HB 786 Impact on C or R

Abulg1972 · Feb 26, 2019

I don't know if anyone is following the various discussions of the gun bills, but HB 786 is very problematic for 03FFLs. Unlike some of the other sections contained in the bill which do contains exemptions relating to C or R guns, proposed Section 5-204.3 does not contain an exception to the 30-day waiting period for multiple purchases of curio or relic firearms, whether by 03 FFLs or not. In addition, although proposed Section 5-204.1 states that two 03 FFLs do not need to use a MD dealer or conduct a background check to transfer a C or R firearm in Maryland and proposed Section 5-207 does not require a LGQL to purchase a C or R firearm, proposed Section 5-204.2 does not make an exception to the 7-day waiting period and execution of the transfer record for C or R firearm transfers between two 03 FFLs. So, what are two 03 FFLs supposed to do?

lazarus · Feb 26, 2019

Encourage their representatives to vote nay.

I’d wait for a full legislative analysis and/or state attorney opinion letter. I read it as treating an FFL03 to FFL03 transfer as the same as any FFL to FFL transfer. No max, no waiting, etc.

The law is absolutely ridiculously ambiguous though. Well and ridiculously bad. That too.

You also have the option of doing a C&R transfer out of state. MD law does not apply then and federal law (and the law of that state where the transfer is occurring) does. This is because you are dealing with FFL transfers. Even in Maryland.

Federal law for individuals states a transfer must be legal in the person’s home state. I haven’t heard of where it says anything like that applies to FFLs. For FFLs it is federal law and the law of the state you are standing in.

Which is why with your C&R you can transfer a C&R handgun face to face in VA and then waltz home, no 77r, no 7-day wait, etc. but when standing in MD, no such luck as you are then under Maryland jurisdiction.

Abulg1972 · Feb 26, 2019

lazarus said:
Encourage their representatives to vote nay.

I’d wait for a full legislative analysis and/or state attorney opinion letter. I read it as treating an FFL03 to FFL03 transfer as the same as any FFL to FFL transfer. No max, no waiting, etc.

There is no such thing in MD as a “full legislative analysis.” The MGA issues a 90-day report that summarizes the bills. It does not get into any level of interpretive detail, and, in any event, courts don’t pay any attention to that. I think it very unlikely that an AAG is going to write an opinion on the issue unless a pro-2A legislator asks for it.

The text of the 30-day wait section says what it says and it’s unambiguous. A person generally may not purchase or receive more than one long gun in any 30-day period. It contains exemptions but not for 03 FFLs or transfers involving C or R guns. I have a feeling that this was intentional. Of course, one could purchase the C or R gun out of state, and it could be argued that the logic behind the old AG opinion re: receiving a C or R handgun through the mail from an out of state seller applies to this situation. It’s just a curious omission. Likewise, the omission of an exemption from the 7-day wait requirement, where that exemption is found in the statute requiring the use of a dealer and NICS check is also a curious omission.

mawkie · Mar 3, 2019

I do know that MD Designated Firearm Collectors (I'm one) are exempt from the one gun a month club. That's all that it brings to the table. So would it still be in effect if this legislation makes it into law? I hate the idea of people who have zero knowledge of a subject being the ones to craft legislation for it. Guaranteed to make a mess of it.

lazarus · Mar 3, 2019

mawkie said:
I do know that MD Designated Firearm Collectors (I'm one) are exempt from the one gun a month club. That's all that it brings to the table. So would it still be in effect if this legislation makes it into law? I hate the idea of people who have zero knowledge of a subject being the ones to craft legislation for it. Guaranteed to make a mess of it.

No. FSA2013 exempts designated collectors from 1 per 30 or 2 per 60 for REGULATED firearms. This law contains no exemptions for designated collectors.

BeoBill · Mar 3, 2019

Abulg1972 said:
There is no such thing in MD as a “full legislative analysis.” The MGA issues a 90-day report that summarizes the bills. It does not get into any level of interpretive detail, and, in any event, courts don’t pay any attention to that. I think it very unlikely that an AAG is going to write an opinion on the issue unless a pro-2A legislator asks for it.

The text of the 30-day wait section says what it says and it’s unambiguous. A person generally may not purchase or receive more than one long gun in any 30-day period. It contains exemptions but not for 03 FFLs or transfers involving C or R guns. I have a feeling that this was intentional. Of course, one could purchase the C or R gun out of state, and it could be argued that the logic behind the old AG opinion re: receiving a C or R handgun through the mail from an out of state seller applies to this situation. It’s just a curious omission. Likewise, the omission of an exemption from the 7-day wait requirement, where that exemption is found in the statute requiring the use of a dealer and NICS check is also a curious omission.

The “full legislative analysis” is usually done at trial, and may or may not include the MSP's take on things at the same time, IMO.

HB 786 Impact on C or R

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