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

IGOR455 · Apr 3, 2013

we had tp register the banned weapons when we purchased them, unless the state police lost all the records and then the store would have the fed form as well as a record of the sale if you didnt have your own copies

ddeanjohnson · Apr 3, 2013

Metaterra said:
If I list a 30 round magazine for sale on Craigslist, A Maryland section, while requiring that the transfer (sale) occurs in Virginia, is that illegal? Let's assume Craigslist's servers are in California.

I cannot give you legal advice. Also, I don't know. I personally would not do what you describe. Under the current law, it is unlawful to "offer for sale" such a magazine. I do not know whether you would be deemed to violate that prohibition by sitting in Maryland and "publishing" such a solicitation in Maryland, even if your listing contained such a condition on sale. Why risk it?

(The only thing that the bill changes, on this matter, is to lower the limit from 20 rounds to 10 rounds.)

By the way, I think if you check with Craigslist they would tell you that such an advertisement would violate their terms of use.

ddeanjohnson · Apr 3, 2013

Stealthy said:
Alright.. So can grandfathered rifles be transferred? If say... "I own a legal ar15 that gets grandfathered"... How do I sell it? Can I sell it? You must be able to sell it... So then people can therefore buy grandfathered weapons within MD? ..?

You would only be able to sell it out of state, either to an FFL or to a private individual with the usual federal requirements for transfer via an FFL in the buyer's state. Within Maryland, it could only be passed on by inheritance. Well, it might be deemed legal to sell it to a law enforcement agency in Maryland -- I'm not sure about that.

ddeanjohnson · Apr 3, 2013

Klunatic said:
I thought transfers to family members was allowed after Oct 1?

For "assault" weapons? Only by inheritance, as I read it.

ddeanjohnson · Apr 3, 2013

Klunatic said:
I cornered Dumais after the bills passage. She said they amended the bill to allow police officers to off duty carry in schools. Did this make it into the bill?

Yes and no. The House agreed on an amendment to allow "an off-duty law enforcement officer who is a parent, guardian, or visitor of a student attending a school located on the public school property" to carry a firearm on public school property, "provided that: (I) the officer is displaying the officer's badge or credential; and (II) the weapon carried or possessed by the officer is concealed."

ddeanjohnson · Apr 3, 2013

Schipperke said:
4. A semiautomatic RIMFIRE rifle would never be an "assault" weapon under this bill. OK , I'm being serious. Does this mean a scary looking 22LR built on an AR platform is legal with a 10rd mag? Can't Lowers just be sold marked 22LR ?

This memo by Attorney General Gansler might be of interest to you:
http://www.oag.state.md.us/Opinions/2010/95oag101.pdf

With respect to the bill's ban on certain rifles, the bill clearly limits this to "centerfire" rifles.

CardBoardBoxProcessor · Apr 3, 2013

hahaha "and all imitations
except Colt AR-15 Sporter H-BAR rifle;" they kept that thing in there?

also what about AR-10s? they are AR-15 looking but not. I do not see them listed.

ddeanjohnson · Apr 3, 2013

CardBoardBoxProcessor said:
hahaha "and all imitations
except Colt AR-15 Sporter H-BAR rifle;" they kept that thing in there?

also what about AR-10s? they are AR-15 looking but not. I do not see them listed.

See my response to 36chambers on page 4 of this thread. You simply go through the same analysis for any particular semiauto centerfire rifle, like this: (1) Is it on the list of named rifles? (2) If not, is it a "copy" of one of the named rifles? (See the Gansler memo linked above for guidance on what the State Police will regard as a "copy.") (3) If not, then is it a "copycat" rifle? -- meaning not a copy of anything, but a centerfire rifle that meets the tests set forth the bill, as described in paragraph no. 3 of the summary in my original post.

If the answer to all these questions is "no," then it is not banned. If the answer is "yes" to any one of the questions, then it is banned.

The tests for semiauto pistols and shotguns are different, as explained in the OP.

BobDobbs · Apr 3, 2013

ddeanjohnson said:
See my response to 36chambers on page 4 of this thread. You simply go through the same analysis for any particular semiauto centerfire rifle, like this: (1) Is it on the list of named rifles? (2) If not, is it a "copy" of one of the named rifles? (See the Gansler memo linked above for guidance on what the State Police will regard as a "copy.") (3) If not, then is it a "copycat" rifle? -- meaning not a copy of anything, but a centerfire rifle that meets the tests set forth the bill, as described in paragraph no. 3 of the summary in my original post.

If the answer to all these questions is "no," then it is not banned. If the answer is "yes" to any one of the questions, then it is banned.

The tests for semiauto pistols and shotguns are different, as explained in the OP.

So it sounds like almost all the heavy barreled rifles with adjustable stocks and a flash hider are going to qualify as copycat weapons even if they're cash and carry right now. So so so dumb. :mad54:

Tashtego · Apr 4, 2013

BobDobbs said:
So it sounds like almost all the heavy barreled rifles with adjustable stocks and a flash hider are going to qualify as copycat weapons even if they're cash and carry right now. So so so dumb.

Not "adjustable" stocks--"folding" stocks, right? That's a big difference, is it not?

circadia · Apr 4, 2013

BobDobbs said:
So it sounds like almost all the heavy barreled rifles with adjustable stocks and a flash hider are going to qualify as copycat weapons even if they're cash and carry right now. So so so dumb.

Tashtego said:
Not "adjustable" stocks--"folding" stocks, right? That's a big difference, is it not?

Tashtego is correct. A flash hider and a folding stock would make it a copycat, but a flash hider and a adjustable stock would still be okay.

Cherokee_90 · Apr 4, 2013

I purchased a firearm on 2/23, still waiting for the background check. With the new bills popping up, am I in the clear? Will my form be disapproved?

ddeanjohnson · Apr 4, 2013

Cherokee_90 said:
I purchased a firearm on 2/23, still waiting for the background check. With the new bills popping up, am I in the clear? Will my form be disapproved?

I do not know whether your form will be disapproved. But nothing in the new bill will affect your paperwork. The bill will not take effect until October 1, 2013.

sykesville · Apr 4, 2013

Afrikeber said:
I thought honorably discharged veterans where exempt from the training requirement as well? Your stating only retired vets?

Answer to this?

ddeanjohnson · Apr 4, 2013

sykesville said:
Answer to this?

A 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."

sykesville · Apr 4, 2013

Saw a lot of people hunting deer with AR15 looking rifles last year. If they are banned, and people legally own them, can they still use them to hunt?

sykesville · Apr 4, 2013

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

sykesville · Apr 4, 2013

ddeanjohnson said:
A 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."

Thanks

ddeanjohnson · Apr 4, 2013

sykesville said:
Saw a lot of people hunting deer with AR15 looking rifles last year. If they are banned, and people legally own them, can they still use them to hunt?

As you phrased the question, yes -- the bill does not change anything about that.

Keep in mind that under current Maryland law/regulations, rifles used for deer and bear hunting must use ammunition developing a muzzle energy of at least 1,200 foot pounds. Also, it is only lawful to hunt with ammunition of soft point (expanding) construction; all military, full metal jacketed, incendiary or tracer bullets are prohibited. The rifle, while hunting deer or bear, may not be loaded with more than 8 cartridges.

Tebonski · Apr 4, 2013

Maybe someone can help me understand this? The Colt Hbar is exempt, is a Rock River National Match Ar also exempt because it's a copy of the Colt Hbar? Or does the writing on the barrel and receiver indicating what company made the rifle determine it's legality here in the People's Democratic Republic of Maryland, Boss owemallie presiding. Thanks...

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

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