ROBAR35
Living the farm life
The new Maryland gun control legislation is a trap for the unwary law abiding citizen.
Date Posted: Monday, April 15, 2013
*****On April 9, 2013, Governor Martin O’Malley signed into law one of the most blatant violations of the 2nd Amendment in the history of this country.* The law amends over 60 pages of the Maryland code and is extremely complicated.* The law goes into effect on October 1, 2013. *The purpose of this article is to briefly summarize the portions of the law that affect the average citizen. Please note that I use the term “assault weapon” only because that is the defined term used by the legislature and not because I believe that term accurately describes these firearms.*
**** ASSAULT WEAPONS ARE BANNED AS OF OCTOBER 1, 2013.
**** The new law bans the possession, sale, offer for sale, transfer, purchase or receipt of an assault weapon after October 1, 2013.* The term “assault weapon” includes all guns that meet the statutory definitions of “assault long guns” or “copycat weapons.”* Examples of “Assault Long Guns” include AK-47 and AR-15 style rifles.* The term “Copycat Weapon” includes:*
A semi-auto centerfire rifle that accepts a detachable magazine and includes any two of the following features: 1. A folding stock; 2. A grenade or flare launcher; 3. A flash suppressor;
A semi-auto centerfire rifle with a fixed magazine with a capacity of more than 10 rounds;
A semi-auto centerfire rifle with an overall length of less than 29 inches;
A semi-auto pistol with a fixed magazine that can accept more than 10 rounds.;
A semi-auto shotgun with a folding stock; or
A shotgun with a revolving cylinder.*
*
**** EXEMPTIONS TO THE BAN
**** So long as you lawfully possessed your assault weapon prior to October 1, 2013, you may keep it. You may receive a legally owned an assault weapon through inheritance.* Other exemptions apply for law enforcement personnel and for licensed dealers in certain situations.* Consult an attorney for more details because, after October 1, 2013, any assault weapon is presumptively illegal under Maryland law, so you need to make sure you fall within an exemption.*
**** TRAPS FOR LAW ABIDING CITIZENS
**** As most law abiding gun owners know, gun control does not prevent gun violence, it simply attempts to turn law abiding gun owners into criminals so that the state can confiscate their firearms.* Here are a few examples of how this legislation is designed to trap the unwitting gun owner:
**** The Gunsmith Trap:* One sunny afternoon you are out shooting and your AR-15 malfunctions and try as you might you cannot correct the problem.* You call your local gunsmith and drive over to his place of business or home and deliver your rifle to him.* While you might not have actually “transferred” your firearm to the gunsmith, he certainly “received” it and he certainly has “possession” of it.* Under section 4-304 of the Public Safety Article, law enforcement may seize and dispose of YOUR rifle because the gunsmith illegally possesses it.* The code exempts transfers for repairs of assault weapons owned by law enforcement, but not civilians and this was clearly intended to let your assault weapons die off over time without a source for repair.*
**** The Hunting Trip Trap:* You decide to finally take that pig hunting trip out of state and you bring your AR-Type .223 rifle with you.* As soon as your rifle leaves the state it cannot legally come back.* Section 4-303 makes it a crime to transport an assault weapon into Maryland.* Your rifle is now subject to seizure under section 4-304.*
HANDGUN QUALIFICATION LICENSE
**** In addition to banning certain firearms, Maryland now requires law abiding citizens to obtain a license to demonstrate that they are qualified to exercise their God given rights as protected by the 2nd Amendment.* A person may not purchase, rent, or receive a handgun unless that person has a license issued by the state, or a law enforcement or similar exception applies.
**** In order to obtain a license you must:
Pay a $50 fee;
Be at least 21 years old;
Be a resident of Maryland;
Within 3 years prior to your application complete a “Firearms Safety Training Course” approved by the secretary that includes:
A minimum of 4 hours of instruction by a qualified handgun instructor
Classroom instruction (no online courses) on:
State Firearm Law
Home Firearm Safety; and
Handgun Mechanisms and Operation; and
A firearms orientation component that demonstrates the person’s safe operation and handling of a firearm
Submit a complete set of fingerprints as part of your application
Pay a state fee for accessing criminal records; and
Pay the FBI processing.
*
**** What does this mean for the average person?* First, it will cost at least $250.00 to apply for the license and pay for a training course and fingerprints.* Second, it will delay your ability to purchase a handgun by months.* Training courses are not offered every day, so you can expect to wait a few weeks (maybe longer with new demand) to complete your course.* Plus, the statute requires a demonstration of your safe operation and handling of a firearm, which means range time.* So do not expect to complete your training in four hours.* That is for hours of classroom instruction, plus scheduling range time with the instructor, waiting for a lane at the range, etc.* Then you must get your fingerprints done, and in my experience you need to do this within just a few days of submitting your application.* Once you do apply, the state has 30 days to decide on your application, but as we all know they are already backed up processing purchases and the 7 day waiting period has become a 30+ day waiting period, so expect this to take even longer.* And once you find a dealer that actually has the handgun you want, you still have to wait 7 days (i.e. 30+).*
**** MAGAZINE CAPACITY
**** Maryland previously limited the transfer or sale of ammunition magazines based on capacity.* As a result of the current gun control law, the capacity has been reduced from 20 rounds down to 10 rounds.* The law does not differentiate between rifle and pistol magazines.* You may still possess larger capacity magazines, which means you would need to travel out of state to purchase them. *
**** A NOTE FOR OFF-DUTY LAW ENFORCEMENT
**** The new gun control law includes an exemption for off-duty law enforcement from the prohibition of carrying a weapon on public school property.* That exemption, however, requires that the off duty officer follow a few very specific rules.* If you are an off-duty officer and you are carrying your firearm on school property:
You must be a parent, guardian, or visitor of a student attending the school;
You must display your badge or credential at all times; AND
Your weapon must be concealed.
The penalty for violating this law for a first offense is a minimum fine of $250 AND 30 days in jail.* The maximums for a first offense are a fine $2,500 fine and 3 years in prison.
**** SUMMARY
Assault Weapons are banned as of October 1, 2013, but you can keep what you already own.
You cannot transfer your assault weapons except upon your death.
You cannot transport an assault weapon into the state.
You must take a course and obtain a license before you can purchase a handgun in the state.
You may not purchase or sell magazines in the state with a capacity greater than 10 rounds.
*
By: **** John R. Griffin
Giving your grandson that .22 for his birthday might be a felony
Date Posted: Wednesday, March 27, 2013
**** The national news is constantly buzzing with talk of gun control and the dreaded "gun show loophole."* But here is something you probably didn't know: it is a federal felony for a resident of one state to transfer any firearm to a resident of another state.*
**** 18 USC §922(a)(5) provides that it is unlawful:
"For any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not appy to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes."
**** For example, let's say your grandson is coming up this summer from Virginia and he just turned 18.* You had always told him that you would give him that old hunting rifle when he turned 18, and now you come through on your promise and you hand it to him.* Guess what, you just committed a federal felony punishable to up to five years in prison.
**** The only way to avoid breaking the law is to involve a licensed dealer.* Know the law and protect your firearms.
By: John R. Griffin
****
4th Circuit Rules Maryland Firearm Law Constitutional
Date Posted: Thursday, March 21, 2013
****
**** Today the United States Court of Appeals for the 4th Circuit, in the case of Raymond Woollard v. Denis Gallagher, ruled that Maryland's procedure for issuing a permit to carry a handgun is constitutional.
**** The Public Safety Article of the Maryland Code §5-303 requires that "A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun." Section 5-306 outlines the qualifications for receiving such a permit, which includes the following requirements:
**** (a)(5) based on an investigation:
**** (i) [the applicant] has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
**** (ii) [the applicant] has a good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.
**** Raymond Woollard challegened the state's refusal to reissue his handgun permit and filed suit in the United States District Court for the District of Maryland. On March 2, 2012, District Judge Benson Everett*Legg struck down requirement to show a "good and substantial reason" as a violation of the 2nd Amendment to the United States Constitution.
**** Today, March 21, 2013, the United States Court of Appeals for the 4th Circuit reversed the lower court and determined that the "good and substantial reason" requirement is constitutional. In doing so, the Court held:
Although we assume that Appellee Woollard's Second Amendment right is burdened by the good-and-substantial-reason requirement, we further conclude that such burden is constitutionally permissible. That is, under the applicable intermediate scrutiny standard, the State has demonstrated that the good-and-substantial-reason requirement is reasonably adapted to Maryland's significant interests in protecting public safety and preventing crime.
**** The Court applied the intermediate scrutiny standard to the "good and substantial reason" requirement, i.e., the Court asked whether the requirement is "reasonably adapted to a substantial governmental interest."
**** In determining that the state's interest was a substantial one, the Court cited to "codified legislative findings" in Maryland that:
**** (1) the number of violent crimes committed in the State has increased alarmingly in recent years;
**** (2) a high percentage of violent crimes committed in the State involves the use of handguns;
**** (3) the result is a substantial increase in the number of deaths and injuries largely traceable to the carrying of handguns in public places by criminals;
**** (4) current law has not been effective in curbing the more frequent use of handguns in committing crime; and
**** (5) additional regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of the public.
***** Clearly, if these are the substantial interests of the state, they weigh in favor of, and not against, the carrying of firearms by the general public. The state acknowledges that crime is up, crimes are committed with handguns, and criminals with handguns kill people. The criminals obviously have guns and are not deterred by any permitting requirement.* Law abiding Marylanders are left to the mercy of the criminals, who can attack with impunity knowing that their victims are unarmed.
**** Not only did the Court adopt the state's “substantial interests” in support of its conclusion, it went on to determine that the “good and substantial reason” requirement was reasonably adapted, citing the following objectives advanced by the state:
**** (1) Decreasing the availability of handguns to criminals via theft;
**** (2) Lessening the likelihood that a basic confrontation between individuals would turn deadly;
**** (3) Averting the confusion that can result from the presence of a third person with a hand-gun during* a*confrontation between a police officer and a criminal suspect;
**** (4) Curtailing the presence of handguns during routine police-citizen encounters.
**** (5) Reducing the number of handgun sightings that must be investigated.
**** (6) Facilitating the identification of those persons carrying handguns who pose a menace.
***** In short, the Court concluded that law abiding Marylanders are frightened, angry people incapable of resisting the urge to kill simply because they carry a firearm on their person.* Furthermore, it is clear that the overwhelming goal of the state is to disarm Marylanders to make them easier to control by the state and submissive to the will of state officers, who, not surprisingly, carry firearms on their person.*
**** Under this law, you have no right to protect yourself outside of your home in Maryland.* Not only does the permit require photographs, fingerprints, background checks, a written application, and payment of various fees, you must show “documented evidence of recent threats, robberies, and/or assaults, supported by official police reports or notarized statements from witnesses.”* Even then, you must wait up to 90 days for a decision.
*
By:* John R. Griffin
****
Date Posted: Monday, April 15, 2013
*****On April 9, 2013, Governor Martin O’Malley signed into law one of the most blatant violations of the 2nd Amendment in the history of this country.* The law amends over 60 pages of the Maryland code and is extremely complicated.* The law goes into effect on October 1, 2013. *The purpose of this article is to briefly summarize the portions of the law that affect the average citizen. Please note that I use the term “assault weapon” only because that is the defined term used by the legislature and not because I believe that term accurately describes these firearms.*
**** ASSAULT WEAPONS ARE BANNED AS OF OCTOBER 1, 2013.
**** The new law bans the possession, sale, offer for sale, transfer, purchase or receipt of an assault weapon after October 1, 2013.* The term “assault weapon” includes all guns that meet the statutory definitions of “assault long guns” or “copycat weapons.”* Examples of “Assault Long Guns” include AK-47 and AR-15 style rifles.* The term “Copycat Weapon” includes:*
A semi-auto centerfire rifle that accepts a detachable magazine and includes any two of the following features: 1. A folding stock; 2. A grenade or flare launcher; 3. A flash suppressor;
A semi-auto centerfire rifle with a fixed magazine with a capacity of more than 10 rounds;
A semi-auto centerfire rifle with an overall length of less than 29 inches;
A semi-auto pistol with a fixed magazine that can accept more than 10 rounds.;
A semi-auto shotgun with a folding stock; or
A shotgun with a revolving cylinder.*
*
**** EXEMPTIONS TO THE BAN
**** So long as you lawfully possessed your assault weapon prior to October 1, 2013, you may keep it. You may receive a legally owned an assault weapon through inheritance.* Other exemptions apply for law enforcement personnel and for licensed dealers in certain situations.* Consult an attorney for more details because, after October 1, 2013, any assault weapon is presumptively illegal under Maryland law, so you need to make sure you fall within an exemption.*
**** TRAPS FOR LAW ABIDING CITIZENS
**** As most law abiding gun owners know, gun control does not prevent gun violence, it simply attempts to turn law abiding gun owners into criminals so that the state can confiscate their firearms.* Here are a few examples of how this legislation is designed to trap the unwitting gun owner:
**** The Gunsmith Trap:* One sunny afternoon you are out shooting and your AR-15 malfunctions and try as you might you cannot correct the problem.* You call your local gunsmith and drive over to his place of business or home and deliver your rifle to him.* While you might not have actually “transferred” your firearm to the gunsmith, he certainly “received” it and he certainly has “possession” of it.* Under section 4-304 of the Public Safety Article, law enforcement may seize and dispose of YOUR rifle because the gunsmith illegally possesses it.* The code exempts transfers for repairs of assault weapons owned by law enforcement, but not civilians and this was clearly intended to let your assault weapons die off over time without a source for repair.*
**** The Hunting Trip Trap:* You decide to finally take that pig hunting trip out of state and you bring your AR-Type .223 rifle with you.* As soon as your rifle leaves the state it cannot legally come back.* Section 4-303 makes it a crime to transport an assault weapon into Maryland.* Your rifle is now subject to seizure under section 4-304.*
HANDGUN QUALIFICATION LICENSE
**** In addition to banning certain firearms, Maryland now requires law abiding citizens to obtain a license to demonstrate that they are qualified to exercise their God given rights as protected by the 2nd Amendment.* A person may not purchase, rent, or receive a handgun unless that person has a license issued by the state, or a law enforcement or similar exception applies.
**** In order to obtain a license you must:
Pay a $50 fee;
Be at least 21 years old;
Be a resident of Maryland;
Within 3 years prior to your application complete a “Firearms Safety Training Course” approved by the secretary that includes:
A minimum of 4 hours of instruction by a qualified handgun instructor
Classroom instruction (no online courses) on:
State Firearm Law
Home Firearm Safety; and
Handgun Mechanisms and Operation; and
A firearms orientation component that demonstrates the person’s safe operation and handling of a firearm
Submit a complete set of fingerprints as part of your application
Pay a state fee for accessing criminal records; and
Pay the FBI processing.
*
**** What does this mean for the average person?* First, it will cost at least $250.00 to apply for the license and pay for a training course and fingerprints.* Second, it will delay your ability to purchase a handgun by months.* Training courses are not offered every day, so you can expect to wait a few weeks (maybe longer with new demand) to complete your course.* Plus, the statute requires a demonstration of your safe operation and handling of a firearm, which means range time.* So do not expect to complete your training in four hours.* That is for hours of classroom instruction, plus scheduling range time with the instructor, waiting for a lane at the range, etc.* Then you must get your fingerprints done, and in my experience you need to do this within just a few days of submitting your application.* Once you do apply, the state has 30 days to decide on your application, but as we all know they are already backed up processing purchases and the 7 day waiting period has become a 30+ day waiting period, so expect this to take even longer.* And once you find a dealer that actually has the handgun you want, you still have to wait 7 days (i.e. 30+).*
**** MAGAZINE CAPACITY
**** Maryland previously limited the transfer or sale of ammunition magazines based on capacity.* As a result of the current gun control law, the capacity has been reduced from 20 rounds down to 10 rounds.* The law does not differentiate between rifle and pistol magazines.* You may still possess larger capacity magazines, which means you would need to travel out of state to purchase them. *
**** A NOTE FOR OFF-DUTY LAW ENFORCEMENT
**** The new gun control law includes an exemption for off-duty law enforcement from the prohibition of carrying a weapon on public school property.* That exemption, however, requires that the off duty officer follow a few very specific rules.* If you are an off-duty officer and you are carrying your firearm on school property:
You must be a parent, guardian, or visitor of a student attending the school;
You must display your badge or credential at all times; AND
Your weapon must be concealed.
The penalty for violating this law for a first offense is a minimum fine of $250 AND 30 days in jail.* The maximums for a first offense are a fine $2,500 fine and 3 years in prison.
**** SUMMARY
Assault Weapons are banned as of October 1, 2013, but you can keep what you already own.
You cannot transfer your assault weapons except upon your death.
You cannot transport an assault weapon into the state.
You must take a course and obtain a license before you can purchase a handgun in the state.
You may not purchase or sell magazines in the state with a capacity greater than 10 rounds.
*
By: **** John R. Griffin
Giving your grandson that .22 for his birthday might be a felony
Date Posted: Wednesday, March 27, 2013
**** The national news is constantly buzzing with talk of gun control and the dreaded "gun show loophole."* But here is something you probably didn't know: it is a federal felony for a resident of one state to transfer any firearm to a resident of another state.*
**** 18 USC §922(a)(5) provides that it is unlawful:
"For any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not appy to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes."
**** For example, let's say your grandson is coming up this summer from Virginia and he just turned 18.* You had always told him that you would give him that old hunting rifle when he turned 18, and now you come through on your promise and you hand it to him.* Guess what, you just committed a federal felony punishable to up to five years in prison.
**** The only way to avoid breaking the law is to involve a licensed dealer.* Know the law and protect your firearms.
By: John R. Griffin
****
4th Circuit Rules Maryland Firearm Law Constitutional
Date Posted: Thursday, March 21, 2013
****
**** Today the United States Court of Appeals for the 4th Circuit, in the case of Raymond Woollard v. Denis Gallagher, ruled that Maryland's procedure for issuing a permit to carry a handgun is constitutional.
**** The Public Safety Article of the Maryland Code §5-303 requires that "A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun." Section 5-306 outlines the qualifications for receiving such a permit, which includes the following requirements:
**** (a)(5) based on an investigation:
**** (i) [the applicant] has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
**** (ii) [the applicant] has a good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.
**** Raymond Woollard challegened the state's refusal to reissue his handgun permit and filed suit in the United States District Court for the District of Maryland. On March 2, 2012, District Judge Benson Everett*Legg struck down requirement to show a "good and substantial reason" as a violation of the 2nd Amendment to the United States Constitution.
**** Today, March 21, 2013, the United States Court of Appeals for the 4th Circuit reversed the lower court and determined that the "good and substantial reason" requirement is constitutional. In doing so, the Court held:
Although we assume that Appellee Woollard's Second Amendment right is burdened by the good-and-substantial-reason requirement, we further conclude that such burden is constitutionally permissible. That is, under the applicable intermediate scrutiny standard, the State has demonstrated that the good-and-substantial-reason requirement is reasonably adapted to Maryland's significant interests in protecting public safety and preventing crime.
**** The Court applied the intermediate scrutiny standard to the "good and substantial reason" requirement, i.e., the Court asked whether the requirement is "reasonably adapted to a substantial governmental interest."
**** In determining that the state's interest was a substantial one, the Court cited to "codified legislative findings" in Maryland that:
**** (1) the number of violent crimes committed in the State has increased alarmingly in recent years;
**** (2) a high percentage of violent crimes committed in the State involves the use of handguns;
**** (3) the result is a substantial increase in the number of deaths and injuries largely traceable to the carrying of handguns in public places by criminals;
**** (4) current law has not been effective in curbing the more frequent use of handguns in committing crime; and
**** (5) additional regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of the public.
***** Clearly, if these are the substantial interests of the state, they weigh in favor of, and not against, the carrying of firearms by the general public. The state acknowledges that crime is up, crimes are committed with handguns, and criminals with handguns kill people. The criminals obviously have guns and are not deterred by any permitting requirement.* Law abiding Marylanders are left to the mercy of the criminals, who can attack with impunity knowing that their victims are unarmed.
**** Not only did the Court adopt the state's “substantial interests” in support of its conclusion, it went on to determine that the “good and substantial reason” requirement was reasonably adapted, citing the following objectives advanced by the state:
**** (1) Decreasing the availability of handguns to criminals via theft;
**** (2) Lessening the likelihood that a basic confrontation between individuals would turn deadly;
**** (3) Averting the confusion that can result from the presence of a third person with a hand-gun during* a*confrontation between a police officer and a criminal suspect;
**** (4) Curtailing the presence of handguns during routine police-citizen encounters.
**** (5) Reducing the number of handgun sightings that must be investigated.
**** (6) Facilitating the identification of those persons carrying handguns who pose a menace.
***** In short, the Court concluded that law abiding Marylanders are frightened, angry people incapable of resisting the urge to kill simply because they carry a firearm on their person.* Furthermore, it is clear that the overwhelming goal of the state is to disarm Marylanders to make them easier to control by the state and submissive to the will of state officers, who, not surprisingly, carry firearms on their person.*
**** Under this law, you have no right to protect yourself outside of your home in Maryland.* Not only does the permit require photographs, fingerprints, background checks, a written application, and payment of various fees, you must show “documented evidence of recent threats, robberies, and/or assaults, supported by official police reports or notarized statements from witnesses.”* Even then, you must wait up to 90 days for a decision.
*
By:* John R. Griffin
****
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