Legality of the Czech Skorpion VZ-61.

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  • coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    Ripped from another thread. I thought it deserved a thread of its own but I'm not a lawyer.

    Okay, so I have been doing some research on this discrepancy lately between the Handgun Roster Board and the Assault Pistol List with the Skorpion semiautomatic pistol and this is what I have found.

    According to: http://www.vpc.org/studies/awaconc.htm
    There was a law in November 1988 that was voted on and passed by Marylanders by a referendum to create and establish the MD Handgun Roster Board.
    According to: http://www.iandrinstitute.org/Maryland.htm
    The NRA tried to block the original bill in the General Assembly by a petition and sent sent the bill to a referendum. The NRA spent $4 Million on a "Vote No" campaign that failed. Hence, the Handgun Roster Board was formed.

    According to: http://www.ajph.org/cgi/reprint/87/2/297-a
    A law consisting of the "Assault Pistol" ban was made in June of 1994. Here is the relevant text of the law that was formed:
    http://www.atf.treas.gov/firearms/statelaws/26thedition/maryland.pdf
    Subtitle 3. Assault Pistols and Detachable
    Magazines
    4-301. "Assault pistol" defined. In this subtitle,
    "assault pistol" means any of the following
    firearms or a copy regardless of the producer or
    manufacturer:
    (11) Skorpion semiautomatic pistol;

    And now this:
    http://www.dsd.state.md.us/MDRegister/3523/main_register.htm
    DEPARTMENT OF STATE POLICE
    HANDGUN ROSTER BOARD
    Proposed Additions to Handgun Roster (on DEC. 7th 2008)
    MANUFACTURER
    MODEL NAME MODEL NUMBER CALIBER
    Auto Ordnance Thompson 1927A-1 TA5 .45 ACP
    Charter Arms/
    CHARCO Pink Lady N/A .38 SP
    Charter Arms/
    CHARCO Patriot “73270, 73274” All Calibers
    D-Technik Skorpion VZ61 .32 ACP
    German Sport
    Guns (GSG) GSG 5 Pistol GSG 5 P .22 LR
    Glock 20 SF 10mm
    Glock 29SF 10mm
    Heckler & Koch P30L N/A 9mm
    Kimber Team Match II .38 Super (Caliber Addition)
    Smith & Wesson N/A 315 .38 S&W Special
    Smith & Wesson N/A 396 .44 SP

    Now a question can be formed from this information: Does the MD Handgun Roster have the ability to override a MD Law? I don't know but there is more to this interesting story than you may think.

    Above we look at the banned Assault Pistol List and find a firearm listed in the code as "(11) Skorpion semiautomatic pistol." A question we have to ask ourselves is: What exactly is this firearm or which firearm did the legislature mean when they enacted this law? Most of you would say, "Well duh! The one we are talking about right?" Well, maybe not. Look here at another Skorpion semiautomatic pistol that is APPROVED for sale on the Maryland Handgun Roster!
    http://www.mdsp.org/
    Intratec Handguns
    The following are the Handguns made by Intratec that are legal in Maryland
    Model Model Number Caliber
    Skorpion TEC-22 .22 LR

    And here is yet another Skorpion pistol. (This pistol is not approved for sale in Maryland)
    This pistol is in 9mm made by Armitage Intl. and the model is called Scarb Skorpion. To me this sounds more like the pistol MD wanted banned at the time. It's a 9mm caliber. The same as the UZI, TEC-9, and some of the MAC-10's. It is even made during the years right before the "Assault Pistol" ban and it even had the "evil" threaded barrel feature.

    https://www.gunsamerica.com/guns/952872696.htm
    Armitage Intl. model Scarb Skorpion. Total Production of 602. Manufactured in USA during 1989-1990. 9mm cal. paramilitary design. Patterned after the Czech model 61. It has a 4.63" threaded barrel (will take Cobray extensions), matte black finish, 2 Magazines (1-12 rnd & 1-32 rnd), magazine loader, all papers, and original oil sample. (serial # 005XX).

    wm_md_897758.jpg


    As we all know the MD law of '94 also mimicked the Federal Crime Bill signed by President Bill Clinton and what firearm do we find on the now defunct ban? That is right, the Scarab Skorpion Pistol under firearm number 141. http://www.gunsworld.com/law/laws_clinton_us.html

    Do we find the Scorpion VZ-61 on this list? No. Most likely because it was still only a machine gun. From everything I have seen lately, it looks as though the Skorpion VZ-61 was only converted to a semi-auto only recently. Therefore there was no Skorpion VZ-61's to ban in 1994 when the "Assault Pistol" ban was enacted.

    From this information, the VZ-61 only became a semi-auto option in 2005. This was way after the "Assault Pistol" ban was enacted.
    http://www.gunsnet.net/forums/archive/index.php/t-255627.html
    09-24-2005, 08:20 AM
    FYI,
    The semi lower has just been approved by ATF for the Vz61
    If you have a Vz61 kit this may be just what you need.
    The company building the Skorpion semi receivers is:
    R.T. MFG phone #847-487-7562 ask for Jack
    Lower will be steel with blued finish
    http://www.gunsnet.net/album/data//500/1248Skorpion_kit01-med.jpg
    Here is where the receivers are now: http://www.prexis.com/sten/53.htm

    An even more interesting question is why the MD Legislature felt the need to ban a specific list of "Assault Pistols" in 1994 when there was ALREADY a Handgun Roster Board since 1988? The Board would have never approved those firearms anyway.

    For my conclusion I think the legislature was banning the Scarab Skorpion Pistol when then mentioned the Skorpion semiautomatic pistol and not the Czech Skorpion VZ-61. The Scarab Skorpion was made during the era of the ban, it was a 9mm (a so called caliber choice of criminals), it had a threaded barrel, it is also listed on the now defunct Federal Crime Bill of '94, the same bill the Scorpion VZ-61 is not listed on, and the Skorpion VZ-61 was not a semi-automatic firearm in 1994 when the "Assault Pistol" ban was enacted. Another reason for my conclusion is that most of the other firearms are listed specifically such as Heckler and Koch semiautomatic SP-89 pistol, Ingram Mac-10, and the Intratec Tec-9. Don't you think if the legislature was speaking of the Czech Skorpion VZ-61 that they would have SPECIFICALLY listed it just like the others? Such as, Skorpion VZ-61 Semiautomatic pistol. I conclude the Skorpion VZ-61 is not the same firearm that is listed in the "Assault Pistol" ban as the (11) Skorpion semiautomatic pistol. The firearm that I believe that is listed under the "Assault Pistol" list is the Scarab Skorpion in 9mm made by Armitage Intl between 1989 and 1990.

    As expected:
    From the MD State Police website today Dec. 10, 2008:
    D-Technik Handguns
    The following are the Handguns made by D-Technik that are legal in Maryland
    Model Model Number Caliber
    Skorpion VZ61 .32 ACP

    Lastly, I ain't a lawyer!!
     
    Last edited:

    tpy77

    Ultimate Member
    Sep 27, 2007
    1,196
    P.G. Co.
    Ripped from another thread. I thought it deserved a thread of its own but I'm not a lawyer.

    Okay, so I have been doing some research on this discrepancy lately between the Handgun Roster Board and the Assault Pistol List with the Skorpion semiautomatic pistol and this is what I have found.

    According to: http://www.vpc.org/studies/awaconc.htm
    There was a law in November 1988 that was voted on and passed by Marylanders by a referendum to create and establish the MD Handgun Roster Board.
    According to: http://www.iandrinstitute.org/Maryland.htm
    The NRA tried to block the original bill in the General Assembly by a petition and sent sent the bill to a referendum. The NRA spent $4 Million on a "Vote No" campaign that failed. Hence, the Handgun Roster Board was formed.

    According to: http://www.ajph.org/cgi/reprint/87/2/297-a
    A law consisting of the "Assault Pistol" was made in June of 1994. Here is the relevant text of the law that was formed:
    http://www.atf.treas.gov/firearms/statelaws/26thedition/maryland.pdf
    Subtitle 3. Assault Pistols and Detachable
    Magazines
    4-301. "Assault pistol" defined. In this subtitle,
    "assault pistol" means any of the following
    firearms or a copy regardless of the producer or
    manufacturer:
    (11) Skorpion semiautomatic pistol;

    And now this:
    http://www.dsd.state.md.us/MDRegister/3523/main_register.htm
    DEPARTMENT OF STATE POLICE
    HANDGUN ROSTER BOARD
    Proposed Additions to Handgun Roster
    MANUFACTURER
    MODEL NAME MODEL NUMBER CALIBER
    Auto Ordnance Thompson 1927A-1 TA5 .45 ACP
    Charter Arms/
    CHARCO Pink Lady N/A .38 SP
    Charter Arms/
    CHARCO Patriot “73270, 73274” All Calibers
    D-Technik Skorpion VZ61 .32 ACP
    German Sport
    Guns (GSG) GSG 5 Pistol GSG 5 P .22 LR
    Glock 20 SF 10mm
    Glock 29SF 10mm
    Heckler & Koch P30L N/A 9mm
    Kimber Team Match II .38 Super (Caliber Addition)
    Smith & Wesson N/A 315 .38 S&W Special
    Smith & Wesson N/A 396 .44 SP

    Now a question can be formed from this information: Does the MD Handgun Roster have the ability to override a MD Law? I don't know but there is more to this interesting story than you may think.

    Above we look at the banned Assault Pistol List and find a firearm listed in the code as "(11) Skorpion semiautomatic pistol." A question we have to ask ourselves is: What exactly is this firearm or which firearm did the legislature mean when they enacted this law? Most of you would say, "Well duh! The one we are talking about right?" Well, maybe not. Look here at another Skorpion semiautomatic pistol that is APPROVED for sale on the Maryland Handgun Roster!
    http://www.mdsp.org/
    Intratec Handguns
    The following are the Handguns made by Intratec that are legal in Maryland
    Model Model Number Caliber
    Skorpion TEC-22 .22 LR

    An even more interesting question is why the MD Legislature felt the need to ban a specific list of "Assault Pistols" in 1994 where there was ALREADY a Handgun Roster Board since 1988? The Board would have never approved those firearms anyway.

    From my conclusion I don't think any one really knows what firearm the legislature implied when listing the Skorpion semiautomatic pistol. Most of the other firearms are listed specifically such as Heckler and Koch semiautomatic SP-89 pistol, Ingram Mac-10, and the Intratec Tec-9. Don't you think if the legislature was speaking of the Czech Skorpion VZ-61 that they would have SPECIFICALLY listed it just like the others? Such as, Skorpion VZ-61 Semiautomatic pistol? I conclude the Skorpion VZ-61 is not the same firearm that is listed in the "Assault Pistol" law as the (11) Skorpion semiautomatic pistol.

    Lastly, I ain't a lawyer!!

    Coinboy, yo in a heap 'o trouble....:deal::cop::wtf::nono::facepalm:

    Novus, what can you get for owning an illegal "Assault Pistol"? Estimate legal fees por favor :shocked2:? Coinboy, you will be immortalized on the 11 o'clock news. :rolleyes::innocent0 If I read that right the legal gun is .22 cal. and the .32 Auto is verboten. I could be wrong, but it might have paid to check with a REAL lawyer ahead of time. ATF will probably have fun with Gun Rack, too. I HOPE I'M WRONG.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    Coinboy, yo in a heap 'o trouble....:deal::cop::wtf::nono::facepalm:

    Novus, what can you get for owning an illegal "Assault Pistol"? Estimate legal fees por favor :shocked2:? Coinboy, you will be immortalized on the 11 o'clock news. :rolleyes::innocent0 If I read that right the legal gun is .22 cal. and the .32 Auto is verboten. I could be wrong, but it might have paid to check with a REAL lawyer ahead of time. ATF will probably have fun with Gun Rack, too. I HOPE I'M WRONG.

    I have actually not bought the gun yet. I just put money down on it. If all goes correctly the firearms will be available for sale on Dec. 7, 2008. That's when my application will go to the State Police for either a "Disapproved" or "Not Dissaproved" stamp.
     

    tpy77

    Ultimate Member
    Sep 27, 2007
    1,196
    P.G. Co.
    I have actually not bought the gun yet. I just put money down on it. If all goes correctly the firearms will be available for sale on Dec. 7, 2008. That's when my application will go to the State Police for either a "Disapproved" or "Not Dissaproved" stamp.

    That'll be interesting. Wonder if they'll do a double take here?:rolleyes:
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    Just found another Skorpion and this one is in 9mm made by Armitage Intl. the model is called Scarb Skorpion. To me this sounds more like the pistol MD wanted banned at the time. It's a 9mm caliber. The same as the UZI, TEC-9, and some of the MAC-10's. It is even made during the years right before the "Assault Pistol" ban.

    https://www.gunsamerica.com/guns/952872696.htm
    Armitage Intl. model Scarb Skorpion. Total Production of 602. Manufactured in USA during 1989-1990. 9mm cal. paramilitary design. Patterned after the Czech model 61. It has a 4.63" threaded barrel (will take Cobray extensions), matte black finish, 2 Magazines (1-12 rnd & 1-32 rnd), magazine loader, all papers, and original oil sample. (serial # 005XX).

    wm_md_897758.jpg


    As we all know the MD law of '94 also mimicked the Federal Crime Bill signed by President Bill Clinton and what firearm do we find on the now defunct ban? That is right, the Scarab Skorpion Pistol under 141. http://www.gunsworld.com/law/laws_clinton_us.html

    Do we find the Scorpion VZ-61 on this list? No. Most likely because it was still a machine gun. From everything I have seen lately, it looks as though the Skorpion VZ-61 was only converted to a semi-auto only recently. Therefore there was no Skorpion VZ-61's to ban in 1994 when the "Assault Pistol" ban was enacted.

    AH-HA!! I figured it out!!
    The VZ-61 only became a semi-auto option in 2005. Way after the "Assault Pistol" ban was enacted.
    http://www.gunsnet.net/forums/archive/index.php/t-255627.html
    09-24-2005, 08:20 AM
    FYI,
    The semi lower has just been approved by ATF for the Vz61
    If you have a Vz61 kit this may be just what you need.
    The company building the Skorpion semi receivers is:
    R.T. MFG phone #847-487-7562 ask for Jack
    Lower will be steel with blued finish
    http://www.gunsnet.net/album/data//500/1248Skorpion_kit01-med.jpg
    Here is where the receivers are now: http://www.prexis.com/sten/53.htm
     
    Last edited:

    wlc

    Ultimate Member
    Nov 13, 2006
    3,521
    I think the handgun roster board does not know maryland laws
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I think the handgun roster board does not know maryland laws

    If that is true, then that is just plain sad and a serious problem for all Marylanders.

    Article - Public Safety

    § 5-404.

    (a) There is a Handgun Roster Board in the Department of State Police.

    (b) (1) The Board consists of 11 members.

    (2) Of the 11 members of the Board:

    (i) one shall be the Secretary as an ex officio member; and

    (ii) ten shall be appointed by the Governor with the advice and consent of the Senate.

    (3) Of the ten appointed members of the Board:

    (i) one shall be a representative of the Association of Chiefs of Police;

    (ii) one shall be a representative of the Maryland State's Attorneys' Association;

    (iii) one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;

    (iv) one shall be a resident of the State who is a representative of the National Rifle Association or its affiliated State association;

    (v) one shall be a representative of the Marylanders Against Handgun Abuse; and [changed this year]

    (vi) five shall be public members, two of whom shall be mechanical or electrical engineers.

    (c) The term of an appointed member is 4 years.

    (d) The Secretary shall serve as chairman.
    Article - Public Safety

    § 5-401.

    (a) In this subtitle the following words have the meanings indicated.

    (b) "Board" means the Handgun Roster Board.

    (c) "Handgun" has the meaning stated in § 4-201 of the Criminal Law Article.

    (d) "Handgun roster" means the roster of authorized handguns compiled by the Board under § 5-405 of this subtitle.

    (e) "Secretary" means the Secretary of State Police or the Secretary's designee.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    WOO-HOO!! Approved!!

    From the MD State Police website today Dec. 10, 2008:

    D-Technik Handguns

    The following are the Handguns made by D-Technik that are legal in Maryland

    Model Model Number Caliber
    Skorpion VZ61 .32 ACP
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Hey Do you have a copy of that release from the police that says its legal? Or a link? I am very interested in getting one but need some more info or at least the police oking it.

    Thanks!
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    THey are in alot of gunstores in maryland just call around, they are legal.

    Yeah I have heard that. However I have not heard a good reason why they are legal (I mean I know they should all be legal...but). The best I have heard is that since the VZ61 was not around when the law was past they are not banned. However, the law says any clones or copies... so even if its a .32 and not the same manufacture, I don't see how its legal. I guess I am assuming that the Scarb Skorpion and the others built at the time were the same gun just larger. Anyway, please don't get me wrong, I want to order one and I am glad they are legal as that whole ban is a total ********! I would just like a copy of the police announcement to show my FFL to put his mind at ease and to keep in the file to have if they change their mind.

    P.S. for those like me with a parts kit, a receiver is a LOT cheaper here! $200 where MGS wants like $370...

    http://www.czechpoint-usa.com/produ...ccessories/vz-61-parts-and-accessories/frame/
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Well, I just called the State police just to be sure. I talked to a Sgt. on the phone. He told me that if its on the Roster list, its legal! So I said "So this list supersedes the assault weapons ban list" and he said YES! Looks like its time to run more of these guns in front of the roster board!
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Well, I just called the State police just to be sure. I talked to a Sgt. on the phone. He told me that if its on the Roster list, its legal! So I said "So this list supersedes the assault weapons ban list" and he said YES! Looks like its time to run more of these guns in front of the roster board!

    While I disagree about the Roster Board overriding statute, there is standing precedence. The reason why we are allowed to buy handguns with removeable internal gun locks instead of built in ones only is because they claimed the Roster Board was superior to the written statute or something.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    Well, I just called the State police just to be sure. I talked to a Sgt. on the phone. He told me that if its on the Roster list, its legal! So I said "So this list supersedes the assault weapons ban list" and he said YES! Looks like its time to run more of these guns in front of the roster board!

    I will put it this way:

    When you fill out the transfer paperwork it goes to the MDSP for approval. Do you honestly think they would approve the transfer of an illegal firearm in Maryland? I don't. If they do, I think they would have a hard time prosecuting you for a firearm that they approved! I'm not saying it can't happen. I'm just saying that I doubt it would and if it did it would probably get thrown out in court because you could provide documentation that clearly says you were not disapproved from owning that particular firearm.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Well, either way, MSP are charged with interpreting the law, at least until it gets to court. So if thats the way they read it, so be it! I agree, there would not be much of a legal leg to stand on if the police add it to the "Legal" guns allowed in the state and then approve the transfer. I ordered my receiver yesterday! I can't wait!

    I will have to read more about that Roster board...
     

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