Non resident, stationed in maryland

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  • PAPA_E

    Member
    May 14, 2019
    3
    I am active duty military, and am a resident of florida. I plan on retaining that voting through florida, keeping my vehicles registered in florida, and moving back to florida once this very involuntary duty station is over.

    I have Several AR's, and a AK47
    I have 3 handguns

    My real question is if im a nonresident being stationed in Maryland am I better off storing my guns out of state till i leave? Less than ideal but I really dont want to get arrested. All my AR's have aftermarket match barrels so I dont know how the H-Bar clauses applies, because they also have collapseable stocks, muzzle breaks(not flashhiders), non are fixed magazines, and all have rails but no bayonet lug.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    This is my opinion and what i would do for me , i would safely store them in Florida your primary residence . Avoid Maryland at all cost , they would love to make an example out of you .
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,487
    Crofton
    If you owned the rifles prior to October 2013, they are fine to bring in. If you got them later, the ARs are ok to bring in if the barrels are marked HBar or advertised or described as HBar. If you got the AK after October 2013, you can’t have it in the state. The handguns are ok to bring in.


    Just out of curiosity, what barrels do you have on the ARs?
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    IF you owned the ARs and AKs before Oct 2013 then you are ok.

    If not, then leave them at home. Pistols should be ok though. (And the ARs if they have "hbar" barrels)

    That said, I am not a lawyer. You should definitely get the opinion of a lawyer.
     

    PAPA_E

    Member
    May 14, 2019
    3
    The barrels are match barrels I bought through the local gunsmith, I shoot around 15K rounds a year so I dont remember what barrels we went with this time but i believe they are not marked Hbar, they have surefire socom breaks on them. I am more than willing to simply buy new barrels and have those put on the guns to bring them in. I am fine with leaving the AK all guns were bought after 2013
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    The barrels are match barrels I bought through the local gunsmith, I shoot around 15K rounds a year so I dont remember what barrels we went with this time but i believe they are not marked Hbar, they have surefire socom breaks on them. I am more than willing to simply buy new barrels and have those put on the guns to bring them in. I am fine with leaving the AK all guns were bought after 2013

    AK is a no-go then.

    Rebarrelling the ARs is ok.

    Are any of the ARs pistols?
     

    sasd18

    Active Member
    Oct 29, 2017
    110
    Or throw an SBA3 on it? Make it a pistol. Not sure how this applies if the barrel is 16”
     

    PAPA_E

    Member
    May 14, 2019
    3
    the rifles I have are 16" with socom breaks, or 18" with socom breaks

    The pistols i have are a G17, G43, Shield 9mm, and a Rugar RedHawk
     

    WildWeasel

    Active Member
    Mar 31, 2019
    468
    MI>FL>MD
    I was just restationed here from FL as well, so I feel your pain. On a positive note, the HQL garbage is waived for us, and we can access the Fort Meade PX gun shop in addition to everything off base.

    I'd look into your current barrel situation further; match barrels can be HBAR profile, and since the original wording of the law allowing HBARs was created to allow 'match'/competition rifles to be purchased, it may work out. For me, it was fairly simple; one is stamped "HBAR" in addition to being purchased pre 2013, and the other is advertised as such on the manufacturer's website. I took a screenshot of it to keep in case there's ever any doubt.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I am active duty military, and am a resident of florida. I plan on retaining that voting through florida, keeping my vehicles registered in florida, and moving back to florida once this very involuntary duty station is over.

    I have Several AR's, and a AK47
    I have 3 handguns

    AK bought after Oct 1, 2013 is a no go as mentioned before
    All of your handguns are fine.

    My real question is if im a nonresident being stationed in Maryland am I better off storing my guns out of state till i leave? Less than ideal but I really dont want to get arrested. All my AR's have aftermarket match barrels so I dont know how the H-Bar clauses applies, because they also have collapseable stocks, muzzle breaks(not flashhiders), non are fixed magazines, and all have rails but no bayonet lug.

    Collapsable stock is a non-issue.

    Magazine type is a non-issue, as is capacity so long as you purchased standard capacity magazines outside of Maryland, they are perfectly legal to own and use in Maryland.

    Muzzle break should be a non issue.

    The barrels do NOT need to be marked HBAR or heavy barrel so long as they are marketed as such, the documentation on them states as such, or the container they came in was marked as such.

    Rails and bayonet lugs are non-issues as well.

    Welcome to Maryland.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I am active duty military, and am a resident of florida. I plan on retaining that voting through florida, keeping my vehicles registered in florida, and moving back to florida once this very involuntary duty station is over.

    I have Several AR's, and a AK47
    I have 3 handguns

    My real question is if im a nonresident being stationed in Maryland am I better off storing my guns out of state till i leave? Less than ideal but I really dont want to get arrested. All my AR's have aftermarket match barrels so I dont know how the H-Bar clauses applies, because they also have collapseable stocks, muzzle breaks(not flashhiders), non are fixed magazines, and all have rails but no bayonet lug.

    I don't give legal advice on the fora and this is not legal advice. Don't rely on it. I would hate to see a service member get into trouble. Some considerations that you may wish to raise with your legal counsel:

    Under 18 U.S.C. 921(a)(35)(B), " a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located." So, where is your "permanent duty station located"? Note, Maryland law does not have a counterpart to this provision for purposes of these gun control laws. But for the hunting laws (licenses and such), Maryland law defines resident to include "a member of the armed forces of the United States who is on active duty and stationed officially in the State." MD Code, Natural Resources, § 10-101(s)

    Note further that MD Code, Public Safety, § 5-143 imposes a registration requirement on "regulated firearms" for a person who "moves into the State with the intent of becoming a resident." That includes all pistols and Non-HBAR AR15s and AKs. "Resident" for that purpose is not defined in Maryland statutory law. A failure to register within 90 days is a crime punishable by up to 5 years in prison under MD Code, Public Safety, § 5-144.

    In Maryland (like other states) the term "resident" can mean different things in different statutes and in different contexts. Forbes v. Harleysville Mut. Ins. Co., 322 Md. 689, 589 A.2d 944 (1991) (holding that the meaning of "resident" is determined by the "totality of the circumstances."). See also Attorney Grievance Com'n of Maryland v. Josep, 422 Md. 670, 31 A.3d 137 Md.,2011. ("it is clear, pursuant to California case law, that the statute uses the term “resident” in the ordinary, common sense fashion, meaning a place where one has an “abode of some permanency,” rather than as a synonym for domicile.") Here is the principle: "If the language of the statute is ambiguous, . . . then ‘courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives and purpose of [the] enactment [under consideration].’" Mundey, 396 MD at 665-66, quoting Fraternal Order of Police v. Mehrling, 343 Md. 155, 174, 680 A.2d 1052, 1062 (1996) (quoting Tucker v. Fireman's Fund Ins. Co., 308 Md. 69, 75, 517 A.2d 730, 732 (1986)). ‘[T]he meaning of the plainest language is controlled by the context in which it appears.’ State v. Pagano, 341 Md. 129, 133, 669 A.2d 1339, 1341 (1996)
     

    WildWeasel

    Active Member
    Mar 31, 2019
    468
    MI>FL>MD
    Not sure how long it will take, but after having a law firms webpage open in my tabs for a couple of weeks, I contacted them. Not sure how long it will take, but I'll gladly share what I can once they do lawyer things and back with me.
     

    pp55ftw

    Member
    Jan 8, 2019
    62
    Same situation brother. Called the Maryland State Police in Jan before the PCS and bottom line the trooper said leave the uppers out of state unless they expressly say "HBAR" or "Heavy Barrel". Anything other, even non-gov/standard profile barrels like "SOCOM" barrels that are heavier than standard are a grey area and I just think its not worth the hassle. Everything else is good to go.

    I come from CA (CA resident) so I'm already breathing a bit easier lol.
     

    copasetic

    Member
    Sep 15, 2017
    231
    Montgomery County
    Just a clarification on the SOCOM... Colt website states the following: "Barrel Description: Chrome-Lined Socom Heavy Profile" - this is directly from their website. You can legally purchase a Colt SOCOM in MD.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,530
    Columbia
    Same situation brother. Called the Maryland State Police in Jan before the PCS and bottom line the trooper said leave the uppers out of state unless they expressly say "HBAR" or "Heavy Barrel". Anything other, even non-gov/standard profile barrels like "SOCOM" barrels that are heavier than standard are a grey area and I just think its not worth the hassle. Everything else is good to go.

    I come from CA (CA resident) so I'm already breathing a bit easier lol.



    That trooper is giving you advice that is not consistent with MSP advice.
    They have stated that the barrel must be advertised and sold as a HBAR. It does not have to be marked as such. (Although it certainly helps)


    Sent from my iPhone using Tapatalk
     

    pp55ftw

    Member
    Jan 8, 2019
    62
    Just a clarification on the SOCOM... Colt website states the following: "Barrel Description: Chrome-Lined Socom Heavy Profile" - this is directly from their website. You can legally purchase a Colt SOCOM in MD.

    Yes, that's only for Colts. I have a BCM SOCOM upper and it doesn't directly say it is a "heavy" profile...only that it was used by SOCOM and was heavier than a normal AR barrel profile but because BCM didn't come out and directly use the words "HEAVY BARREL/PROFILE" it was still subject to review. I just wanted to avoid the hassle.
     

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