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Old July 8th, 2019, 06:55 PM #21
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If you think you may be caught with an unregistered gun that maybe should have been registered, the best plan of action is to immediately go to Baltimore City, sell a little heroin and shoot one or two competitors.

That's the only real way to avoid any jail time.
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Old July 8th, 2019, 08:40 PM #22
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Quote:
Originally Posted by J Beard View Post
Also prior to Oct 1996, face to face sale of handguns was still legal with no requirement to register.
Also people who moved to Maryland with handguns prior to Oct.1, 2013 were not required to register them.
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Old July 8th, 2019, 09:21 PM #23
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Quote:
Originally Posted by Bertfish View Post
The way I gather it is this

Registration is voluntary. If you don't volunteer your transfer is denied. But if there is no penalty for failing to register what compels me to go through MSP at all? Well the law says you must. Yes but the law provides no penalty so therefore is toothless.

Shouldve put this in the WC
Not quite.

That "Voluntary Registration" phrase causes a lot of cynical confusion, but it arises from the fact that the Maryland Form 77r is actually used for two distinct purposes.

The first and most common use of the form is to carry out the transfer of the handgun to a new owner, This involves extensive background checks and a seven day waiting period. A record of the transfer of ownership is kept in a database, and thus becomes a sort of registration: the only sort of registration in Maryland. (A few other states have stricter forms of registration.)

A handgun may be legally owned without being in the "registration" database. It could have been bought in a store before 1966. It could have been privately purchased before 1996. It could be a family heirloom or wartime bring-back, pre 1966. It could have been purchased by a collector with a Federal Firearms License (03). It could have been purchased by a resident of another state, who subsequently moved to Maryland. Until 2013, there was no requirement for new residents to register such handguns. There must be many, many legally owned handguns in Maryland which are not "registered", because the law does not require them to be.

But that leads to the second function of the Form 77r, Voluntary Registration. Because the system is only set up to record transfers of ownership, what do you do if you want your handgun to be included in the registry? Sell it to someone, then buy it back from them?

Crazy as it may seem to many privacy-conscious people here, there are people who may want to enter their handguns into the database. They may want the legal status of the gun to be unambiguous. Perhaps they carry the gun with a W&C permit, and want to prevent any confusion should the serial number be checked by law enforcement. (I've heard of Pennsylvania police doing that, and confiscated carry guns not found in the Pennsylvania database.) Or perhaps they are just starry-eyed fools.

For whatever reason, a mechanism was desired to allow people to enter their handguns into the Transfer Database without doing a transfer. Remember, guns are only registered when they change ownership, sort of like vehicle inspections, come to think of it.

To keep it simple, the same Form 77r is used for both purposes: the Transfer of Ownership, which secondarily includes registration, and a voluntary entry into the registration database, which involves no change of ownership.

Those are two separate functions, with the same form used for both.

When you transfer a handgun on a Form 77r, you are not "voluntarily" registering it. That's a different process which doesn't apply to a transfer of ownership.
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Old July 10th, 2019, 07:39 AM #24
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Quote:
Originally Posted by Threeband View Post
Not quite.

That "Voluntary Registration" phrase causes a lot of cynical confusion, but it arises from the fact that the Maryland Form 77r is actually used for two distinct purposes.

The first and most common use of the form is to carry out the transfer of the handgun to a new owner, This involves extensive background checks and a seven day waiting period. A record of the transfer of ownership is kept in a database, and thus becomes a sort of registration: the only sort of registration in Maryland. (A few other states have stricter forms of registration.)

A handgun may be legally owned without being in the "registration" database. It could have been bought in a store before 1966. It could have been privately purchased before 1996. It could be a family heirloom or wartime bring-back, pre 1966. It could have been purchased by a collector with a Federal Firearms License (03). It could have been purchased by a resident of another state, who subsequently moved to Maryland. Until 2013, there was no requirement for new residents to register such handguns. There must be many, many legally owned handguns in Maryland which are not "registered", because the law does not require them to be.

But that leads to the second function of the Form 77r, Voluntary Registration. Because the system is only set up to record transfers of ownership, what do you do if you want your handgun to be included in the registry? Sell it to someone, then buy it back from them?

Crazy as it may seem to many privacy-conscious people here, there are people who may want to enter their handguns into the database. They may want the legal status of the gun to be unambiguous. Perhaps they carry the gun with a W&C permit, and want to prevent any confusion should the serial number be checked by law enforcement. (I've heard of Pennsylvania police doing that, and confiscated carry guns not found in the Pennsylvania database.) Or perhaps they are just starry-eyed fools.

For whatever reason, a mechanism was desired to allow people to enter their handguns into the Transfer Database without doing a transfer. Remember, guns are only registered when they change ownership, sort of like vehicle inspections, come to think of it.

To keep it simple, the same Form 77r is used for both purposes: the Transfer of Ownership, which secondarily includes registration, and a voluntary entry into the registration database, which involves no change of ownership.

Those are two separate functions, with the same form used for both.

When you transfer a handgun on a Form 77r, you are not "voluntarily" registering it. That's a different process which doesn't apply to a transfer of ownership.
Wow. Thank you for that info.
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Old July 10th, 2019, 10:07 AM #25
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But it's only plausible for people of certain ages , with guns of certain mfg dates, that have not had any other recorded transactions or events in the interviening years .
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Old July 10th, 2019, 11:29 AM #26
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What is the penalty for failure to register regulated firearm?

"Also people who moved to Maryland with handguns prior to Oct.1, 2013 were not required to register them."

This is what I have understood for years and years, but I'm not finding where the Maryland Public Safety Code Title 5 gives that protection. I've read through the law multiple times over the years, and would like to be able to cite the title and subtitle that protects my legal possession of older weapons without registering currently regulated firearms.

Thanks
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Old July 10th, 2019, 12:23 PM #27
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Sorry for dumb question..

Just for clarification on 2 specific cases, since this whole thing is so convoluted..

1: If every gun someone owns was bought through a legal gun store in MD, there is no law which would have compelled someone to proactively file additional paperwork for existing guns to remain legal..

2: If someone got a gun as a gift, or via a will after death, from a legal out of state family member, would paperwork be required to bring that gun into MD?

This is so un-necessarily confusing!

TIA!

-Steve
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Old July 10th, 2019, 01:18 PM #28
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Quote:
Originally Posted by thimoty View Post
"Also people who moved to Maryland with handguns prior to Oct.1, 2013 were not required to register them."

This is what I have understood for years and years, but I'm not finding where the Maryland Public Safety Code Title 5 gives that protection. I've read through the law multiple times over the years, and would like to be able to cite the title and subtitle that protects my legal possession of older weapons without registering currently regulated firearms.

Thanks
The law that REQUIRES registration was part of FSA 2013, and only applies to new residents.

There is no law that says that anyone else MUST register anything.

Any handgun, sold by a dealer in MD, after 1966 is registered. But that was "voluntary."
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Old July 10th, 2019, 05:12 PM #29
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That so-called "registration" of the gun sold by the dealer was just a part of the transfer.

Voluntary registration occurs when no transfer of ownership occurs. It's a different bureaucratic process.

The same form is used for two different situations: First and most common, for a transfer of ownership, such as a purchase. Since the record of the sale goes into the database, it is a sort of back-handed "registration."

The second situation is the Voluntary Registration, which I suspect is not too common. That's where someone already owns the gun, and while there is no legal requirement for them to "register" it, the owner decides they want the Imprimatur of Legality to "legitimize" their possession of the gun.

Last edited by Threeband; July 10th, 2019 at 07:36 PM.
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Old July 10th, 2019, 05:14 PM #30
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Back @ post #27 :

1. No
2. Yes ( Presuming this occured after 1968 )
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