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Old September 22nd, 2019, 10:06 PM #51
DraKhen99 DraKhen99 is offline
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Originally Posted by A1Uniform View Post
Where someone wound likely run into problems this law would be if a gun were stolen, or there was an AD or other firearms-related incident in which the police got involved.

My guess is that when this happens, someone will get made into "the example."

If it is required to be registered, and it is stolen, and then you don't report it, because you didn't register it, you are in violation of yet another MD law regarding the timely reporting of stolen firearms.

If you didn't register it and do report the theft, you may still have an issue.
This is why I originally advised to get their HQL and purchase a new firearm, since the intended purpose of the existing one was for home defense.

The responses here have just solidified that response.

Thanks,

-John
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Old September 25th, 2019, 09:43 AM #52
Defense Rifle Defense Rifle is offline
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Could this Maryland 90 day registration law be a violation of a citizen's 5th amendment right?

The Maryland state government is forcing someone to go against their right to remain silent on their possession of legally owned handguns by requiring you to register them.

I can see this being a violation of one's privacy. Voluntary registration is one thing, but legal enforcement of registration is constitutionally problematic I think.
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Old September 25th, 2019, 10:25 AM #53
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Originally Posted by esqappellate View Post
Jeez, stop guys. There is a penalty and it is substantial. The registration requirement is in MD Code, Public Safety, § 5-143. That provides that "(a)(1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency." A new resident in the State may not his possess a regulated firearm without registering it within that 90 day window.
Since this is Maryland state law, I presume all clauses may be assumed to be prefaced by the phrase " within the state of Maryland" As a practical matter, if a person established residency more than 90 days ago but had not yet imported regulated firearms from their former home state, because, say, they had more important business to conduct like arranging for moving companies, registering kids for school, settling down at a new residence, and now, they were filing the registration forms so they could bring their remaining property into the state, that would be perfectly legal. Correct?
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Old September 25th, 2019, 10:40 AM #54
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Originally Posted by ras_oscar View Post
Since this is Maryland state law, I presume all clauses may be assumed to be prefaced by the phrase " within the state of Maryland" As a practical matter, if a person established residency more than 90 days ago but had not yet imported regulated firearms from their former home state, because, say, they had more important business to conduct like arranging for moving companies, registering kids for school, settling down at a new residence, and now, they were filing the registration forms so they could bring their remaining property into the state, that would be perfectly legal. Correct?


Don’t think so. It doesn’t say register within 90 days of bringing firearms into the state, it specifically says within 90 days of establishing residency. As much as I hate the law, it is the persons responsibility to know the laws in the state they are moving to.


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Old September 25th, 2019, 03:01 PM #55
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Originally Posted by Defense Rifle View Post
Could this Maryland 90 day registration law be a violation of a citizen's 5th amendment right?

The Maryland state government is forcing someone to go against their right to remain silent on their possession of legally owned handguns by requiring you to register them.

I can see this being a violation of one's privacy. Voluntary registration is one thing, but legal enforcement of registration is constitutionally problematic I think.
5th amendment prevents making you admit to crimes.

So registration of legal items is OK.

BUT, if you do NOT register them within 90 days, making you do so would mean you are admitting to a crime, so you do not have to do that.
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Old September 25th, 2019, 08:32 PM #56
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Originally Posted by ras_oscar View Post
Since this is Maryland state law, I presume all clauses may be assumed to be prefaced by the phrase " within the state of Maryland" As a practical matter, if a person established residency more than 90 days ago but had not yet imported regulated firearms from their former home state, because, say, they had more important business to conduct like arranging for moving companies, registering kids for school, settling down at a new residence, and now, they were filing the registration forms so they could bring their remaining property into the state, that would be perfectly legal. Correct?
I don't want to give legal advice on this, so don't regard this as such. I interpret the statute as saying that a person has 90 days to register after establishing residency. Period. Full Stop. Now, it may well be possible to read that statute as requiring registration of only those guns brought into Maryland. IN other words, the statute may not apply to guns left in other states and never brought into Maryland. But, if you don't register within the 90 days, then mere possession in Maryland after 90 days would be a criminal offense. The 90days runs from the date of establishing residency, NOT from the date you bring them into MD. So if it were me and I was a 90 day plus new resident of MD but the guns were outside of Maryland for that whole time, I would have to leave them outside of MD. Forever.
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