What is "regulated" other than handguns after 10/1?

[rtruhn]

Folks, I can't believe I'm opening yet another thread in an effort to clarify an impossibly opaque law, but here goes.

Right now, it seems that firearms fall in three general categories: "banned" (including the so-called "assault pistols"); "regulated" (all handguns and listed "assault weapons"); and "non-regulated" (everything else, available for C&C with a NICS clearance when purchased from an FFL).

My understanding is that the new law swings the ban hammer through all of the rifles that were named "assault weapons" on the current "regulated" list. It also established the OAL and "evil features" tests to determine whether a rifle will be banned.

Would it be correct to say that the only "regulated firearms" left will be handguns? The law doesn't seem to have any "regulated" long arms left - they're either "non-regulated" and thus available; or they're banned.

Am I missing something?

Thanks in advance.

 

[Ranchero50]

Until we know the true interpretation of the law everything is speculation.

Per the bill, the listed long guns and their 'copycats' are banned. All handguns are regulated. Add in the prior banned list of highly dangerous firearms (like the Ruger 22 charger) and you'll get some idea of what is legal.

Of course the MSP appears to be winging it with regards to the lists.

Throw in the upcoming lawsuits and it really is a crap shoot about what (if anything) will be banned

 

[ddeanjohnson]

Would it be correct to say that the only "regulated firearms" left will be handguns? The law doesn't seem to have any "regulated" long arms left - they're either "non-regulated" and thus available; or they're banned.

That was my assessment in my summary of the enacted legislation posted on this forum April 5 (Paragraph No. 1, first sentence), and nobody has disputed it to date.

So, with respect to new acquisitions or transfers, regulated firearms are handguns. But there are still portions of the law under which pre-October 1, "grandfathered" long arms are treated like handguns. For example, someone who moves to Maryland after October 1 will be required to register both handguns and grandfathered "assault"/"copycat" long guns.

 

[BigToe]

You are not missing anything, at least for MD purchases. All previously regulated long guns will be banned. Only handguns will be regulated (for now). But don't be surprised if MD goes the route that CA is now taking, requiring a license for all firearms and ammo.

 

[rtruhn]

That was my assessment in my summary of the enacted legislation posted on this forum April 5 (Paragraph No. 1, first sentence), and nobody has disputed it to date.

Thanks! I'm kind of new to these boards, and I couldn't figure out how to effectively structure my query to identify relevant earlier threads without getting lost in the noise.

 

[swinokur]

Howdy. Join the fight.

www.marylandshallissue.org
.
.

 

[Broadside]

That was my assessment in my summary of the enacted legislation posted on this forum April 5 (Paragraph No. 1, first sentence), and nobody has disputed it to date.

So, with respect to new acquisitions or transfers, regulated firearms are handguns. But there are still portions of the law under which pre-October 1, "grandfathered" long arms are treated like handguns. For example, someone who moves to Maryland after October 1 will be required to register both handguns and grandfathered "assault"/"copycat" long guns.

This is just my opinion, but I do not believe that the definition of "regulated firearm" was changed by SB281. What I think happened is that it created a new category called "assault long guns" which applied to firearms acquired after 10/1/13.

I think this distinction is important because Maryland law has a more severe set of penalties for crimes committed with a "regulated firearm" as compared to crimes committed with a rifle or shotgun (i.e. non-regulated firearm).

Also, I believe Maryland statute pre-empts all ordnances passed by localities which deal with possession of "regulated firearms". However, there is no such pre-emption for rifles and shotguns.

 

[Broadside]

You are not missing anything, at least for MD purchases. All previously regulated long guns will be banned. Only handguns will be regulated (for now).

I do not believe that you are correct. Beginning 10/1/13, you cannot possess a regulated rifle unless you owned it prior to 10/1/13. However, if you owned a regulated rifle prior to 10/1/13, it is still considered a "regulated firearm" and subject to all laws that cover possession of a "regulated firearm".

Do not confuse possession of a "regulated firearm" with possession of a handgun. Maryland statute has a sub-section that deals soley with possession of a handgun and the penalties associated with breaking those laws. There is then another section that deals with possession of a "regulated firearm" and the penalties associated with breaking those laws.

If you are possessing a handgun, you need to be in compliance with both sections of the Maryland statute. If you are in possession of a regulated rifle that you owned prior to 10/1/13 (or had a valid order to purchase), then you need to still be concerned with the sub-section of Maryland statute that covers possession of a regulated firearm.

 

[BigToe]

I do not believe that you are correct. Beginning 10/1/13, you cannot possess a regulated rifle unless you owned it prior to 10/1/13. However, if you owned a regulated rifle prior to 10/1/13, it is still considered a "regulated firearm" and subject to all laws that cover possession of a "regulated firearm".

Yes, you are correct. I was just speaking in terms of purchases after 10/1, which I thought was the context of the OP. But we should make that distinction...pre 10/1 regulated long guns are still legal, regulated firearms (for now).

 

[Broadside]

...pre 10/1 regulated long guns are still legal, regulated firearms (for now).

I agree with what you say above and it is something that all gun owners need to take stock of.

New York State has a ban that copied the original Clinton Gun Ban of 1994. New York State residents were able to purchase "pre-ban" magazines and "assault rifles" from out of state sellers and have them shipped into the state.

However, that wasn't good enough for Cuomo. So he rammed through a bill in two days that banned all magazines over ten rounds and all assault rifles. There was no longer a grandfather clause. Owners had to either sell them to out of state residents, or turn them in for destruction.

I would say that Maryland residents are one mass shooting away from the same fate.

 

[ddeanjohnson]

Maryland has two pre-emption laws

Also, I believe Maryland statute pre-empts all ordnances passed by localities which deal with possession of "regulated firearms". However, there is no such pre-emption for rifles and shotguns.

Actually, Maryland has two different firearms pre-emption statute. Neither is close to being a comprehensive pre-emption law, but one of them does apply to rifles, shotguns, and handguns. The other statute, to which you refer, covers only regulated firearms, but it applies only to sales.

Here are the laws, starting with the short pre-emption on sale of regulated firearms, followed by the general and loophole-ridden general pre-emption law.

PUBLIC SAFETY ARTICLE
TITLE 5. FIREARMS
SUBTITLE 1. REGULATED FIREARMS

Md. PUBLIC SAFETY Code Ann. § 5-104 (2013)

§ 5-104. Preemption by State

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

*****

CRIMINAL LAW ARTICLE
TITLE 4: WEAPONS CRIMES
SUBTITLE 2: HANDGUNS

Md. CRIMINAL LAW Code Ann. § 4-209 (2013)

§ 4-209. Regulation of weapons and ammunition

(a) State preemption. -- Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

(1) a handgun, rifle, or shotgun; and

(2) ammunition for and components of a handgun, rifle, or shotgun.

(b) Exceptions. --

(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

(i) with respect to minors;

(ii) with respect to law enforcement officials of the subdivision; and

(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:

(i) the handgun, rifle, or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and

(iii) the person transports the item directly to the law enforcement unit, barracks, or station.

(c) Preexisting local laws. -- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

(d) Discharge of firearms. --

(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

 

[rtruhn]

Thanks, everyone! My initial post was geared toward sale or purchase post 10/1, but I appreciate the point of view about the status of "pre ban" purchases. I have quite a bit from when I lived in Virginia (moved to Baltimore at the end of 2011, just before things got *really* silly), and I was not required to register 'em.

Come to think of it, most of the affected long guns were purchased just this year, with the exception of an AR SBR. So I have paperwork on everything that is subject to the current ban. It'll be interesting to see whether the powers that (currently) be try to go after "grandfathered" property.