After 01-Oct, storing a banned firearm?

[johnkn]

After 01-Oct, can a non-MD resident store a MD banned firearm in my safe in my MD residence (legally)?

 

[Brooklyn]

After 01-Oct, can a non-MD resident store a MD banned firearm in my safe in my MD residence (legally)?

Short answer no. You will be in possession. And do not ask any clarifying questions in public. The rules for no residents is basically the same except they need to register and prove ownership to do so.


You may need legal advice. We can not give legal advice. Call an atty if you need advice.

 

[dblas]

Short answer no. You will be in possession. And do not ask any clarifying questions in public. The rules for no residents is basically the same except they need to register and prove ownership to do so.


You may need legal advice. We can not give legal advice. Call an atty if you need advice.

Not entirely true.

So long as it is grandfathered, there shouldn't be an issue. And since the non-MD resident is not becoming a resident, there is no requirement for them to register their firearm. Put it this way, treat this the same way as a non-MD resident bringing their grandfathered firearm to/from the state to shoot. According to the law, so long as the possessed it before Oct 1, they are allowed to transport the firearm legally.

 

[fabsroman]

Here is the exception that allows us to continue to possess an assault weapon after September 30th:

(3) A PERSON WHO LAWFULLY POSSESSED, HAS A PURCHASE ORDER FOR, OR
COMPLETED AN APPLICATION TO PURCHASE AN ASSAULT LONG GUN OR A
COPYCAT WEAPON BEFORE OCTOBER 1, 2013, MAY:

(I) POSSESS AND TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON; OR

(II) WHILE CARRYING A COURT ORDER REQUIRING THE SURRENDER OF THE ASSAULT LONG GUN OR COPYCAT WEAPON TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON DIRECTLY TO THE LAW ENFORCEMENT UNIT, BARRACKS, OR STATION IF THE PERSON HAS NOTIFIED THE LAW ENFORCEMENT UNIT, BARRACKS, OR STATION THAT THE PERSON IS TRANSPORTING THE ASSAULT LONG GUN OR COPYCAT WEAPON IN ACCORDANCE WITH A COURT ORDER AND THE ASSAULT LONG GUN OR COPYCAT WEAPON IS UNLOADED.

Did the OP possess the assault weapon before October 1, 2013? If not, then he cannot possess it after October 1, 2013.

Who knows what the definition of possession is?

I think the bigger question is whether we can loan an assault weapon to somebody after September 30th, and I believe the answer is no. Storing an assault weapon in a friend's safe after October 1, 2013 in Maryland is also against the law for the person storing it. So, anybody that is found to be a habitual drunkard will have to sell their assault weapons unless they can find somebody outside of Maryland to hold them for a year.

 

[fabsroman]

Not entirely true.

So long as it is grandfathered, there shouldn't be an issue. And since the non-MD resident is not becoming a resident, there is no requirement for them to register their firearm. Put it this way, treat this the same way as a non-MD resident bringing their grandfathered firearm to/from the state to shoot. According to the law, so long as the possessed it before Oct 1, they are allowed to transport the firearm legally.

I think you are wrong. If it is grandfathered, it is only grandfathered for the person that possesses it on September 30th, not anybody he/she decides to loan it to.

The gist of the law is if a person possesses an assault weapon before October 1, 2013, that person may continue to transport and possess said assault weapon. Nothing in there about letting a buddy borrow it or store it at their house in Maryland.

 

[mr phil]

So . If I want to go to a range and get stopped. Am I going to need to prove that I possessed the firearm before OCT 1st. And what type of proof will I need. Am I supposed to carry around the sales receipts? What if I don't know where my receipt are ?

 

[Vile Shadow]

Not entirely true.

So long as it is grandfathered, there shouldn't be an issue. And since the non-MD resident is not becoming a resident, there is no requirement for them to register their firearm. Put it this way, treat this the same way as a non-MD resident bringing their grandfathered firearm to/from the state to shoot. According to the law, so long as the possessed it before Oct 1, they are allowed to transport the firearm legally.

Well, here's the problem.

It's a legal gun if it was legally purchased, but only legal for YOU to have it, not anybody else.

Now, if my father and I are at the range and I let him shoot my SP1, that may not be kosher either. But the chances of that becoming an issue are infinitessimal.

 

[TxAggie]

After 01-Oct, can a non-MD resident store a MD banned firearm in my safe in my MD residence (legally)?

My question is: why would anyone from out of state WANT to bring a firearm here? We don't have that many competitions, and the options for using an AR-15 in any clambering for hunting in this state are very limited.

 

[cantstop]

I'm not sure why the paranoia here. No one is going to search your home for a banned gun, unless you are on criminal probation. I'm assuming, you want to lock up a friend's gun while he visits you or is in town visiting other friends.

If you're discussing that you have a friend willing to make a straw purchase for you to get around MD SB-281, you are both committing a felony.

Of course, IANAL.

 

[mr phil]

[Quote ] If you're discussing that you have a friend willing to make a straw purchase for you to get around MD SB-281, you are both committing a felony.


Where did that come from ?

 

[Ranchero50]

This is all just more ammunition for the lawsuit. The grandfathering clause is going to make it difficult to enforce and more difficult for citizens to understand.

 

[johnnyb2]

CHOOT EM!!! JUST GO AND CHOOT EM!!! :-)

 

[Markp]

After 01-Oct, can a non-MD resident store a MD banned firearm in my safe in my MD residence (legally)?

Only if they possessed it legally before 1 Oct 2013 would be my guess... This is such a freaking mess. You can't make this shit up... definition of "legally possessed" is anyone's guess. Does that mean that "assault weapons" transported by common carriers are "illegally possessed", what about gunsmith's who are not licensed dealers, or family members?

This law is full of stupidity and fail.

 

[fabsroman]

So . If I want to go to a range and get stopped. Am I going to need to prove that I possessed the firearm before OCT 1st. And what type of proof will I need. Am I supposed to carry around the sales receipts? What if I don't know where my receipt are ?

It all depends on the officer that stops you, where you have the firearms stored in the vehicle, what questions the officers asks you, and how you respond to those question. At this point, I have no idea what basis they are going to use to charge people with possessing a banned firearm. Just remember that in court the burden is on the state to prove that you possessed banned firearms that were not grandfathered in.

 

[Markp]

It all depends on the officer that stops you, where you have the firearms stored in the vehicle, what questions the officers asks you, and how you respond to those question. At this point, I have no idea what basis they are going to use to charge people with possessing a banned firearm. Just remember that in court the burden is on the state to prove that you possessed banned firearms that were not grandfathered in.

And the financial burden of the defense is on you...

 

[OrbitalEllipses]

And the financial burden of the defense is on you...

All it takes is one person willing to spend it and take it all the way in order for us to get a landmark case.

 

[clandestine]

Only if they possessed it legally before 1 Oct 2013 would be my guess... This is such a freaking mess. You can't make this shit up... definition of "legally possessed" is anyone's guess. Does that mean that "assault weapons" transported by common carriers are "illegally possessed", what about gunsmith's who are not licensed dealers, or family members?

This law is full of stupidity and fail.

Gunsmiths are legally bound to have a FFL, but I don't know if this Law requires the Gunsmith to be a S.O.T./07 FFL in order to possess "Banned" Items. The Law allows Dealers to possess before October 1, but I believe only Manufacturers are exempt to receive "Banned" rifles, post October 1. Its unclear to me how this will effect Gunsmiths.

You are 100% correct, the Law is chock full of stupid.

 

[Ungermc]

You could fertilize all the farmland in America with the ******** from this State!

 

[fabsroman]

You could fertilize all the farmland in America with the ******** from this State!

Probably South America and Russia too.

 

[Markp]

Gunsmiths are legally bound to have a FFL, but I don't know if this Law requires the Gunsmith to be a S.O.T./07 FFL in order to possess "Banned" Items. The Law allows Dealers to possess before October 1, but I believe only Manufacturers are exempt to receive "Banned" rifles, post October 1. Its unclear to me how this will effect Gunsmiths.

You are 100% correct, the Law is chock full of stupid.

I was under the impression one could do work as a gun smith without an FFL. Perhaps I am incorrect. Do you have an FFL, Chad?

Additionally, how does the process work in MD on unregulated weapons vs regulated weapons in MD.

Here is an example, Homer (not his real name) hangs out a shingle offering gunsmith work in his free state (we'll pretend it's Maryland). He only works on unregulated weapons for now and he only works on weapons from Maryland state residents. He does things like installing scopes and other accessories (triggers, stock sets, etc). Why would he need an FFL?

10/1/2013 comes along, and his customers who had him work on previously unregulated weapons (which are now copycat weapons) want him to do some more work on these firearms. How does he go about staying in business.

I ask, because, seriously, I don't know... He would not have had to been an FFL prior to 10/1/2013 to be a gunsmith from what I can tell, or at least that used to be the way it worked for a while.