MD Home defense laws for non-residents?

Frostburg · Apr 17, 2020

So I have a rather unique situation. I am a former resident of Maryland, but am a current resident of Washington, D.C. My girlfriend is a resident of Maryland and that is where her apartment is located.

I want to bring my 12 ga shotgun, and leave it at her apartment for the purpose of defending her apartment should the need arise. Since I do not wish to go through the extensive hoops to get a registration to keep my shotgun at my apartment in D.C., I will keep it at her apartment. While there, she will not have access to the weapon as it will be fitted with an Omega breech lock, of which only I will have the key. This is upon her request.

While visiting her apartment, I would utilize the shotgun in defense of the apartment should the need arise. Since I possess a D.C. driver's license, and am not on the lease at her apartment, even though I might stay there for several nights at a time, would I be in any legal trouble in using the shotgun in self defense while staying there? Is there any legal issue in keeping the shotgun there while I am in D.C.?

Sorry for the silly question, but I want to avoid any potential issues where either of us could get into any legal trouble.

danb · Apr 17, 2020

ok, so first, as a DC resident, how exactly did you come to own it without registering it (I am not clear on DC registration requirements). But that will be your first problem. Arent you required to register it as a resident when you become a resident?

Second, I don't think "Omega breech lock" is sufficient to avoid constructive possession. Is your girlfriend a prohibited person?

Frostburg · Apr 17, 2020

I am a former Maryland resident; I purchased the shotgun as a Maryland resident. It has remained in Maryland even once I became a D.C. resident. She shotgun has never entered D.C. lines. And as far as I know, she is not a prohibited person.

Frostburg · Apr 17, 2020

danb said:
ok, so first, as a DC resident, how exactly did you come to own it without registering it (I am not clear on DC registration requirements). But that will be your first problem. Arent you required to register it as a resident when you become a resident?

Second, I don't think "Omega breech lock" is sufficient to avoid constructive possession. Is your girlfriend a prohibited person?

And from what I understand, the Omega Breech lock is legally recognized in Maryland and California by the DOJ. But I could be wrong.

danb · Apr 17, 2020

You should check DC law. When you became a resident of DC it probably needed to be registered regardless of location.

Inigoes · Apr 17, 2020

The simplest answer:

Buy her, her own shotgun!

PS - Don't forget to add a stack on gun locker, for safe storage.

PowPow · Apr 17, 2020

Get married?

Frostburg · Apr 17, 2020

My understanding is that D.C. only requires residents to register firearms that are inside the city. Firearms that are not in the city shouldn't need to be registered. Atleast that's my basic understanding.

My question is would I be in any trouble by shooting an intruder while in her apartment? Would the Maryland police charge me since I am not a resident of her apartment?

Inigoes · Apr 17, 2020

You would be in no more trouble shooting someone in her apartment in self-defense, than if you shot someone in your own apartment in self-defense.

All bets are off, if you just shoot someone (aka "an intruder to you") in her apartment.

danb · Apr 17, 2020

Inigoes said:
You would be in no more trouble shooting someone in her apartment in self-defense, than if you shot someone in your own apartment in self-defense.

All bets are off, if you just shoot someone (aka "an intruder to you") in her apartment.

This.

But also, all bets are off if OPs "basic understanding" of D.C. laws are wrong, or if said girlfriend is a prohibited person.

Not sure I would trust my future liberty to an Omega lock and a not so nice friendly AG.

Frostburg said:
My understanding is that D.C. only requires residents to register firearms that are inside the city. Firearms that are not in the city shouldn't need to be registered. Atleast that's my basic understanding.

My question is would I be in any trouble by shooting an intruder while in her apartment? Would the Maryland police charge me since I am not a resident of her apartment?

MD requires you to register if you are a resident regardless of location. I think you should double check D.C. law, seems strange to me that you would not need to register long guns just because they are outside D.C.

Frostburg · Apr 17, 2020

danb said:
This.

But also, all bets are off if OPs "basic understanding" of D.C. laws are wrong, or if said girlfriend is a prohibited person.

Not sure I would trust my future liberty to an Omega lock and a not so nice friendly AG.

MD requires you to register if you are a resident regardless of location. I think you should double check D.C. law, seems strange to me that you would not need to register long guns just because they are outside D.C.

AFAIK, MD does not require the registration of long guns, only handguns.

danb · Apr 17, 2020

Frostburg said:
AFAIK, MD does not require the registration of long guns, only handguns.

MD requires registration of regulated firearms, which could be handguns or "assault rifles" owned before 2013.

Point being, MD requires you to register if you are a resident regardless of location of the guns (within 90 days of becoming a resident).

I think it would be weird if D.C. did not have similar requirements.

Frostburg · Apr 17, 2020

danb said:
MD requires registration of regulated firearms, which could be handguns or "assault rifles" owned before 2013.

Point being, MD requires you to register if you are a resident regardless of location of the guns (within 90 days of becoming a resident).

I think it would be weird if D.C. did not have similar requirements.

Yes, but I am using a standard pump action shotgun here, not a handgun or "assault rifle," thus no registration is required.

As far as D.C. law goes, I will need to research that. I have been calling the Washington, D.C. Police Firearm registration Department for the past hour and have been unable to reach anyone.

Frostburg · Apr 17, 2020

Inigoes said:
You would be in no more trouble shooting someone in her apartment in self-defense, than if you shot someone in your own apartment in self-defense.

All bets are off, if you just shoot someone (aka "an intruder to you") in her apartment.

Can you explain the second line in your post? It seems to disagree with the first line.

danb · Apr 17, 2020

Frostburg said:
Can you explain the second line in your post? It seems to disagree with the first line.

What if its her other boyfriend?

in other words, if you shoot someone in her apartment you better be sure its a real threat, not her brother, ex boyfriend whoi still has a key and was drunk, or drug dealer.

My further 0.02, since you didnt ask, is if you are leaving a shotgun there, put a ring on her finger.

Frostburg · Apr 17, 2020

danb said:
What if its her other boyfriend?

in other words, if you shoot someone in her apartment you better be sure its a real threat, not her brother, ex boyfriend whoi still has a key and was drunk, or drug dealer.

My further 0.02, since you didnt ask, is if you are leaving a shotgun there, put a ring on her finger.

Makes sense. I'm planning on getting a Nightlock Barricade for her front door as well, just to make sure, lol.

As for the ring, I'm sure she would like that, lol.

Bob A · Apr 17, 2020

danb said:
You should check DC law. When you became a resident of DC it probably needed to be registered regardless of location.

I don't see DC having jurisdiction over property that is outside of DC.

Threeband · Apr 17, 2020

Maryland only requires registration of handguns/scary long guns for new residents.

No one need register a shotgun.

OP, you are likely to be arrested if you shoot someone, even if they decide later not to prosecute. Best to avoid shooting anyone, or needing to.

danb · Apr 17, 2020

Bob A said:
I don't see DC having jurisdiction over property that is outside of DC.

My advice for any gun used for SD is make sure all laws are at all times followed, because an anti-gun AG may try to jam you up if you shoot someone of the wrong tribe. They can refer a case. Now you could be right, but it may take 6 figures to prove you are right. And, self defense legal insurance may not pay out if you have not followed all laws.

So if D.C. law says all guns owned by D.C. residents have to be registered, I would follow that law, or move out of D.C.

Inigoes · Apr 17, 2020

Frostburg said:
Can you explain the second line in your post? It seems to disagree with the first line.

Castle Doctrine is Maryland, does not cover only your "residence", it also covers anywhere you stay temporarily, such is if you were on a trip in Maryland, and someone breaks into your hotel room while you were on a overnight hunting trip per se.

As for the other sentence, you need to feel comfortable what goes on at her place.

People are strange and they can do stranger things, than what you could ever dream up.

MD Home defense laws for non-residents?

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