HB0004 Rifles and Shotguns - Secondary Transactions

pcfixer · Mar 17, 2020

http://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0004

"Went to the Governor for signature"

Doobie · Mar 17, 2020

Had a disagreement this morning with a friend who is a FFL in another state. He kept telling me it was illegal to do private sales or transfers of long guns in Maryland. I informed him that it most certainly was NOT illegal to do a private sale/transfer in Maryland between 2 Maryland residents that were not prohibited from possessing a firearm. I told him that it may change if Hogan signs the bill(which I believe he will :sad20:

Anyone have a link or statute that backs up my claim?

unimogger · Mar 17, 2020

Just to confirm - does the language 'THIS SECTION DOES NOT APPLY TO (1) A SALE, RENTAL, OR TRANSFER: (I) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN MANUFACTURER, DEALER, OR IMPORTER' mean that gun rentals at a range operated by an FFL would still be legal without a NICS check and documented transfer?

-and-

That that the $30 amount specified in one of the versions has been set aside and the 'REASONABLE FEE' for performing the background checks will be any amount an FFL decides to charge?

PowPow · Mar 17, 2020

unimogger said:
Just to confirm - does the language 'THIS SECTION DOES NOT APPLY TO (1) A SALE, RENTAL, OR TRANSFER: (I) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN MANUFACTURER, DEALER, OR IMPORTER' mean that gun rentals at a range operated by an FFL would still be legal without a NICS check and documented transfer?

Yes. At least that's the way I read it.

-and-

That that the $30 amount specified in one of the versions has been set aside and the 'REASONABLE FEE' for performing the background checks will be any amount an FFL decides to charge?

Yes.

JTH20 · Mar 17, 2020

unimogger said:
Just to confirm - does the language 'THIS SECTION DOES NOT APPLY TO (1) A SALE, RENTAL, OR TRANSFER: (I) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN MANUFACTURER, DEALER, OR IMPORTER' mean that gun rentals at a range operated by an FFL would still be legal without a NICS check and documented transfer?

-and-

That that the $30 amount specified in one of the versions has been set aside and the 'REASONABLE FEE' for performing the background checks will be any amount an FFL decides to charge?

Does this mean C&R to C&R long gun transfers are still legal as well?

budman93 · Mar 17, 2020

JTH20 said:
Does this mean C&R to C&R long gun transfers are still legal as well?

A C&R holder is a licensee so I read that as any c&R holder can still transfer legal long guns. i don't think that is a stretch.

PowPow · Mar 17, 2020

Doobie said:
Had a disagreement this morning with a friend who is a FFL in another state. He kept telling me it was illegal to do private sales or transfers of long guns in Maryland. I informed him that it most certainly was NOT illegal to do a private sale/transfer in Maryland between 2 Maryland residents that were not prohibited from possessing a firearm. I told him that it may change if Hogan signs the bill(which I believe he will

Anyone have a link or statute that backs up my claim?

I didn't find anything in Criminal Law, Title 4:

https://law.justia.com/codes/maryland/2018/criminal-law/title-4/

Also, Public Safety, Title 5, does not have anything about private sales of long guns:

https://law.justia.com/codes/maryland/2018/public-safety/title-5/

However, when Larry signs HB4 or when his veto is overriden, it will.

This is a case where absence of a statute means it is okay. You don't presently need a statute to use your toilet, but give the Maryland General Assembly a few more years and they'll give you one.

KJackson · Mar 17, 2020

JTH20 said:
Does this mean C&R to C&R long gun transfers are still legal as well?

I thought that C&R to C&R transfers had to be interstate.

budman93 · Mar 17, 2020

KJackson said:
I thought that C&R to C&R transfers had to be interstate.

only handguns

KJackson · Mar 17, 2020

budman93 said:
only handguns

Thanks for the clarification.

budman93 · Mar 17, 2020

JTH20 said:
Does this mean C&R to C&R long gun transfers are still legal as well?

budman93 said:
A C&R holder is a licensee so I read that as any c&R holder can still transfer legal long guns. i don't think that is a stretch.

Also it says "involving a licensee", not between licensees. So it shouldn't need to be C&R to C&R. Could be C&R to non prohibited person or vice versa.

Sirex · Mar 17, 2020

Is there an exemption for in family transfers? I recall one of these bills carving that out.

Bertfish · Mar 17, 2020

Telling you guys it's much easier to take this in when you decide you just aren't going to comply with it

whistlersmother · Mar 17, 2020

Bertfish said:
Telling you guys it's much easier to take this in when you decide you just aren't going to comply with it

Chingo, bingo

budman93 · Mar 17, 2020

Bertfish said:
Telling you guys it's much easier to take this in when you decide you just aren't going to comply with it

I think that goes without saying. but may as well get or keep your C&R for extra cover.

PowPow · Mar 17, 2020

Sirex said:
Is there an exemption for in family transfers? I recall one of these bills carving that out.

For immediate family:

“IMMEDIATE FAMILY MEMBER MEANS A SPOUSE, A PARENT , A STEPPARENT, A GRANDPARENT, A STEPGRANDPARENT, AN AUNT, AN UNCLE, A SIBLING, A STEPSIBLING, A CHILD, A STEPCHILD, A GRANDCHILD, A STEPGRANDCHILD, A NIECE, OR A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE."

If the relation is not in this blurb above, then they ain't immediate family for the purposes of HB4.

rseymorejr · Mar 17, 2020

Sirex said:
Is there an exemption for in family transfers? I recall one of these bills carving that out.

I'm just wondering how the state will ever know about any private transactions between family members.

fred2207 · Mar 17, 2020

Anyone I sell to or purchase from will become a friend, like it or not... :lol:

Bertfish · Mar 17, 2020

budman93 said:
I think that goes without saying. but may as well get or keep your C&R for extra cover.

No doubt

BW460 · Mar 17, 2020

This scares the crap out of me. My girlfriend and I have lived together for about 10 years but we are not married. I keep my guns locked but she knows where the keys are. What does this bill mean to me? What happens when she is home but I am not? I am an 03FFL but I don't think that means anything when I leave her at home.

HB0004 Rifles and Shotguns - Secondary Transactions

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