PDF file of regulations as published in Maryland Register

An anticipated, the proposed "emergency" Maryland State Police regulations to implement SB 281 were published in today's edition (Sept. 20) of the Maryland Register. This PDF file contains the pertinent pages. The official process for submitting public comments is found on Register page 1569 under the subheadline, "Opportunity for Public Comment," which is on the fourth page of the PDF file. The deadline for such comments is October 21, 2013. See also comments by occbrian immediately below.

ddeanjohnson said:

An anticipated, the proposed "emergency" Maryland State Police regulations to implement SB 281 were published in today's edition (Sept. 20) of the Maryland Register. This PDF file contains the pertinent pages. The official process for submitting public comments is found before the text of the regulations, on page 3 of the PDF file.

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Great post.

MSI needs everyone to pour through these and post errors, inconsistencies with state law and other problems. Please try to keep the thread clear from banter. Thanks for your help!!!! Please email issues to SB281regs@marylandshallissue.org and please, be as specific as possible. Cite specific COMAR regs including their #


Dean, can you add my comments to the op?

Thanks ddeanjohnson!

Hey ddean,

Thanks. Are these the same as the posted version earlier this week? Would be good to know to avoid a do over for those of us that reviewed those.

ShallNotInfringe said:

Hey ddean,

Thanks. Are these the same as the posted version earlier this week? Would be good to know to avoid a do over for those of us that reviewed those.

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If WE can do a quick compare. It will eliminate some needless review for US.

Thanks. I recommend that when making comments, note the section of the regulation(s) you are commenting about. For example, COMAR 29.03.01.01 to cite the definitions. Alternatively, you can cite the MD Register when making comments. See page 2 of the posted PDF for how to cite the COMAR and the MD Register. Citing the precise location helps everyone involved.

A reminder...

Feel free to submit any discrepancies you can to MSI, for review and compilation.

SB281regs@marylandshallissue.org

ShallNotInfringe said:

Hey ddean,

Thanks. Are these the same as the posted version earlier this week? Would be good to know to avoid a do over for those of us that reviewed those.

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The versions circulated earlier in the week by MSI were represented as being the versions that would be published in the Sept. 20 Register, and I have no reason to think otherwise, but I can't swear to it.

ddeanjohnson said:

The versions circulated earlier in the week by MSI were represented as being the versions that would be published in the Sept. 20 Register, and I have no reason to think otherwise, but I can't swear to it.

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Cool. So do we need to repost everything from the other thread over here or did someone pick those up already?

It says you are a straw purchaser if you buy a gift for someone who is not a Maryland resident.

Kindadumb!

MSI needs everyone's help. We only have a few days to go through this stuff. If you have the time to read through this crap, please do so and let MSI know!

SB281regs@marylandshallissue.org

A few of the things that raised a question for me on my first read-through (forgive me if some of these are already dead horses):

Section .06 - Ammunition

A person may not possess ammunition if the person is prohibited from possessing a regulated firearm... -- Would this create a liability for those selling ammunition, how could they verify?

Section .29 (C)(4) - Have we heard anything definitively regarding how the 'live fire' training requirement will be administered?

Section .32 (A) - If an individual is purchasing their first regulated firearm, could the HQL and 77R investigation be conducted simultaneously; why force a purchaser to wait 30 days for the HQL and then another 8 days for the 77R? Processing the investigations for both would also save money/resources for the MSP.

Section .33 (C) - Handgun Qualification License - Replacement
Section .34 (E) - Handgun Qualification License - Renewal

Both note replacement/renewal 'within a reasonable time', what is the definition of 'reasonable time'?

Not noted - What happens if your HQL expires, is there a grace period for renewal?

Derp

ddeanjohnson

You might want to add a link in your OP to the text of SB 281 so everything is handy.

Blacksmith101 said:

ddeanjohnson

You might want to add a link in your OP to the text of SB 281 so everything is handy.

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Here it is, in PDF format. But keep in mind that the just-published regulations are based on (or should be) all of the statutes on regulated firearms and handgun permits, not only the statutory provisions that were added or revised by SB 281. Some of the comments that people are making are based on longstanding laws and carryover regulations, not generated by SB 281.

I am reading this monstrosity and in the HQL section it says on page 1576:

.26 Handgun Qualification License—Generally.
A. Except as provided in §B of this regulation, a person shall
possess a valid Handgun Qualification License before the person
may purchase, rent, or receive a handgun.

B. A person is not required to possess a Handgun Qualification
License if the person:
(1) Possesses valid credentials or retirement credentials from a
law enforcement agency of the United States, the State, or any local
law enforcement agency in the State;
(2) Is an active or retired member of the armed forces of the
United States or the National Guard, and possesses a valid military
identification card; or
(3) Purchases, rents, or receives an antique, curio, or relic
firearm, as defined in federal law or in determinations published by
the Bureau of Alcohol, Tobacco, Firearms and Explosives.
C. A person who has a valid permit issued under Public Safety
Article, Title 5, Subtitle 3, Annotated Code of Maryland may submit a
written request to the Secretary for a Handgun Qualification ..."

I have a C&R. I think i qualify under B3. I could be reading this wrong but does this exemption only apply to C&R purchases or can it be generally applied across the board to all pistols? Even modern sporting pistols? Or does it mean whether you have a C&R or not you may purchase a C&R pistol without having an HQL and paying the state 50$?

One might say the State is creating different classes of citizenship were some citizens have to pay for the right to enjoy the 2A. Those who have served and those who have not. Those who are retired LEO's and those who are not. We are all civilians so I am wondering wtfo?

The C&R exception in SB 281 has nothing to do with C&R licenses!

crowleycr said:

I am reading this monstrosity and in the HQL section it says generally on page 1576:

B. A person is not required to possess a Handgun Qualification
License if the person . . .
(3) Purchases, rents, or receives an antique, curio, or relic
firearm, as defined in federal law or in determinations published by
the Bureau of Alcohol, Tobacco, Firearms and Explosives.
"

I have a C&R. I think i qualify under B3. I could be reading this wrong but does this exemption only apply to C&R purchases or can it be generally applied across the board to all pistols? Even modern sporting pistols?

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SB 281/Chapter 427 is quite explicit: Nobody is required to have a Handgun Qualification License to purchase an antique handgun, or a "curio, or relic firearm, as defined in Federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives."

I'll address the "antique" exception below.

The SB 281/Chapter 27 "curio/relic" ("C&R") exception has nothing to do with the Federal Firearms License 03 (Collector of Curios & Relics). The SB 281/Chapter 427 exception is for a class of handguns, not a class of persons.

In other words, your federal C&R license has no bearing at all on a handgun transfer that you conduct within the borders of Maryland, either now or after October 1. Any further discussion of your C&R license in this context is only going to muddy the water further, because it has nothing, nothing, to do with the exception in SB 281/Chapter 427. SB 281/Chapter 427 says nothing about C&R licenses, with respect to transfers, and neither do the regulations.

The exception in SB 281/Chapter 27 applies to a class of handguns, and any person can claim this exemption if he or she is acquiring a handgun that qualifies for the exception. It is that simple. This merely exempts the transaction from the requirement for a Handgun Qualification License (HQL). All of the other requirements -- waiting period, etc. -- continue to apply.

In other words, after October 1, buying a C&R-eligible handgun in Maryland will require all the same steps that are required to transfer a handgun in Maryland on September 30. The only thing that won't apply is the new HQL requirement.

A handgun can become a curio/relic in one of two ways under federal law. First, a firearm automatically becomes C&R 50 years to the day after it is manufactured, if it is still in its original configuration (i.e., if it hasn't been rebuilt is some substantial way) -- this is what is meant by "defined in federal law," and for shorthand can be referred to as "the 50-year rule." The C&R status adheres to the individual firearm (the serial-numbered frame or receiver), not to the entire model. (For example, if a given model was manufactured from 1957 through 1970, only the 50-plus examples are C&R eligible.

Second, the federal ATF accepts requests to make "determinations" that specific models should be classified as C&R, because they meet certain criteria regarding historic interest to collectors and so forth, even if they are less than 50 years old. Those that ATF approves are added to lists that are issued at infrequent intervals by the ATF. The process and list are a bit similar to the way the Handgun Roster system works in Maryland, but the ATF lists are updated far less frequently.

The 50-year rule is by far the most important of these two routes to C&R status. Most of the guns on the ATF special-determination lists are of interest only or primarily to gun collectors. However, there are certain cases in which the ATF special-determination lists are useful. For example, the classic Colt Woodsman .22 pistol, in all its variants, was determined by ATF to be C&R eligible, up through the final year of manufacture, which was 1978.

After October 1, if someone wishes to purchase a C&R-defined handgun within Maryland, he will check off a box claiming the HQL exemption on the 77R transfer form. He will be required, of course, to provide all of the usual information on manufacturer, serial number, etc., and the Maryland State Police will use that information to review the C&R eligibility, to the extent they think necessary. Again, all of the other handgun-transfer requirements -- the waiting period, and so forth -- continue to apply. The exception only applies to the requirement for a HQL.

The term "antique" refers to an entirely different class of handguns. Federal law and Maryland law actually define "antique" a bit differently, and it is not entirely clear which definition is being applied here, although I would say it is the federal definition. Anyway, there are very few cases in which it makes any difference which definition they use. To oversimplify a little, again, this exception basically applies to muzzleloaders, and also to handguns that were actually manufactured before 1899. It does NOT apply to replicas of old guns, if they fire currently available fixed cartridges. Transfer of "antique" handguns has not been regulated in Maryland in the past, so the exception for "antique" handguns is of little importance here.

crowleycr said:

I am reading this monstrosity and in the HQL section it says ...

I have a C&R. I think i qualify under B3. I could be reading this wrong but does this exemption only apply to C&R purchases or can it be generally applied across the board to all pistols? Even modern sporting pistols?

I also see this as creating different classes of citizenship were some citizens have to pay for the right to enjoy the 2A. Those who served and those who haven't. those who are retired LEO's and those who aren't. We are all civilians so I am wondering wtfo?

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I'm certain it will be interpreted to only apply to C&R handguns ... as to different classes of citizens (which is in a different part of the act than quoted) ... it extends the class, but it does not create it. I do not know if a challenge to it could be successful even though this idea has been on my mind since April.

Mark75H said:

as to different classes of citizens (which is in a different part of the act than quoted) ... it extends the class, but it does not create it.

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The C&R exception in SB 281/Chapter 427 has nothing to do with any particular "class of citizens." Again, it is an exception for a category of firearms, and SB 281/Chapter 427 defines that category of firearms by using the definitions of C&R that are found in federal law. It is that simple. It has nothing to do with FFL 03 licenses.

The C&R exception to the HQL requirement can be claimed by any person, including any person who has never before owned a regulated firearm, as long as the handgun in question meets the federal definition of a C&R firearm (the 50-year rule) or has been otherwise determined to be C&R qualified by the ATF.

ddeanjohnson said:

The C&R exception in SB 281/Chapter 427 has nothing to do with any particular "class of citizens." Again, it is an exception for a category of firearms, and SB 281/Chapter 427 defines that category of firearms by using the definitions of C&R that are found in federal law. It is that simple. It has nothing to do with FFL 03 licenses.

The C&R exception to the HQL requirement can be claimed by any person, including any person who has never before owned a regulated firearm, as long as the handgun in question meets the federal definition of a C&R firearm (the 50-year rule) or has been otherwise determined to be C&R qualified by the ATF.

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I am to pay fifty bucks to the State (for the children) for my rights. I am trying to understand the rest of the expenses I will incur to reside in this fine land if I am to acquire a new Pistol.

Is it true that HQL training is not required for citizens of the United States of America that already own pistol's? Its kind of the same idea, of already doing something so i am exempt from part of the law.