Potential MD resident from MA

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  • MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,768
    Are you sure about that? I have not heard that, and it would seem to go against COMAR and the Code.



    An out of stater is not purchasing, renting, or receiving a handgun, so no HQL should be necessary. Again, what is the penalty for failing to register when moving into the state?

    You are right about not needing the HQL, but he does have to register his frearms. Here is the text:

    5–143.

    4 (A) (1) A PERSON WHO MOVES INTO THE STATE WITH THE INTENT OF
    BECOMING A RESIDENT SHALL REGISTER ALL REGULATED FIREARMS WITH THE
    SECRETARY WITHIN 30 90 DAYS AFTER ESTABLISHING RESIDENCY.
     

    Scott7891

    Love those Combloc guns
    Sep 4, 2007
    1,894
    Back in MD sadly
    These new laws are like the ACA... "We need to pass it to find out what's in it," but nobody knows yet...

    FantasticTapatalk

    It has been like this even before the new laws took effect. You call up the MSP three times and you will get three different answers. For some reason liberals especially in this state think that cops are all "gun experts" therefore they should be the ones to interpret as well as enforce these laws (see COMAR). So when a cop has a negligent discharge they automatically assume that if a cop messes up then we mere citizens without their "super training" must be more prone to accidents so we definitely can't be trusted.

    This is where a lot of their logic comes from.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    You are right about not needing the HQL, but he does have to register his frearms. Here is the text:

    5–143.

    4 (A) (1) A PERSON WHO MOVES INTO THE STATE WITH THE INTENT OF
    BECOMING A RESIDENT SHALL REGISTER ALL REGULATED FIREARMS WITH THE
    SECRETARY WITHIN 30 90 DAYS AFTER ESTABLISHING RESIDENCY.

    I know what the law states. I am asking, what is the penalty for breaking that portion of the law?

    where governing statute contained no penalty provision and had no related penalty, the act of obliterating, removing, changing or altering the manufacturer's identification mark or number on a firearm was not a crime.

    Evans v. State, 23 A.3d 223 (Md. 2011)

    If there is no penalty, it isn't a crime. There is an argument that Public Safety 5-144 applies. 5-144 provides that:

    (a) Except as otherwise provided in this subtitle, a dealer or other person may not:
    (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle;
    .......
    MD PUBLIC SAFETY § 5-144

    Would failing to register your firearms in accordance with 5-143 be knowing participation in the illegal possession of a regulated firearm? Maybe, maybe not, because the possession is legal (pre-10/1 firearm) within the state of MD. 5-142 states that a person must register firearms that are legally possessed, but fails to provide a penalty within that section, or state that failure to register renders possession illegal. I think this is a close one.

    I would still recommend registering firearms, however.
     
    Last edited:

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,734
    Gaithersburg, Maryland
    Ah, this is helpful.



    Now, if only someone could convince my girlfriend to consider VA instead... problem is she works in DC and VA could make her commute terrible.



    (and no, i won't be getting a new girlfriend.. the guys at the SigTalk forum suggested that plenty)


    Move to Virginia. My sister lives in Virginia and commutes to Maryland. I used to love in Virginia and I commuted to Maryland. Then I got married and we moved to 5 minutes from my wife's office in Maryland, it hAs cost us several tens of thousands of dollars these past 20 years.

    You need to run the numbers and figure out how much more it is going to cost each of you to live in Maryland vs. Virginia. Twenty years ago my weekly pay dropped $50 per week, my auto insurance doubled but I didn't have to pay personal property tax on my car and my fuel costs went down. I would have been better off staying in Virginia and commuting to Maryland

    Even toddy it takes me about 40 minutes to drive 12 miles from home to work and then another 30 minutes to get home and it is all in the same county.

    Good luck.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,493
    Westminster USA

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    smkranz

    Certified Caveman
    MDS Supporter
    Feb 21, 2013
    4,394
    Carroll County
    Howdy. If you do move, join the fight.

    www.marylandshallissue.org
    .
    .

    Thank you.

    Please do move to Maryland. Every time this question comes up, there's a cacophony of posts telling people to stay out of Maryland. I don't get that…I say we should answer the OP's question but stop trying to dissuade gun owners from moving here. They generally already know the landscape here, and we need the voters. Yeah, we have sh!tty gun laws, and high taxes, and almost as big a nanny-state as there is anywhere. But we have good beer. And this cool forum.
     
    Last edited:

    architect323

    Member
    Jan 7, 2014
    26
    Thank you.

    Please do move to Maryland. Every time this question comes up, there's a cacophony of posts telling people to stay out of Maryland. I don't get that…I say we should answer the OP's question but stop trying to dissuade gun owners from moving here. They generally already know they landscape here, and we need the voters. Yeah, we have sh!tty gun laws, and high taxes, and almost as big a nanny-state as there is anywhere. But we have good beer. And this cool forum.

    Massachusetts already has Shitty Gun Laws; high taxes and is a nanny state, so, it's almost a status quo, no?

    And actually, the junior Senator from my current state is a resident of yours. So, there ya go.

    Tell me more about the "good beer" you have... Good Beer is my thing. I LOVE good beer.
     

    bpm32

    Active Member
    Nov 26, 2010
    675
    Thank you.

    Please do move to Maryland. Every time this question comes up, there's a cacophony of posts telling people to stay out of Maryland. I don't get that…I say we should answer the OP's question but stop trying to dissuade gun owners from moving here. They generally already know they landscape here, and we need the voters. Yeah, we have sh!tty gun laws, and high taxes, and almost as big a nanny-state as there is anywhere. But we have good beer. And this cool forum.

    +1

    The alcohol laws are wonderfully screwy here. I was apoplectic with rage after I found out you couldn't buy beer at the grocery store, but then I realized there was a "no chain stores" liquor law. That means that all the liquor stores are mom and pop, which in turn means that consistent pricing is very difficult, and--just follow me here a little more here--that means that you can find $100 price variations on good bottles of Scotch.

    So, if you enjoy a drink from time to time and know how much booze usually costs, you can find some great deals, unlike VA, which has a state monopoly.
     

    Jim Sr

    R.I.P.
    Jun 18, 2005
    6,898
    Annapolis MD
    Greetings everyone.

    I am currently a Massachusetts resident, and gun owner; there is a high probability that I could be relocating to Maryland in 2014.

    At this time, I own three handguns: Ruger SR22, Sig Sauer p239 9mm, and Sig Sauer 1911 Stainless.

    I am a member of the NRA and GOAL (Gun Owner's Action League of Massachusetts).

    Obviously, recently enacted gun control laws has made me worry. That said, Massachusetts was previously rated a worse state for gun control than Maryland, but that rating was given before the new laws were in effect.

    So, my question to those out there that have a good grasp on the new laws, what kind of issues could I run into upon moving? If I ever want to get a long gun, should I buy one while a resident of Massachusetts?

    Thankfully, I can leave my guns in Massachusetts with a family member who is licensed, so I am prepared for a non-instantaneous transition. Trying to get information from the rest of the internet, as well as an inquiry to the MD NRA, have not been helpful.

    Any help/advice would be appreciated.
    What part of Massachusetts?

    I am from the south shore, here. (Marshfield)
     

    smkranz

    Certified Caveman
    MDS Supporter
    Feb 21, 2013
    4,394
    Carroll County
    Massachusetts already has Shitty Gun Laws; high taxes and is a nanny state, so, it's almost a status quo, no?

    And actually, the junior Senator from my current state is a resident of yours. So, there ya go.

    Tell me more about the "good beer" you have... Good Beer is my thing. I LOVE good beer.

    Pretty much anything DuClaw puts out is phenominal. I'm particularly fond of the Retribution series of barrel-aged stouts, and Colossus. Clipper City (Heavy Seas) has excellent staple beers and big specialty brews. Flying Dog beers are great. Lots of others, including Pub Dog which contract brews some of the excellent Stilwater Ales plus its own lines of basic and new-fangled brews. Brewpubs everywhere. And some homebrews to put many commercial beers to shame.
     

    Alutacon

    Desert Storm
    May 22, 2013
    1,136
    Bowie
    Hey, welcome to the forums. I too am a Ma$$hole transplant, so I can understand a lot of your concerns. One of my buds is a NRA instructor up there, so I'm "kinda' well versed" in the differences you'll see. Where are you moving from?

    "Most" of your rifles should be ok, as well as your pistols. Check out the link you saw. If you want an AR, buy it before you move. Same with 30 rd mags.

    The good news is: You can buy a Glock down here!

    The bad news is: You're going to have to give up your license/permit down here. EVERY handgun purchase is an independent review of your ability to own, and (depending on where you buy) it could take MONTHS before you're allowed to pick it up...

    the part of this quote that states if you want an AR buy it before you move is bad information. if you want to bring an AR into the state of Maryland you had to have owned it prior to 10/1/13. buying one now will do you no good. there is an exception though for HBARs--the extent of that exception is subject to debate
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,015
    I live just north of the DC line in the Takoma/Silver Spring area. I work in Foggy Bottom, which is about 8 blocks from the White House.

    I can get to work in a half hour, from the time I walk out my door to the time I walk into the job.

    I can get to Arlington, just across the river from where I work, in five minutes.

    Arlington to Silver Spring is an easy drive across your choice of bridges, up Rock Creek Pkwy to upper 16th St.

    About the only thing MD has to offer over VA is auto inspection. One-time deal, then emissions every other year. VA has, I think, 6 month inspections and personal property taxes on the vehicle, payable yearly. (I'm not sure about the details - no doubt someone from VA can step in here and get it right).

    I'd spend some time here before deciding on a place to move to, in your position. MD is not gonna lighten up in the near future, and in VA you can get a carry permit, buy what you want without hassle, and even cast a vote for something other than the state-approved Democratic candidate du jour, with the possibility that your choice might be honored.

    If this level of personal freedom is less important to you than quick access to your girlfriend, welcome to the PRM. You'll fit right in.
     

    amoebicmagician

    Samopal Goblin
    Dec 26, 2012
    4,174
    Columbia, MD
    Ah, this is helpful.

    Now, if only someone could convince my girlfriend to consider VA instead... problem is she works in DC and VA could make her commute terrible.

    (and no, i won't be getting a new girlfriend.. the guys at the SigTalk forum suggested that plenty)

    Alexandria VA is actually MUCH closer to DC than most parts of MD. Frankly, the two are so close as to be one being a suburb of the other.

    You'll still have to deal with a lot of extremely left leaning people, but you'll at least be in a state that acknowledges concealed carry by living there.

    Seriously, the commute is literally 20 mins from Alexandria to all parts of DC. It's double or more that to commute from Howard County, where most of the DC commuters live, and frankly the VA neighborhoods are nicer and cheaper (that would not have been the case if you had moved here 20 years ago, but such is life)

    No mag capacity limits, generally better people, the ability to carry, and a shorter commute, from a cheaper house.

    What's not to like?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Generally speaking, it's not a huge difference. Except for this registration crap. Massachusetts is notoriously slow in processing anything related to civilians owning firearms (e.g., LTC renewals are supposed to be responded to by the state within 40 days, but it's taking upwards of 3-6 months)... is MD like that?

    seems like the safe thing to do is call the state police and get something in writing.

    Advice from the state police will not necessarily protect you.

    5-143 PS article provides the registration of regulated firearms for new residents within 90 days. That is for you to continue to possess them legally. The text is below
    5-144 of the PS Article makes it illegal for a dealer or "other person" to "possess" (among other than things) a regulated firearm if the possession is illegal under subtitle 5. Penalty is a misdemeanor and the person is "subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both."

    5–143.
    (a)(1) A person who moves into the State with the intent of becoming a resident shall register all regulated
    firearms with the Secretary within 90 days after establishing residency.

    (2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration
    under this section.
    (b) An application for registration under this section shall contain:
    (1) the make, model, manufacturer's serial number, caliber, type, barrel length, finish, and country of
    origin of each regulated firearm; and
    (2) the firearm applicant's name, address, Social Security number, place and date of birth, height,
    weight, race, eye and hair color, signature, driver's or photographic identification Soundex number, and
    occupation.
    (c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable
    total registration fee of $15, regardless of the number of firearms registered.
    2013 Maryland Laws Ch. 427 (S.B. 281) Page 32
    © 2013


    5–144.
    (a) Except as otherwise provided in this subtitle, a dealer or other person may not:
    (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated
    firearm in violation of this subtitle; or
    (2) knowingly violate § 5–142 of this subtitle.
    (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
    not exceeding 5 years or a fine not exceeding $10,000 or both.

    (c) Each violation of this section is a separate crime.
     

    Hambone

    Active Member
    May 30, 2013
    158
    Baltimore
    wait, why can't you get a Springfield armory 1911 up there? And what is a Sig 239? Is that like a bigger 238? I noticed you said it was in 9mm.

    In Massachusetts each gun manufacturer needs to go through a certification process in order to have their guns sold there. Springfield did not want to jump through the hoops. I am originally from MA, and my dad is an avid shooter. He was pumped on his last visit to give my XDM a try, since he can not have one there.
     

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