1978 gun registration?

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  • ExTexan

    Member
    Oct 14, 2018
    5
    I just moved to Maryland from Texas. I brought with me the Bauer .25 semiautomatic (a clone of the Baby Browning) that I bought in 1978. I have the original bill of sale.

    Do I need to register this gun with the MD state police? I'm really not clear on the interpretation of the law about pre-1985 handguns.

    Also, there is a 90 day allowance for registration. If I passed that time period, what would be the penalty? That's another thing I can't seem to find in the law.

    (If you know where it is, I'd like to know where to look so I can see it for myself.)
     

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,761
    joppa
    I can't help you with the answers to your questions, sorry, but my suggestion to you is turn around and head back home. From Texas to here will not make you happy.
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    Do I need to register this gun with the MD state police?

    Yes. You must register all "regulated firearms" (a Maryland term, means all modern handguns and some "assault rifles" which are now banned here but you are allowed to bring them if you possessed them prior to 10/1/13) with the State Police within 90 days of moving to Maryland with the intent to become a resident.

    If I passed that time period, what would be the penalty? That's another thing I can't seem to find in the law.

    That part is a good question. The registration requirement is governed by Maryland Public Safety Code, [url-https://law.justia.com/codes/maryland/2017/public-safety/title-5/subtitle-1/section-5-143/]§ 5-143[/url] and there isn't a penalty for violations in that section. I also can't find any penalties for violating this subsection anywhere in Title 5, Subtitle 1, which is what covers Regulated Firearms.
     

    ExTexan

    Member
    Oct 14, 2018
    5
    Thank you for your replies, but so far, all you've done is repeat the same information I already have. The language is unclear: are handguns manufactured before 1985 guns that you cannot *own*, or are they guns that do not have to be *registered*?

    I, also, could not find anything in the code that stated what the penalty was for passing the 90 day period, which makes it sound as if there *is* no penalty. California has a very similar law (the only state that does), and *they* say that if you pass that date, just go ahead and register the gun, nobody will give you any problem over it.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    This is the URL for the MSP registration requirement for new residents. I believe there are exemptions if you're in the military and not a permanent resident.

    The exemption is if you do not establish residency.

    For military, on active duty and orders, do not have establish residency in the state they are assigned. They can maintain a single state of residency as they move around. Most pick Texas of Florida, as they do not have state incomes taxes.

    Full time students are also exempt.

    Everyone else has to establish residency if they live here 185 days or more a year.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Thank you for your replies, but so far, all you've done is repeat the same information I already have. The language is unclear: are handguns manufactured before 1985 guns that you cannot *own*, or are they guns that do not have to be *registered*?

    I, also, could not find anything in the code that stated what the penalty was for passing the 90 day period, which makes it sound as if there *is* no penalty. California has a very similar law (the only state that does), and *they* say that if you pass that date, just go ahead and register the gun, nobody will give you any problem over it.

    All handguns are regulated firearms. Even if purchased before 1985, have to registered.

    However, the "ban" only applies to ones purchased on or after the effective date of the law that banned them.

    So you can bring it in, but you have to register it.

    As for the penalty, do you want to be the test case? And possibly found guilty and lose your right to own firearms?
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    The language is unclear: are handguns manufactured before 1985 guns that you cannot *own*, or are they guns that do not have to be *registered*?

    Where are you getting anything about 1985? If it is a modern handgun (i.e. not a blackpowder antique) you must register it with MSP when you move here, period.
     

    ExTexan

    Member
    Oct 14, 2018
    5
    All handguns are regulated firearms. Even if purchased before 1985, have to registered.

    However, the "ban" only applies to ones purchased on or after the effective date of the law that banned them.

    So you can bring it in, but you have to register it.

    As for the penalty, do you want to be the test case? And possibly found guilty and lose your right to own firearms?

    If it wasn't patently obvious...that date has already passed. That's why I want to know what the penalty is. If it's a fine, I'll happily pay it. If it's prison time, I'll quietly get rid of it out of state. Or turn it in for destruction, if that's a good option. I'd prefer to get it registered and keep it for my own use, even if it costs me some money. It currently goes for $300. It would make financial sense to pay any fine up to that amount, in order to keep it.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Yes. You must register all "regulated firearms" (a Maryland term, means all modern handguns and some "assault rifles" which are now banned here but you are allowed to bring them if you possessed them prior to 10/1/13) with the State Police within 90 days of moving to Maryland with the intent to become a resident.



    That part is a good question. The registration requirement is governed by Maryland Public Safety Code, [url-https://law.justia.com/codes/maryland/2017/public-safety/title-5/subtitle-1/section-5-143/]§ 5-143[/url] and there isn't a penalty for violations in that section. I also can't find any penalties for violating this subsection anywhere in Title 5, Subtitle 1, which is what covers Regulated Firearms.

    Violations of 5-143 are punishable under MD Code Public Safety 5-144 with up to 5 years imprisonment for violations. Attached. Consult your lawyer.
     

    Attachments

    • MD_PUBLIC_SAFETY_S_5-144_Participation.pdf
      13.9 KB · Views: 91

    ExTexan

    Member
    Oct 14, 2018
    5
    Violations of 5-143 are punishable under MD Code Public Safety 5-144 with up to 5 years imprisonment for violations. Attached. Consult your lawyer.

    That's interesting, but it does say "KNOWING" violation of code. I only just found out about this 2 days ago.

    But you're right...at this point, I think I do need to talk to a lawyer.

    Thanks!
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    Violations of 5-143 are punishable under MD Code Public Safety 5-144 with up to 5 years imprisonment for violations. Attached. Consult your lawyer.

    Thank you, Mark. I don't know how I missed that when I was looking, but I am a total amateur.

    That's interesting, but it does say "KNOWING" violation of code. I only just found out about this 2 days ago.

    But you're right...at this point, I think I do need to talk to a lawyer.

    Thanks!

    Yeah, lawyer up. This would be an offense which would disqualify you from firearms ownership in the US for life due to the length of the sentencing penalty. It does say that it has to be a "knowing" violation, but I wouldn't play with that.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    25,945
    Harford County
    Sounds like you have the registration issue figured out.
    As far as the 1985 deal, that was the year that the moron voters of this state voted for the Handgun Roster. In a nutshell any handgun manufactured since then has had to been submitted to the Handgun Roster Board for approval for sale in the state. The MSP maintains a list of approved handguns and the board meets quarterly(I think) to access new handguns for approval. Any handgun that you buy in this state, made after 1985, must be on the list.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    That's interesting, but it does say "KNOWING" violation of code. I only just found out about this 2 days ago.

    But you're right...at this point, I think I do need to talk to a lawyer.

    Thanks!

    The knowing part is called "mens rea." That requirement in Section 5-144 (then 5-143) was construed in the Chow case by the MD Court of Appeals. Give that case to your lawyer. Suggestion: Stop posting.
     

    Attachments

    • opinion.Chow.903_A_2D_388_2-26-13_1056mens.rea.pdf
      140.6 KB · Views: 78

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If it wasn't patently obvious...that date has already passed. That's why I want to know what the penalty is. If it's a fine, I'll happily pay it. If it's prison time, I'll quietly get rid of it out of state. Or turn it in for destruction, if that's a good option. I'd prefer to get it registered and keep it for my own use, even if it costs me some money. It currently goes for $300. It would make financial sense to pay any fine up to that amount, in order to keep it.

    Realize that if you dispose of it out of state, as an MD resident, you may be breaking Federal laws.

    And you still violated the state law of not registering it.

    Most likely, if you anyone asks when you register, just state you registered AS SOON AS YOU KNEW.
     

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