sb281 and law enforcement

[BossmanPJ]

I apologize if this has been covered but I cannot find an answer in search of the forums..... a police officer I work closely with ( work for a municipal government agency ) was told by a gun shop in our area that he is not allowed to buy an ar15 ( normal barrel carbine ) or stripped lower regardless of being an officer of the law or not. my question is ... does it matter what type of leo you are or does the exemption apply to All officers with a badge. he is a town cop but I would assume he was given bad information by the ffl. please let me know if anyone hs the answer for this so I can get back to him. thanks

 

[6-Pack]

FFL's choice - no one can force them to sell a gun.

Kudos to the gun shop for treating everyone equal!

 

[Mr H]

Banned is banned.

There are other options (HBAR being one) he could pursue. But ARs in general--and lowers--are straight-up banned if the purchase was not initiated before 10/1.

 

[SS396]

There is no exception for police. It's one thing if it's being issued through the department as my agency does with M-4s, but he's the same as everyone else if he's trying to buy one privately.

 

[basscat]

I believe that Banned weapons can be purchased by law enforcement for ON DUTY use only. Must have proper documentation from their department. It must also be on the departments list of allowed firearms.

 

[NateIU10]

This subtitle does not apply to:
(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;
...
(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:
(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or
(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;

Md. Code Ann., Crim. Law § 4-302 (West)

Do either of these apply?

 

[joppaj]

As noted, he is not exempt if this is for his personal collection.

 

[SS396]

Do either of these apply?

This seems to be saying that the officer can possess the firearm if transferred to him by the agency. It doesn't address the private purchase of a banned firearm. If he's a department armoror and is trying to purchase the firearms for the department, I think this is typically done through the manufacturer. If he's just trying to get one privately, which is how I read the initial post, I'm fairly certain that can't be done. I must admit though, I'm not 100% on this.

 

[BossmanPJ]

no he was trying to purchase the rifle for his personal collection. I will relay the information to him. all of the officers are under the assumption that leo's are exempt from the bill. I was unsure but glad everyone cleared that up. thanks everyone

 

[fivepointstar]

no comment.....

 

[Boom Boom]

If he's just trying to get one privately, which is how I read the initial post, I'm fairly certain that can't be done.

It cannot be done legally at this point except for duty purchase/use by a department/agency. Regarding personal purchases, LEOs take it up the hind end just like everyone else thanks to SB281. If the person the OP is referring to thought he was special, then he thought wrong and got pwned.

 

[cww]

no he was trying to purchase the rifle for his personal collection. I will relay the information to him. all of the officers are under the assumption that leo's are exempt from the bill. I was unsure but glad everyone cleared that up. thanks everyone

REALLY!!!!!! please tell me you are kidding!!!!!!!!

 

[covertpanda]

REALLY!!!!!! please tell me you are kidding!!!!!!!!

Second.

 

[LCPIWB]

no he was trying to purchase the rifle for his personal collection. I will relay the information to him. all of the officers are under the assumption that leo's are exempt from the bill. I was unsure but glad everyone cleared that up. thanks everyone

REALLY!!!!!! please tell me you are kidding!!!!!!!!

You have to pass the bill to find out what's in it.

Funny things happen we people think "It is not going to affect me, what do I care."

 

[dblas]

no he was trying to purchase the rifle for his personal collection. I will relay the information to him. all of the officers are under the assumption that leo's are exempt from the bill. I was unsure but glad everyone cleared that up. thanks everyone

Tell him "welcome to being treated like the rest of us, no AR, privately, for him."

If he wants one, he has to go the same route the rest of us do and go HBAR. And remind him that he is not permitted to fit any other upper to the HBAR and thus make it a banned configuration, as he would then be subject to the same penalties and losses as the rest of us.

 

[A1Uni]

Law enforcement can by thin profile barreled ARs, but only for official purposes. They need a letter on agency letterhead, signed by their Chief, Sheriff or their designee, not just some random Lt. or Sgt., stating that the rifle is for duty and will not be converted to personal use.

There is a provision in the law for officers to keep their rifles but only upon retirement.

Just buy a C&C HBAR, the difference in weight is pathetically insignificant from a thin profile or govt profile barrel.

 

[kbarrett220]

You can buy one under the "Duty use " provision. Your Chief doesn't have to sign your letter if you are in a large Agency. His "designee" can sign the letter. In MDSP our Licensing Division gives us our letters. I know of at least 5 troopers that have purchased M4 type rifles since the ban. Just make sure that your Agency doesn't have any administrative law precluding your purchase.

 

[SS396]

You can buy one under the "Duty use " provision. Your Chief doesn't have to sign your letter if you are in a large Agency. His "designee" can sign the letter. In MDSP our Licensing Division gives us our letters. I know of at least 5 troopers that have purchased M4 type rifles since the ban. Just make sure that your Agency doesn't have any administrative law precluding your purchase.

I didn't know this. My agency issues the M-4 if you attend the three day course, so I doubt they would authorize us to buy our own. Nothing in it for them. Does MSP issue the M-4 at all, or is purchasing it the only route? Obviously there would be mandatory training before you can carry it.

 

[abean4187]

Despite that I wish this were true, it is not. Although I do agree with your gun shop, if the people can’t own/purchase them than the police can’t own/purchase them. We should get all gun shops to follow this policy.

 

[A1Uni]

Despite that I wish this were true, it is not. Although I do agree with your gun shop, if the people can’t own/purchase them than the police can’t own/purchase them. We should get all gun shops to follow this policy.

That may be the way many want it it be, but it is NOT the law.

There are specific exemptions for law enforcement in the law.

Rank and file police officers didn't make the law and the VAST majority of them hate the law too.

As they are called upon every day to deal with other people's problems, and they are directed to potentially deadly situations every day, they deserve this consideration.

PS-I'm not supporting the law or the buffoons in our legislature; I'm just trying to deal with the reality of a law that endangers all of us.

Getting off my soapbox now.