Non-Resident Full Time Student and Handgun

N3YMY said:

I find it interesting how basically we deny "students" their constitutional rights on many levels.

They will run this country soon enough, what choices will they make then based upon the "conditional use" of their rights now?

The likely outcome terrifies me...

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esqappellate said:

As explained above, 5-143 does not say, either way. And that just leaves it ambiguous. There is no statute that defines the meaning of resident for all purposes for the entire MD code. As detailed above, the courts in MD have held that it all depends on the legislative intent/purposes in a given statute. With respect to 5-143, there are arguments that go either way. That is not unusual with new laws.

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Pinecone said:

It does say intending to establish residence. I think a valid arguement is that a full time student does NOT intend to establish residency in the state of their school, at least not until they graduate and may get a job in that state.

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danb said:

If a Hopkins student, I'd go with the katana sword.

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esqappellate said:

That argument can certainly be made -- after an arrest and at trial. The prosecutor can argue that the GA intended that any person intending to establish a residence in MD (which the student does in the OP), be required to register a regulated firearm. The prosecutor, with the case law cited above, can argue that residence be defined broadly as, not domicile, but rather simply some place to which the person returns on a regular basis. Who wins that argument in court? I don't know. If you don't want to risk the very serious consequences (at the least lots of $$$ and possibly losing the argument in court) associated with being arrested and prosecuted then (1) leave the gun at home and do without that means of self defense or (2) spend $15 and 10 minutes on-line and register it. That's the choice. Or bringing a declaratory judgment action in state court, asking for resolution. Or petitioning the MSP for a rule making and seeking judicial review of an adverse determination. Those alternatives involve a lot of $$$ too. Assuming the correctness of your interpretation is not, IMHO, a sound legal strategy for the OP.

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