The final SB 281: A detailed summary for non-lawyers

[ddeanjohnson]

Just received this [summary] from Delegate Susan Aumann. . .

Thanks for posting that concise summary. I'm passing it along...

Delegate Aumann's summary is useful, but unfortunately it contains some statements that are erroneous, or at least subject to misunderstanding by those who read them. Among these:

-- The summary twice states, "Active and retired law enforcement officers .. . are EXEMPT from the provisions and restrictions of this bill." It is true that active law enforcement personnel are exempt from many provisions. The exemptions for retired law enforcement officers vary from provision to provision, both in their scope and in which retirees they cover. For example, in the "assault" weapons ban, the only exemption for retirees, with respect to non-grandfathered firearms, is if a banned firearm "is sold or transferred to the person by the law enforcement agency on retirement," or "was purchased or obtained by the person for official use with the law enforcement agency before retirement." So retirees are not really exempt from the general ban -- they cannot just order whatever "assault" firearm they wish. With respect to the handgun qualification license, some retired law enforcement officers will be exempt from the requirement and some will not, by my reading.

-- The summary states that "active military personnel over age 21, are EXEMPT from the provisions and restrictions of this bill." They are exempt from the handgun qualification license requirement, but with respect to the ban on "assault" firearms, they are exempt only within the scope of their official duties. Military personnel may not own banned "assault" weapons as personal property, unless they are grandfathered firearms.

-- There are no exemptions from any of the numerous new firearms disqualifications in the bill (see paragraph no. 18 of my summary) for active military, retired or honorably discharged military, active law enforcement, or retired law enforcement.

-- erwos, above at posts 391 and 393, has explained why people may be disappointed if they think that they can place orders for about-to-be-banned firearms all the way up to October 1 and still expect to receive them.

 

[Torin]

Based on the license exclusion for people who own regulated firearm, we may see another increase in purchasing (handguns) prior to Oct. 1. Imagine a gun owners spouse or child (21 and older, please) who has been shooting before and wants to eventually purchase a handgun, but doesn't want to deal with the training/licensing requirements. IPs rejoice! Mo' money. Mo'money. Mo' money!

 

[smokey]

Based on the license exclusion for people who own regulated firearm, we may see another increase in purchasing (handguns) prior to Oct. 1. Imagine a gun owners spouse or child (21 and older, please) who has been shooting before and wants to eventually purchase a handgun, but doesn't want to deal with the training/licensing requirements. IPs rejoice! Mo' money. Mo'money. Mo' money!

I'm thinking I'm just going to transfer a handgun jenni's comfortable with to her before too long here, so she'll be exempted without us having to buy anything new. I wonder how many people are going to "sell" handguns to other people now so they'll be exempted from training. transfer a regulated firearm(probably something like a hi-point, taurus, or .22) to a friend in exchange for it's rough value...with the understanding that once they get their own handgun later on, you can just buy it back.

 

[Brooklyn]

Again: the way the law is written, your FFL still cannot receive new banned guns for you after October 1, purchase order or not.

Sorry I don't see this. Can you explain ?

 

[Brooklyn]

I am very concerned with "receive" ban in SB 281. In federal law, 18 usc 922(h), receive means merely to take knowing possession of it, however temporarily. See attached. If so, then no person without the license can take even temporary possession of a handgun, and that could include your family friends and everyone else. It's impossible to introduce people to the sport with this ban. Indeed, it is hard to see how the course could be even taught with this ban, as the course requires an "orientation component that demonstrates the person's safe operation and handling of a firearm"

I guess all MD certified courses will be taught out of state. I know that after this bill I will be shooting out of state as a rule.

 

[Brooklyn]

My read (and i could be wrong) The only way to bring a banned weapon into the state under any circumstances is to be in legal possession of it prior to Oct. 1. You can move here after Oct 1 and register it.I don't think you can buy it in PA after Oct 1, then come to MD and register it. That's my read anyway.

This would lead to interesting issues for a resident of say Texas who not not subject to the juristiction of MD does not know that his rights even in Texas have been affected. Perhaps we can get some federal law to intervene...

 

[kcd]

This would lead to interesting issues for a resident of say Texas who not not subject to the juristiction of MD does not know that his rights even in Texas have been affected. Perhaps we can get some federal law to intervene...

MD law would not apply to him if he stays in Texas but if he enters MD, he's bound by MD laws -- it's nothing unusual. You have to know the law of the area that you are in or going into. Being ignorant of laws is not a justification for illegal activity.

 

[smores]

MD law would not apply to him if he stays in Texas but if he enters MD, he's bound by MD laws -- it's nothing unusual. You have to know the law of the area that you are in or going into.

When in Rome... well, screw it stay the hell away.


Si vis pacem para bellum

follow me @DiscipleofJMB

 

[Brooklyn]

MD law would not apply to him if he stays in Texas but if he enters MD, he's bound by MD laws -- it's nothing unusual. You have to know the law of the area that you are in or going into. Being ignorant of laws is not a justification for illegal activity.

Subject to federal law. What I am suggesting is that the states that still respect the constitution might be willing to legislate federal protection.

Assuming the law holds in any form.

The grandfathering restricts the lawful activity of non residents before they become residents by forcing them to divest property lawfully owned if not subject to a constraint set my MD law. Put another way it makes underage Texans unable to ever avail themselves of gradfathering. I think this may just tick of all Texans.

For years its been blue states vs red states nationally but now they are blue state laws are directly affecting red states. So it a texan ever wants to live in MD ( or is forced to by duty assignment) he or she must take MD law into account now. If on the other hand grandfathering was not time limited then it would not be an issue.

Given that MD is not likely done with banning stuff we gets might get a chance a federal legislation to deal with this.

It all likely moot anyway. But politically it could be useful.

 

[ddeanjohnson]

Based on the license exclusion for people who own regulated firearm, we may see another increase in purchasing (handguns) prior to Oct. 1. Imagine a gun owners spouse or child (21 and older, please) who has been shooting before and wants to eventually purchase a handgun, but doesn't want to deal with the training/licensing requirements. IPs rejoice! Mo' money. Mo'money. Mo' money!

Please note that SB 281 does not contain a "license exclusion" for people who already own a regulated firearm. Such a person will still be required to possess a "handgun qualification license" if he or she wishes to acquire a handgun after October 1 (with certain exceptions), including the fingerprinting, the background check, and a $50 fee. But the person who "lawfully owns a regulated firearm" before October 1 will be excused from the training requirement that will be imposed on most other applicants for the license. This is explained in my summary of the bill, numbered paragraph 1.

Will some people purchase handguns prior to October 1 in order to qualify for the exemption to the training requirement? I suppose so. But it would not be necessary, in all cases, to actually purchase a new handgun for the spouse or child, in order to accomplish that. For example, a husband could transfer one of his lawfully owned handguns to his wife, as a gift, by the procedures spelled out in state law and regulation (e.g., transfer at a Maryland State Police barracks), and she would thereby become the lawful owner and qualify for the training exemption after October 1.

 

[AKbythebay]

Can someone explain the HBAR situation come Oct 1st? Are these still legal? Would they now qualify as a "copycat" gun and be banned? Confused by the "features test" as well??

 

[ddeanjohnson]

Can someone explain the HBAR situation come Oct 1st? Are these still legal? Would they now qualify as a "copycat" gun and be banned? Confused by the "features test" as well??

Regarding the HBAR, erwos is the man with the answers on such matters:
http://www.mdshooters.com/showthread.php?t=109281

The "features test" are also discussed in paragraphs 2-7 of my summary of the bill (the Original Post).

 

[AKbythebay]

Regarding the HBAR, erwos is the man with the answers on such matters:
http://www.mdshooters.com/showthread.php?t=109281

The "features test" are also discussed in paragraphs 2-7 of my summary of the bill (the Original Post).

Thank you. I will read and re-read until I figure this thing out

 

[ddeanjohnson]

Thank you. I will read and re-read until I figure this thing out

Sorry, I originally botched the link to my summary of the bill, and therefore when you quoted my post above, you reproduced the original botched link. The summary is actually here.

 

[gmkoh]

The bill does not define "fixed magazine." Presumably it is any magazine that is not a "detachable magazine." The bill does contain a definition of "detachable magazine," on page 11, lines 8-11:

(F) “DETACHABLE MAGAZINE” MEANS AN AMMUNITION FEEDING DEVICE THAT CAN BE REMOVED READILY FROM A FIREARM WITHOUT REQUIRING DISASSEMBLY OF THE FIREARM ACTION OR WITHOUT THE USE OF A TOOL, INCLUDING A BULLET OR CARTRIDGE.

So with a calif compliant "button" mag release, a firearm does not have a detachable magazine- therefore, the features test is negated (ie- a semi auto with a detachable mag and two of the three features. No detachable mag, then folding stock, grenade launcher and flash suppressors are moot?

I am wondering then, if an AR 15 copy does not have a detachable mag by the definition, does it still fall under the list of 45 banned firearms, or is that significant enough departure to disqualify it as a copy?

 

[MDGolom]

I have a question about AKs. The law specifically mentions the AK-47, but not the AK-74. Are they still legal as long as they meet the new copycat definition? Also, my friend pointed out that the AK-47 has a milled receiver. The AKM has one that is bent from a pressed sheet of metal and uses trunnions. Can I still build an AKM after the ban since it's not listed?

 

[Omnipotent]

Forgive the question if it's obvious but while I own a couple of AR's I've never built one from the ground up and don't know this answer:

AR15-22 is not banned, correct?

Is the AR15-22 lower the same or interchangeable with a traditional AR15-.223?

I've read that it is one in the same, so an AR15 lower will not be banned after 10/1, correct?

 

[musketbal]

Just spoke with Deleget Charles Otto's office. Things are not looking good. I was told there was going to be an attempt at a referendum, however if that was possible then there would be only two weeks to get enough signatures. King obama's plan is coming together quicker then even he thought possible. Oh, BTW check out the latest youtube video by nutnfancy. No ***** footing around by him. He is 100% right on.

Brent

 

[BenL]

Just received this from Delegate Susan Aumann

What SB 281 Means to You
General Provisions
 A person who owns a firearm is required to report the loss of theft of the firearm within 72 hours of discovering the loss or theft. There is a civil penalty for the first offense and a criminal penalty for the second offense.
 Under this bill, records relating to handgun purchases and handgun permits are NOT subject to the public information act.
 People moving into Maryland after October 1, 2013 with the intent of becoming a resident have 90 days to register their regulated firearms with MSP. The registration fee is $15.

Rifles
 Designates 45 rifles as “Assault Long Guns” including the AR-15, SKS, as well as any of their “copycats” and bans the sale of these firearms effective October 1st, 2013.
 A “copycat” weapon is defined as a centerfire, semiautomatic rifle with a detachable magazine that has two or more of the following features:
 Folding stock
 Grenade or flare launcher
 Flash suppressor
 A “copycat” also includes
 A semiautomatic centerfire rifle that has a fixed magazine with a capacity of more than 10 rounds
 A semiautomatic pistol with a fixed magazine that can accept more than 10 rounds
 A semiautomatic shotgun that has a folding stock
 A shotgun with a revolving cylinder
 This bill is NOT retroactive. If you currently own one of these firearms, or purchase prior to October 1st, 2013 you can continue to possess your firearm. In addition, these firearms can continue to be passed on through inheritance provided the heir is not otherwise disqualified from possessing a Regulated Firearm.
 If you order a banned firearm prior to October 1, 2013, but do not receive your firearm before that date, you may still take possession after October 1, 2013.
 Active and retired law enforcement officers, as well as active military personnel over age 21, are EXEMPT from the provisions and restrictions of this bill.
Magazine Capacity and Ammunition
 Effective October 1, 2013 magazine size for a all firearms is restricted to 10 rounds or less. The purchase, transfer, or sale of higher capacity magazines is prohibited.
 This bill is NOT retroactive. If you currently possess a large capacity magazine, you may continue to do so.
 Bans a person from possessing any ammunition if they are disqualified from possessing a regulated firearm (by virtue of a criminal conviction, drug or alcohol abuse, is a fugitive from justice, or suffers from a mental disorder)
 Active and retired law enforcement officers, as well as active military personnel over age 21, are EXEMPT from the provisions and restrictions of this bill.

Handguns
 In order to purchase a handgun after October 1, 2013 you must apply to the Maryland State Police for a handgun qualification license.
 To receive the license, you must complete a Firearms Orientation Course consisting of 4 hours of classroom and range training covering state firearms law, home firearm safety, as well as handgun mechanisms and operations. The range component includes orientation specific to the firearm involving safe handling.
 The cost of the initial licensing, fingerprinting, and background check is paid by the applicant and is estimated to be over $100.
 The course is a one-time only requirement for the initial application.
 You DO NOT have to take the training course if any of the following apply:
 You have completed an MSP-approved certified safety course
 You have completed the DNR hunter safety course
 You are a currently a qualified handgun instructor
 You are an honorably discharged member of the Armed Forces or National Guard
 You are an employee of an armored car company who has a handgun permit issued by MSP
 YOU LAWFULLY OWN A REGULATED FIREARM (If you already own a regulated firearm, you DO NOT have to ever complete the training to apply for the handgun purchase license.)
 To receive the license, you must submit a full set of digital fingerprints and undergo a full background check.
 Once issued, the license is good for 10 years and you are NOT required to take additional training courses or submit fingerprints when you apply to renew the license. The renewal fee is $20.
 You DO NOT need a license to own a handgun or an assault rifle. You ONLY need the license if you are going to purchase a handgun after October 1, 2013.
 Active and retired military and police are exempt from the license requirements but must show valid credentials to the dealer to purchase. Also exempt are manufacturers and persons purchasing an antique, curio, or relic as defined by federal law

Good overview; thanks for posting. It's really unfortunate for those who are just now interested in ARs and how this effects future sales (that is, of course, unless we kick owemalley in his tiny balls in court. )

 

[BenL]

Just spoke with Deleget Charles Otto's office. Things are not looking good. I was told there was going to be an attempt at a referendum, however if that was possible then there would be only two weeks to get enough signatures. King obama's plan is coming together quicker then even he thought possible. Oh, BTW check out the latest youtube video by nutnfancy. No ***** footing around by him. He is 100% right on.

Brent

I don't want a referendum (why would I want a bunch of mouth-breathers voting on MY rights?) I want a court decision.