Individuals cannot ask for AG opinions. A member of the GA or MSP must do it on your (or our) behalf.
Smiegel!Individuals cannot ask for AG opinions. A member of the GA or MSP must do it on your (or our) behalf.
If we have misplaced our letter hat we were approved our designation where can we get a duplicate?
With all of the scuttlebutt in this post about what makes you bona fide or not, had anyone called MSP or the AG's office for a clarification on the matter? I would be of the opinion that since it is MD law that makes the quote/statute, and MD law has a designation for designated collector, that it would go without question that obtaining this status would most certainly comply or jive with the statutes revolving around ( designated collector) I would not rely on having a C and R and said designation, as this is a Federal designation, and it is a State law being examined. State law, State designation as collector. Seems to be consistent. Having a C and R in addition to the State designation would only add to ones claim of being bona fide, but I would not rely on the C and R alone.
We should get written clarification from MSP and Dougie, as he is more co operative than MR. Frosh is going to be.
Why not take a Labrador Retriever along, and claim you're going to a dog obedience class?
The only reason for the existence of the Designated Collector status is to allow Marylanders to purchase more than one regulated firearm a month. It has nothing to do with transporting firearms.
Maryland law does have that phrase legitimizing the transport of handguns by "bona fide collectors" going to or from a "public or private exibition". (Quotations from memory, caveat lesor.) It does not define "bona fide collector".
"Bona Fide Collector" is going to be determined on a case-by-case basis, by the presentation of sound arguments establishing not only your status as a genuine collector, but the legitimacy of the private exibition you claim you were going to. Bona Fide means Good Faith. The court will want to see evidence that you were acting in Good Faith. If it appears that you were trying to "game the system" I doubt it will go well for you.
Whether or not you are a bona fide collector is a matter for your lawyer to argue before the judge. Your lawyer will base his argument on the strongest ground he can find. I think a Federal Collector's License (03 FFL, C&R) would strengthen your case. A Designated Collector's letter couldn't hurt, but I seriously doubt it would help much, even if you could get one. (A non-resident would have no need of one- can't buy regulated firearms in MD- it's only purpose.)
On the other hand, a court of law may determine that you are indeed a bona fide collector even if you have neither a C&R license nor a Designated Collector letter.
Indeed I suspect your lawyer would need more than either. If I were a prosecutor looking to nail your ass, I would demand evidence of genuine collecting activity, and recognition as a collector by other collectors. "Tell me about your client's collecting activity." "Tell me about this so called 'private exibition' your client claims he was going to." "Was your client transporting display cases, tables, anything to facilitate his exibition?" "I notice your client was transporting 400 rounds of ammunition. Isn't ammunition normally prohibited at an exibition?"
I'm really sorry to bust anyone's bubble, but if any of us goes before an anti-gun Maryland judge and tries to argue, "I was going to stop by my friend Joe's house and show him my new Glock. I have this letter that says I'm a Designated Collector, and Joe's house is a private exibition." ... well, I don't think it will work.
Designated Collector status is not a Get-Out-Of-Jail-Free card. It doesn't automatically make you a Bona Fide Collector, whatever the hell that is.
No matter what your defense is, you're best letting your lawyer make the argument. In this case, I think your best defense is the simple truth. You are on your way to or from informal target practice. Perfectly straightforward. You have your range bag, targets, 400 rounds of ammunition, and related equipment to back up your claim. You can explain where you were going to shoot ("In back of Joe's barn" could be perfectly acceptable, if Joe's pasture is a safe shooting area.)
I see no problem with that. You can make a very, very strong argument that you are indeed a Bona Fide target shooter, going to or from bona fide informal target practice. You can present evidence to that effect. You are an honest upstanding citizen with a clean record. You are not trying to "game the system," with some silly contrived clap trap about a "Designated Collector" letter.
Just be honest. Tell the truth. Heck, if you're up front about it, the cop-on-the-side-of-the-road might even send you on your way with a smile and a wave. He might talk your ear off for five minutes about guns. But if you come across like you're trying to put something over on him, he's likely to run you in and let the judge decide.
Don't be this guy:
I was like cruisin' throo Rockville las' week 'n got pulled over by a Montgomery County cop (53 in a school zone,like, wuzzup wid dat?) 'n when ma Lorcin slid out frum unnera seat, like, he went all DEFCON 5 on me like, 'n I'm like Chill Dood, jus' chill! cuz I got this letter sez I'm A Maryland Designated Collector transporting all or part of my collection to a public or private exibition, n he's like whoa Dude I didn't know, man Thanx for clearing that up for me I never knew that about the law Thanx man sorry I almost shot u I'm glad u set me straight 'n he turned out to be a pretty cool dude 'n he let me off sorta
'ceptin he gimme 750 dollar ticket 'n 4 points like wuzzup wid dat MoFo MoCo...
http://www.mdshooters.com/showpost.p...&postcount=167
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Notarized and in the mail today!!
Nice, they have to know who to hit up first when they come to confiscate them. I just submitted mine yesterday.
Nice, they have to know who to hit up first when they come to confiscate them. I just submitted mine yesterday.
You make a lot of good points. It is just my opinion that the MD designated collector status would render one a ( bona fide ) collector as you have a document from the State who is telling you that if you are a ( bona fide ) collector you may do this, that and the other that you are a designated collector. That is a credential,which supports good faith, and makes your status as a collector in the state, pretty official. Again, you make many great points, and I am sure no one on the forum wants to use it as a ( test case ) affirmative defense, but would much prefer to be able to resolve the matter, if it came up, at the side of the road where you were pulled over by the peace office.If it ever comes up, I expect it to be decided on a case by case basis, possibly in court, possibly in a smoke filled office somewhere.
You will never, never, never, never get any binding clarification from the AG. That would defeat the entire purpose. Don't you see? They'll never tie their own hands like that.
Many, many points of law are deliberately left undefined. That's not just a gun thing, and not just a Maryland thing. These undefined, unsettled points allow flexibility in dealing with individual cases or unforeseen circumstances. They also provide job security for lawyers. All those gray areas are the playground of the lawyers.
I strongly suspect the provision was added to the law in a circumstance like this:
>The transport law was proposed and introduced.
>During the debate, someone pointed out that guns are sometimes used in dog obedience classes. "Okay, okay. We'll put something in there about dog obedience classes."
>Then it was pointed out that collectors need to be able to transport their collections for exhibit.
"Well, okay, but how can we tell it's a legitimate collector? We definitely don't want Joe Schmoe just driving around with a .45 claiming he's going to an exhibit. That is exactly what this law is intended to put a stop to."
"Oh, no, nothing like that. I'm talking about legitimate, bona fide collectors."
"Well, maybe... but only for bona fide collectors..."
Remember, this law was enacted many, many years before the "one gun a month" law, with it's "Designated Collector" exemption.
If I were a prosecutor looking to nail your ass, I would demand evidence of genuine collecting activity, and recognition as a collector by other collectors. "Tell me about your client's collecting activity." "Tell me about this so called 'private exibition' your client claims he was going to." "Was your client transporting display cases, tables, anything to facilitate his exibition?" "I notice your client was transporting 400 rounds of ammunition. Isn't ammunition normally prohibited at an exibition?"
I'm really sorry to bust anyone's bubble, but if any of us goes before an anti-gun Maryland judge and tries to argue, "I was going to stop by my friend Joe's house and show him my new Glock. I have this letter that says I'm a Designated Collector, and Joe's house is a private exibition." ... well, I don't think it will work.
Designated Collector status is not a Get-Out-Of-Jail-Free card. It doesn't automatically make you a Bona Fide Collector, whatever the hell that is.
Bona Fide means Good Faith. The court will want to see evidence that you were acting in Good Faith. If it appears that you were trying to "game the system" I doubt it will go well for you.
Yes, it was your former advice on same that made me think of Herb, he is my delegate.You're on the right track. Only a member of the GA or MSP can ask for an AG opinion AFAIK.