Questions/opinions regarding SB 281

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I never said that we did not need to be concerned about the future.

    But you keep stating that this or that WILL happen. Unless you are in the MSP and can tell us that this is actually being planning, you are just guessing.

    Could it happen? Absolutely. Should be panic about it now? IMO, No. Keep an eye on things and keep working through the lawful processes.

    Do you have a background in reading laws or regulations? Basically to get this straightened out, it will have to go to court. But right now, only Bushmasters are being banned.

    And the ONE instance of the VA shop that sold some HBARs to MD residents.
     

    asdaven

    Active Member
    Oct 30, 2013
    272
    Maryland
    I never said that we did not need to be concerned about the future.

    But you keep stating that this or that WILL happen. Unless you are in the MSP and can tell us that this is actually being planning, you are just guessing.

    Could it happen? Absolutely. Should be panic about it now? IMO, No. Keep an eye on things and keep working through the lawful processes.

    Do you have a background in reading laws or regulations? Basically to get this straightened out, it will have to go to court. But right now, only Bushmasters are being banned.

    And the ONE instance of the VA shop that sold some HBARs to MD residents.

    I don't really have a criminal justice or law background. Political Science and Government yes, as well as the US Constitution and Constitutional History, yes. I've taken some college classes in these fields. But I know the nature of reading laws. Laws can be rather ambigous and can be stretched and condensed how they are used and enforced. Thats why we need courts, judges, and lawyers. I dont know much about the connection between the MD Government and the MSP. Does the MSP determine and take on its own interpretation on how the laws are enforced on the ground or does somebody else direct them what to do? Or do they do what they want and are "checked" by "test cases" in the courts and use that as a precident? Thats what I dont know. Don't know much about state or local government, just the Federal Government.

    Im not saying some immediate conspiracy is going on to outlaw all firearms and such. But I'm saying that this law could have bigger negative long term implications than a lot people are foreseeing. I mean yeah the HQL makes it a pain to get a handgun. But at least if you do what you have to do, you can get a handgun. The most criminal/unconstitutional part of SB 281 I feel is banning certain "Assault Weapons" which the state considers dangerous. While some might feel fingerprinting for handguns has signaled a major change. I think the major change is with the gun ban. To me this is where legislation has crossed the line from "gun control" to "gun prohibition". I'm not against at all "gun control" but I'm very much against "gun prohibition". And registration of firearms is kind of a grey area between these two because gun registration in history has shown to lead to gun confiscation.

    I never said I'm saying for sure this is going to happen. But its an educated guess/opinion of mine. All you have to do is look at history. Being a History major, I can tell you with almost 100% certainty that too many regulations and too powerful of government in general leads no where good for a state as a whole and the people that live there, even in the name of civility. And once a government crosses a certain point in its power over the people , it will exploit and take advantage of its own state . This is why we have the US Constitution.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    THEN STATE THAT IS A GUESS OR OPINION.

    The way it works is, the legislature passes a law.

    Then the agency responsible for enforcing that law, writes regulations based on how THEY interpret the law.

    And then they enforce the regulations (not the law directly) based on their current interpretation of the regulations.

    If it ends up in court, the court can decide on the regulation (does or does not meet the law) or the law (is or is not valid based on the constitution).

    MSP is the enforcing agency for firearms laws in MD< so they write the regulations and interpret them. With input from the AG's office.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,501
    Westminster USA
    Long gun sales out of state must comply with the law in BOTH states. That's Federal law.

    IMO if an FFL in another state doesn't follow this, he's not in compliance with the law.

    IANAL
     

    Mr H

    Banana'd
    I'm pretty sure that the law says you have to buy from an FFL in your state of residence. If you buy something in VA, it has to be shipped to a MD FFL.

    Long guns may be purchased out of state, provided they are sold in compliance of that state AND your home state. Handguns must go through an FFL in your home state.


    Don't worry too much about that...the "HBAR Exception" will be corrected soon in this state.

    I'd hope you'll be fighting alongside us to see that this (and other things) won't happen.
     

    RedWolf762

    Active Member
    Jan 18, 2013
    159
    Freedom
    Long guns may be purchased out of state, provided they are sold in compliance of that state AND your home state. Handguns must go through an FFL in your home state.




    I'd hope you'll be fighting alongside us to see that this (and other things) won't happen.

    From my perspective, the only way we can stop the erosion of our 2nd Amendment rights in this state is to make sure we "throw out the trash" in this upcoming election. Even then, the battle will be far from won. Given that we are successful in November, we will then have to take to the airwaves of talk radio and to the print of newspaper editorials and make it well known who kicked the bums out and why.
     

    asdaven

    Active Member
    Oct 30, 2013
    272
    Maryland
    I'm pretty sure that the law says you have to buy from an FFL in your state of residence. If you buy something in VA, it has to be shipped to a MD FFL.



    Don't worry too much about that...the "HBAR Exception" will be corrected soon in this state.

    Well not if Its unregulated in Maryland and not a handgun , then you can buy it in whatever state you want without shipping it to an FFL. The only case this would apply is if you wanted to buy a handgun in another state, you'd have to send it to an FFL in Maryland then transfer it there. "Assault long guns" are all banned now. And for the HBAR exception I can see them taking four possible courses of action. Contiinuing to allow the status quo, banning all ARs, restricting it to Colt Sporters only, or requiring a MD compliant version where they weld the lower and upper recievers together so you cant change the upper. Kinda like CA welding in fixed 10 round mags into AKs.

    Does anybody know if theyres been any Supreme Court cases dealing with state bans on certain types of firearms? Other than the recent DC and Chicago cases? The 2nd amendment specifically says, The Right to Bear Arms Shall not be infringed......of course with the exception of felons and the mentally unstable. Personally, I'm for "gun control" in its literal sense like enforcing our current laws better. More stringent background checks, US citizen, age, etc etc. Basically policies to prevent those who shouldnt have guns from getting them. Now what "gun control" was ......the left has turn the definition of that into "gun prohibition" and registration. "Gun control" is Constitutional because it still allows those who are qualified to get firearms to purchase firearms. "Gun prohibition" is not . Its denying innocent people their 2nd Amendment right. And registration just screams keeping a close eye on people just cause they purchased a firearm and if we decide to ban possession of these firearms, we know who's houses to goto to take them. And well registering firearms could be argued that it helps the police determine if a suspect they are looking for is armed or not. Well if they stole or borrowed somebody elses gun or bought one illegally on the black market........they're armed and dangerous regardless if whether they have a registered gun or not. Most criminals ARENT going to register a firearm because they know it can be tracked to them. So whats the point? And if we have the HQL license now in Maryland , why do people still have to go through the regulated process/investigating and registration everytime they buy a handgun? The HQL should be your pass that your qualified to buy a handgun. If a person with an HQL commits a crime or otherwise disqualifies themself from buying a firearm, then void the license.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Well not if Its unregulated in Maryland and not a handgun , then you can buy it in whatever state you want without shipping it to an FFL. The only case this would apply is if you wanted to buy a handgun in another state, you'd have to send it to an FFL in Maryland then transfer it there. "Assault long guns" are all banned now. And for the HBAR exception I can see them taking four possible courses of action. Contiinuing to allow the status quo, banning all ARs, restricting it to Colt Sporters only, or requiring a MD compliant version where they weld the lower and upper recievers together so you cant change the upper. Kinda like CA welding in fixed 10 round mags into AKs.

    Does anybody know if theyres been any Supreme Court cases dealing with state bans on certain types of firearms? Other than the recent DC and Chicago cases? The 2nd amendment specifically says, The Right to Bear Arms Shall not be infringed......of course with the exception of felons and the mentally unstable. Personally, I'm for "gun control" in its literal sense like enforcing our current laws better. More stringent background checks, US citizen, age, etc etc. Basically policies to prevent those who shouldnt have guns from getting them. Now what "gun control" was ......the left has turn the definition of that into "gun prohibition" and registration. "Gun control" is Constitutional because it still allows those who are qualified to get firearms to purchase firearms. "Gun prohibition" is not . Its denying innocent people their 2nd Amendment right. And registration just screams keeping a close eye on people just cause they purchased a firearm and if we decide to ban possession of these firearms, we know who's houses to goto to take them. And well registering firearms could be argued that it helps the police determine if a suspect they are looking for is armed or not. Well if they stole or borrowed somebody elses gun or bought one illegally on the black market........they're armed and dangerous regardless if whether they have a registered gun or not. Most criminals ARENT going to register a firearm because they know it can be tracked to them. So whats the point? And if we have the HQL license now in Maryland , why do people still have to go through the regulated process/investigating and registration everytime they buy a handgun? The HQL should be your pass that your qualified to buy a handgun. If a person with an HQL commits a crime or otherwise disqualifies themself from buying a firearm, then void the license.

    I hope you don't think they need our help;)

    BTW if you do that how do you clean the gun?
     

    Mr H

    Banana'd
    From my perspective, the only way we can stop the erosion of our 2nd Amendment rights in this state is to make sure we "throw out the trash" in this upcoming election. Even then, the battle will be far from won. Given that we are successful in November, we will then have to take to the airwaves of talk radio and to the print of newspaper editorials and make it well known who kicked the bums out and why.

    November is far, far too late.

    This has to happen beginning now!

    The GA has to be alerted that people will be watching intently, and ready to act during the session, and in the primaries.

    My email to the GA membership today is already raising some eyebrows. Not many yet, but it's starting. We need thousands upon thousands of people to speak up for ALL their rights, and turn things on thir ear.

    Communication with the Critterati is step 1. 2ATuesday is step 2. Continual presence throughout the session is step 3.

    THEN we assess the results and gear up for the primaries. Taking back this state IS possible... but it will take all of us, confident and vocal, to make it happen.
     

    asdaven

    Active Member
    Oct 30, 2013
    272
    Maryland
    Not just the state but we need to take back the country. Vote them all out in the state government and the federal government. What worries me is yeah states like CA and NY have been kinda radical with the legislation they pass.....so it dosent surprise me they have strict gun laws. But Maryland has kind of been a middle of the road and now its turned radical and also driven all the Maryland buisness out to Virginia. Thats why Virginia welcome signs say "Open for Business". The more states that pass strict gun legislation , the more likely adjacent states are to do so too. And as long as we have radicals in the federal government , that will influence gun legislature and proactively assist enforcement through the ATF states that have excessive gun laws. Under another administration, the ATF could say well your law isn't federal law, we re only here to enforce federal law and not assist. I don't think we have to worry about Federal firearms bans as much as long as opposition remains in Congress. But state gun bans could potentially sweep the entire country state to state in a domino effect just like Communism in the Cold War. We need to make sure these strict gun control laws and bans stay isolated with only a few radical states in the Union and not become a majority thing. And continue to fight ours in Maryland. In addtion, being public about opposition and giving a bad rap to draconian gun control measures will help discourage other states from doing this. After all, we can still go to Virginia and get full capacity magazines. Dont want our neighbor to turn like us.
     

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