SB 281: A summary of some key provisions as passed by the House

ddeanjohnson · Apr 4, 2013

sykesville said:
Wonder if the state will issue cards for people to have on them to prove their banned weapons are registered.

There is no provision in the bill for anything like that. There are many current Maryland residents who moved into the state with these rifles, so they are not registered in the state transfer system, and there is no requirement in the House-passed bill that they be registered. However, people who establish residency after October 1, 2013, will be required to register all "regulated" firearms.

Cranky · Apr 4, 2013

It seems to me that that biggest divide between the house and senate bills is (7). The mass registration of guns that have been in possession prior to the passage. One says you will become a criminal if you don’t and one says you don’t even have to register.

Maverick0313 · Apr 4, 2013

I'm glad my M1 Garand from the CMP arrived this week. Who knows what's next?

Firespectrum · Apr 4, 2013

I moved here from FL with "assault rifles" and pistols that I have no paperwork on. Is there a way to document I owned them before the cutoff without registering them (cause that's never happening)? Someone mentioned a notary? Would I take the pics and they notarize the date or what?

If I take a trip back home before the 90 day mark and buy regulated firearms, pistols or normal capacity mags legally with my FL license, would they count as being possessed before becoming a resident?

ddeanjohnson · Apr 4, 2013

Firespectrum said:
I moved here from FL with "assault rifles" and pistols that I have no paperwork on. Is there a way to document I owned them before the cutoff without registering them (cause that's never happening)? Someone mentioned a notary? Would I take the pics and they notarize the date or what?

There is nothing in the bill about this. If you're really worried about it, consult an attorney. If it was me, I would assemble documentation showing legal possession of the firearm(s) before October 1, 2013, and probably have it notarized. I suppose that could include photographs with a newspaper in the same photographs to further validate the date. I'd have to print the photos on paper with space to write an affirmation on. The notary would witness me signing the affirmations, stamp and date the documents, and enter a record of the act in her bound book. If I wanted to get even more elaborate, I'd have a collector or other firearms expert or dealer draft a brief statement attesting that he has examined the firearm and attests that it such-and-such and that I had it in my possession on such-and-such a date, and I could even drag the expert before the notary so that she could notarize his signature on the expert certification. This would probably be overkill, but you have to decide your own comfort level.

Firespectrum said:
f I take a trip back home before the 90 day mark and buy regulated firearms, pistols or normal capacity mags legally with my FL license, would they count as being possessed before becoming a resident?

Again, if you're really serious about any such scheme, first consult an attorney expert in federal firearms law. Based on your sketchy description, you may already be a resident of Maryland, according to federal ATF standards, which are found here:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

SB 281 simply says, "A person who moves into the State with the intent of become a resident shall register all regulated firearms with the Secretary within 90 days of establishing residency." So, it does not say that you have not established residency until 90 days after you've moved here. It says that once you have established residency, however that may be defined for these purposes, then you have an additional 90 days to register the regulated firearms.

aquaman · Apr 4, 2013

I would think long and hard about registering anything in MD. Once you do this the state will know for sure who has what, and in ten years time (if the courts don't step in) you can find yourself in a situation where the legislature does away with the grandfathering and comes to confiscate your guns. This is happening in NY and in California. Maybe register one gun, the rest were lost in the bay. You are all criminals if sb 281 is signed into law. Not right away but I guarantee you will be at some point.

eruby · Apr 4, 2013

aquaman said:
I would think long and hard about registering anything in MD. Once you do this the state will know for sure who has what, and in ten years time (if the courts don't step in) you can find yourself in a situation where the legislature does away with the grandfathering and comes to confiscate your guns. This is happening in NY and in California. Maybe register one gun, the rest were lost in the bay. You are all criminals if sb 281 is signed into law. Not right away but I guarantee you will be at some point.

THIS.

As the 60's saying goes, 'Register commies, not guns'.

ddeanjohnson · Apr 4, 2013

aquaman said:
I would think long and hard about registering anything in MD. Once you do this the state will know for sure who has what, and in ten years time (if the courts don't step in) you can find yourself in a situation where the legislature does away with the grandfathering and comes to confiscate your guns. This is happening in NY and in California. Maybe register one gun, the rest were lost in the bay. You are all criminals if sb 281 is signed into law. Not right away but I guarantee you will be at some point.

Aquaman offers the counsel above while safely ensconced in the great Commonwealth of Virginia. I would advise Maryland residents to comply with any Maryland criminal statute, until and unless it is declared unconstitutional by a federal or state court. The House-passed bill does not require persons who are Maryland residents on October 1, 2013, to register anything that they currently possess.

md123 · Apr 4, 2013

If someone owns regulated rifle (not handgun) are they exempt to training component for future handgun purchases?

Thought OP said so but wanted to check and see if others agreed.

ddeanjohnson · Apr 4, 2013

md123 said:
If someone owns regulated rifle (not handgun) are they exempt to training component for future handgun purchases?

Thought OP said so but wanted to check and see if others agreed.

A training requirement exemption applies to any person who "lawfully owns a regulated firearm." If I was writing the regulation, I'd say that includes a rifle regulated prior to October 1, 2013. However, in order to take advantage of this exemption in the future, it might be prudent to be sure that you have one lawfully owned regulated firearm that was transferred through the state system or voluntarily registered (as opposed to being brought in when moving to Maryland from out of state, etc.).

molonlabe · Apr 4, 2013

I don't see how a challenge could stand up. This has been the law in California since 94. I left then and they required all listed firearms to be registered. That has never been overturned. The only real recourse is to move and give the state to the criminals who run it and the criminals running loose who love them.

Cerevisiae · Apr 4, 2013

Where can i look at the latest text of the bill as approved in the house yesterday?

swinokur · Apr 4, 2013

Retired military or honorably discharged veterans?

I have a DD214

aquaman · Apr 4, 2013

ddeanjohnson said:
Aquaman offers the counsel above while safely ensconced in the great Commonwealth of Virginia. I would advise Maryland residents to comply with any Maryland criminal statute, until and unless it is declared unconstitutional by a federal or state court. The House-passed bill does not require persons who are Maryland residents on October 1, 2013, to register anything that they currently possess.

This is about making all gun owners criminal's. Thats why all the amendments to punish criminals for stealing guns etc failed. Its not about preventing crime or another Newtown. This is the first step. You really think they are going to give a shit if you had the gun prior to Oct 1, 2013? They will make an example of some poor bastard in PG or MoCo who isnt as well versed as you are, just give it time. This kind of stuff is already happening, daily in California and to some extent New York, which are still technically located USA, not some former E. bloc shit hole. Compliance now does not mean your off the hook in the future, they will find a way to make you a criminal in time.

swinokur · Apr 4, 2013

Forum rules prohibit advocating breaking any law, regardless of how onerous it may be. Of course technically it isn't a law until 1 October but the spirit of the rule is obvious.

Tashtego · Apr 4, 2013

Cerevisiae said:
Where can i look at the latest text of the bill as approved in the house yesterday?

Delegate Mike still has a PDF on his blog of the version passed out of House committee with all those amendments. It doesn't have the final couple amendments that passed yesterday that this thread references in its update to post 1, but it has most everything else.

Schwabe · Apr 4, 2013

Did I just read that tough-as-nails, big mouth Clandestine has already his paperwork ready to register his legally owned firearms to be compliant with a bill that is not even law yet???? Is that the same Clandestine who hasn't been to a single event in Annapolis??? The one who is still supporting the MSP for taking now close to two months to not disapprove ???? :shrug:

Sent from my DROID RAZR using Tapatalk 2

ddeanjohnson · Apr 4, 2013

Cerevisiae said:
Where can i look at the latest text of the bill as approved in the house yesterday?

It is not yet posted on the General Assembly website. When it is posted, it will be here:
http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=02&id=sb0281&tab=subject3&ys=2013RS

Be careful -- there are multiple earlier versions posted there, and the do not do a very good job of labeling them.

ddeanjohnson · Apr 4, 2013

Tashtego said:
Delegate Mike still has a PDF on his blog of the version passed out of House committee with all those amendments. It doesn't have the final couple amendments that passed yesterday that this thread references in its update to post 1, but it has most everything else.

By my count, there were ten (10) amendments adopted on the floor, some of them pretty important, at least for certain groups of people.

ddeanjohnson · Apr 4, 2013

swinokur said:
Retired military or honorably discharged veterans?

I have a DD214

The printed version of the bill with all the House amendments integrated is not yet available on line. Based on the amendments that were adopted on the floor, the following class of persons is exempt from the entire handgun qualification license requirement: ". . . an active or retired member of the armed forces of the United States or the National Guard." As amended on the House floor, this exemption applies only to those over age 21, and a person under age 21 may not be issued the license.

In addition, the following class of persons is exempted only from the training requirement of the handgun qualification license scheme: ". . . an honorably discharged member of the armed forces of the United States or the National Guard."

SB 281: A summary of some key provisions as passed by the House

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