Long Ban Private Xfer Bill Veto Override: Was COMAR Language Ever Issued?

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  • cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    Edit: This statement is incorrect: ["I think it is incredibly important that if it isn't in the printed COMAR, it really isn't against the law."]

    "COMAR Online

    The Code of Maryland Regulations (COMAR) is provided online by the Division of State Documents at www.dsd.state.md.us. However, COM​AR in print form will continue to be the only official legally enforceable version of the Code."

    https://mde.maryland.gov/programs/Permits/Pages/ComarOnline.asp
     
    Last edited:

    Clark W. Griswold

    Active Member
    Oct 5, 2009
    929
    I think it is incredibly important that if it isn't in the printed COMAR, it really isn't against the law.

    "COMAR Online

    The Code of Maryland Regulations (COMAR) is provided online by the Division of State Documents at www.dsd.state.md.us. However, COM​AR in print form will continue to be the only official legally enforceable version of the Code."

    https://mde.maryland.gov/programs/Permits/Pages/ComarOnline.asp

    It is still a law without comar regs. All comar regs get their authority from the annotated code which is law and commonly referred to as a statute. The fact that a statute does not have a corresponding regulation does not make it void.

    Whether it is a valid statute is another subject entirely…
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I think it is incredibly important that if it isn't in the printed COMAR, it really isn't against the law.

    "COMAR Online

    The Code of Maryland Regulations (COMAR) is provided online by the Division of State Documents at www.dsd.state.md.us. However, COM​AR in print form will continue to be the only official legally enforceable version of the Code."

    https://mde.maryland.gov/programs/Permits/Pages/ComarOnline.asp

    Yeah, ummmm, NO.

    State Statute is the law (i.e. The bill passed by the Maryland Legislature).

    COMAR is simply the regulations that describe how the Executive branch of the state government is going to act on the law.
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    Yeah, ummmm, NO.

    State Statute is the law (i.e. The bill passed by the Maryland Legislature).

    COMAR is simply the regulations that describe how the Executive branch of the state government is going to act on the law.

    OK, got it, my bad. This is what I was looking for:
    http://mgaleg.maryland.gov/2020RS/Chapters_noln/Ch_11_sb0208t.pdf

    (Text that has strike through has been deleted in these quotes)
    (F)(1)EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $10,000 OR BOTH.

    (2)A PERSON WHO PROVIDES FALSE INFORMATION WHILE CONDUCTING A TRANSACTION UNDER THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH.

    (D)A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH
     

    Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    Any update on this? Got reminded of it because my lefty friend recently voted 'guilty' in a jury against a guy selling shotguns in a Wendy's parking lot (I'm guessing it was also a large number of them).
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Jury nullification is a real thing.

    Anyone selling a shotgun to a friend in a transaction that would have been legal last year, will probably want me on the jury.

    Let's hope we see this should such a trial come to pass.
     

    Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    Imma guess that wasn’t the case here.
    I'm starting to suspect that one friend is screwing with me because I ranted about this law when it passed. So... Ignore that for now.

    I even told him a week ago about jury nullification

    Still curious about any updates on COMAR, or if anyone's been arrested over this yet.
     

    NatBoh

    Ultimate Member
    Jan 4, 2012
    2,704
    Baltimore
    Jury nullification is a real thing.

    Anyone selling a shotgun to a friend in a transaction that would have been legal last year, will probably want me on the jury.

    :thumbsup: One of the most important tools we have as citizens to provide a check on government overreach.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    Any update on this? Got reminded of it because my lefty friend recently voted 'guilty' in a jury against a guy selling shotguns in a Wendy's parking lot (I'm guessing it was also a large number of them).

    I am acquainted with one of the top assistants to the Maryland attorney general and inquired about this privately. As noted above acts passed by the General Assembly need not be codified in COMAR if the language of the text is considered sufficiently clear.
     

    tigmaned

    Active Member
    Feb 25, 2007
    522
    Crofton
    NICS checks are federal paperwork... and Feds say it only needs to be completed when buying a new long gun from a FFL.. nothing in NICS says used guns from one person to another.. so were does the state of Maryland get the right to say its residents need to fill out Federal paperwork?

    has anyone seen a SIGN up in any gun shop saying this law now applies to used long guns person to person?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    NICS checks are federal paperwork... and Feds say it only needs to be completed when buying a new long gun from a FFL.. nothing in NICS says used guns from one person to another.. so were does the state of Maryland get the right to say its residents need to fill out Federal paperwork?

    has anyone seen a SIGN up in any gun shop saying this law now applies to used long guns person to person?

    Details are only important for compliance.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    Not Quite !

    NICS is for a Firearm sold/ transfered thru an FFL, used ( 1899 & later) or new doesn't matter .

    As written , such " person to person " won't be actually person to person .

    Person A transfers to FFL , FFL enters into Bound Book of inventory , and then ' sells" to Person B with 4473 & NICS .
     

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