From my reading, a lot of the new laws are ambiguous.

I also have made sure that my hand guns and long guns have appropriate, lockable carriers that are locked at all times while traveling.

Is a range bag good enough to transport a AR in your pickup truck (no trunk, behind seat on floor)?
Obviously, unloaded, ammo seperate etc.
thanks
Dan

ddeanjohnson · Apr 5, 2013

Dan_Br said:
Is a range bag good enough to transport a AR in your pickup truck (no trunk, behind seat on floor)?Obviously, unloaded, ammo seperate etc. thanks
Dan

Yes.

hogrider · Apr 5, 2013

Registration removed from SB281---Yaaaaaaaaa

IMO...Registration....was an issue that the MSP did not want to become involved in...

Over the last several months I have sent numerous emails to them, and to my representatives, about this issue, inquiring exactly what they have on file, and just exactly how this registration thing is going to work....

and I think that it opened up a huge can of worms...

because they suddenly realized that this would likely go to the SCOTUS...

and registration has been ruled illegal...

see below

The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.

The Act forbade the U.S. Government agency from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law (Federal Law 18 U.S.C. 926 (http://www.law.cornell.edu/uscode/text/18/926) being:

No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

iH8DemLibz · Apr 5, 2013

Hello SWINOKUR,

There is no MSP 77R if bought out of state cash and carry.

Plain Jane AR-15 service rifle. Solid stock. Standard 20 inch service barrel. No bells and whistles. Dare I say, just a semi-automatic rifle with a detachable magazine. Wait! It is black. It must be dangerous.

The law says new residents don't have to register so-called assault weapons when they move here if purchased before 10-1.

I would "assume" that means ALL out of state S-C-A-W's don't need to be registered if purchased before 10-1 even if you were a Not-So-Mary-Land resident when you bought it 12 years ago.

And who in the hell keeps receipts?

It's enough to drive you F***ING NUTS and that's what they want. That's what they want.

Scott

Mike OTDP · Apr 5, 2013

I'd bet the way this gets enforced is purely as a sales ban. Unless they can prove by serial number that a specific firearm could not have been legally owned, I don't see how a competent defense attorney could lose - and the prosecutors (more importantly, the MSP) know this.

hogrider · Apr 5, 2013

Mike OTDP said:
I'd bet the way this gets enforced is purely as a sales ban. Unless they can prove by serial number that a specific firearm could not have been legally owned, I don't see how a competent defense attorney could lose - and the prosecutors (more importantly, the MSP) know this.

Present ATTORNEYS excepted...is that a contradiction of terms... :lol:

Xander · Apr 5, 2013

mweiler48 said:
This may be a stupid question, and I'm sorry if so, but is there anyplace where the term "copy" in regards to the now pending "banned" list is defined? For instance, a "Bushmaster semi automatic" would be unnecessary if "AR-15 and all copies regardless of manufacturer" covered, say, an XM-15.

I actually looked at this. The "Bushmaster semi-automatic" is not their AR15 copy. It's a goofy looking gun they made in the '80s

ddeanjohnson · Apr 5, 2013

there is no federal statute prohibiting registration

hogrider said:
IMO...Registration....was an issue that the MSP did not want to become involved in...Over the last several months I have sent numerous emails to them, and to my representatives, about this issue, inquiring exactly what they have on file, and just exactly how this registration thing is going to work....and I think that it opened up a huge can of worms...because they suddenly realized that this would likely go to the SCOTUS...and registration has been ruled illegal...

see below

The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.

The Act forbade the U.S. Government agency from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law (Federal Law 18 U.S.C. 926 (http://www.law.cornell.edu/uscode/text/18/926) being:

No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

You are misinterpreting the federal law. It clearly applies only to authority granted by Congress to the federal executive branch under the Gun Control Act, as amended in 1986. Congress took pains to say that it was not giving the federal attorney general authority, under this act, to establish a registration database in any federal facility or in any facility controlled by a state. All of this serves only to limit the authority of the federal government in this area. It says nothing, nothing at all, to limit the ability of a state legislature to pass a law requiring registration.

Registration systems of various types are in effect in various states. You say "registration has been ruled illegal..." Please cite a single federal court decision that contains any such holding. I believe there are no such decisions.

iH8DemLibz · Apr 5, 2013

It just hit me.

A close-up picture of the serial number with a day/time stamp on it.

Or a picture of you and your so-called assault weapon reading the morning paper together. The newspaper would have a date on it.

I think I'm being serious about this. Not sure yet.

OK. I am.

Your s-c-a-w could be photographed posing with a pre 10-1 BGE bill.

I think I'm on to something. Or is that on something?

Scott

Xander · Apr 5, 2013

Mike OTDP said:
I'd bet the way this gets enforced is purely as a sales ban. Unless they can prove by serial number that a specific firearm could not have been legally owned, I don't see how a competent defense attorney could lose - and the prosecutors (more importantly, the MSP) know this.

Here'sone way: It's 2019, you get caught with a rifle that was manufactured in 2015. The State's Attorney traces where the rifle was sold, and subpeonas their records looking for your "purchase order." One doesn't show up. They then have the store's custodian of records testify at trial that the absence of a PO means that one was not submitted, or even better, that they have a record of you ordering it post-Oct. 1. You would be suprised how quickly they can establish a chain of ownership with a firearm even absent a datatbase.

ddeanjohnson · Apr 5, 2013

iH8DemLibz said:
The law says new residents don't have to register so-called assault weapons when they move here if purchased before 10-1.

SB 281 does not say what you wrote there.

It says that anyone who moves into the state after October 1, 2013, will be required to register "all regulated firearms" with 90 days after establishing residency (see page 52). This clearly would apply to all handguns, except muzzleloaders and antiques (pre-1899), no matter when or where they were acquired. Most likely it will also be construed to apply to any "assault" rifle that was lawfully possessed by the new resident prior to October 1, 2013, since they were regulated before they were banned. The matter is not free from doubt. We'll know for sure when the MSP develop the new form for such registrations.

If the firearm was lawfully owned in another state prior to October 1, 2013, then it is not banned and the new resident may keep it, as I read the bill.

iH8DemLibz said:
And who in the hell keeps receipts?

I have receipts for everything . . . including my first .22, a gift I received at age 11.

ddeanjohnson · Apr 5, 2013

iH8DemLibz said:
It just hit me. A close-up picture of the serial number with a day/time stamp on it.Scott

Day/time stamps are easy to alter. If you want to document that a receipt, photo, or whatever existed on a certain date, type up an affirmation and have it all notarized. Be sure the notary puts the imprint stamp on every document. The notary keeps a record of the matter in her "bound book," to which authorities can refer if it ever became an issue.

randian · Apr 5, 2013

ddeanjohnson said:
(2) has an overall length of less than 29 inches;

So bullpups are evil now? What was this intended to prevent?

iH8DemLibz · Apr 5, 2013

I figured it out.

Step 1 - Tie your s-c-a-w to the rear bumber of your car.

Step 2 - Blow through a red light or drive 85 mph through a school zone.

Step 3 - The flash goes off and an official picture is taken.

Step 4 - Wait for the the official picture with day/time stamp to show up in the mail or wait for the cops to show up in your drive way. Which ever comes first.

Step 5 - Load car with legal/pre 281/pre 10-1/ s-c-a-w and wait to be pulled over for a busted taillight.

That's it. Happy shooting.

Scott

hogrider · Apr 5, 2013

dean:

I just quoted what Wikipedia stated....

Notwithstanding...I really do appreciate your time on this...

dblas · Apr 5, 2013

hogrider said:
IMO...Registration....was an issue that the MSP did not want to become involved in...

Over the last several months I have sent numerous emails to them, and to my representatives, about this issue, inquiring exactly what they have on file, and just exactly how this registration thing is going to work....

and I think that it opened up a huge can of worms...

because they suddenly realized that this would likely go to the SCOTUS...

and registration has been ruled illegal...

see below

The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.

The Act forbade the U.S. Government agency from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law (Federal Law 18 U.S.C. 926 (http://www.law.cornell.edu/uscode/text/18/926) being:

No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

This has been discussed before and since the above highlighted would be the Federal AG, it does not apply to a State AG making such rules for their particular state.

SomeGuy · Apr 5, 2013

Final Bill - well 'enrolled' so all the amendments are still in it.

http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf

dblas · Apr 5, 2013

Xander said:
I actually looked at this. The "Bushmaster semi-automatic" is not their AR15 copy. It's a goofy looking gun they made in the '80s

The bushmaster Semi-Auto rifle is specifically named: page 22 Line 28.

AR-15 copies are specifically named: Page 23 Line 4 (Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle)

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