90 Days to Register when new Resident? What's the penalty?

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    There is no penalty stated in the statute but if MSP feels like being Dicks (highly likely) they could charge you with possession of an unregistered firearm

    IANAL

    Perhaps seeking legal advice might be prudent
     

    DraKhen99

    Professional Heckler
    Sep 30, 2013
    2,320
    Thanks all for the advice, I will advise accordingly.

    FWIW, it's a revolver in their possession and until Friday they had no idea firearms were registered in Maryland.

    Thanks,

    -John
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,584
    Glen Burnie
    Thanks all for the advice, I will advise accordingly.

    FWIW, it's a revolver in their possession and until Friday they had no idea firearms were registered in Maryland.

    Thanks,

    -John
    Are firearms actually "registered?" I was under the impression that gun registration was, by-and-large, unconstitutional, and that what we have here is a "transfer" - it's essentially the same thing though.

    This is one of those crappy things where the expression, "ignorance of the law is no excuse" comes in to play. A gun owner from any normal state that isn't so draconian in their firearms statutes may well assume that there's nothing amiss - they move to the state and go about their business as if everything is hunky-dory because they had no idea we deal with these things here - they don't fill out the 77R's because they simply don't know they are supposed to. And why would they? It's not like Maryland gives you a welcome packet when you move here that gets you up to date on all of this stuff.

    I will say that in all of my years of owning and using guns in this state, I have yet to have anyone ask me to show them any kind of paperwork on anything, for whatever that's worth, but I do follow the laws the best I know how.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Thanks all for the advice, I will advise accordingly.

    FWIW, it's a revolver in their possession and until Friday they had no idea firearms were registered in Maryland.

    Thanks,

    -John

    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.


    A violation of 5-143 is punishable under MD Code, Public Safety, § 5-144, which provides:
    a) Except as otherwise provided in this subtitle, a dealer or other person may not:
    (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated
    firearm in violation of this subtitle; or
    (2) knowingly violate § 5-142 of this subtitle.
    Penalty
    (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
    not exceeding 5 years or a fine not exceeding $10,000 or both.
     
    Last edited:

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,673
    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 possess a regulated firearm without registering it within that 90 day window.


    A violation of 5-143 is punishable under MD Code, Public Safety, § 5-144, which provides:
    a) Except as otherwise provided in this subtitle, a dealer or other person may not:
    (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated
    firearm in violation of this subtitle; or
    (2) knowingly violate § 5-142 of this subtitle.
    Penalty
    (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
    not exceeding 5 years or a fine not exceeding $10,000 or both.

    Thanks! We apparently couldn’t find the penalty info in statute.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Are firearms actually "registered?" I was under the impression that gun registration was, by-and-large, unconstitutional, and that what we have here is a "transfer" - it's essentially the same thing though.

    It is illegal, at the FEDERAL level. There is no prohibition against registration at the state or local level.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    At least the statute says “knowingly” . Perhaps if you plead ignorance the SA might cut you a break.

    Best not to be a test case however

    But a conviction would make you prohibited based on the more than 2 year penalty for misdemeanors
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,002
    Harford County
    I don't know how they expect new residents to know about this stupid law, I bet a majority of lifelong Maryland residents have no idea about it
     

    DraKhen99

    Professional Heckler
    Sep 30, 2013
    2,320
    "Knowingly", there you go John, you ruined his ignorant bliss. You rat.

    How dare you assume their gender! :mad54: :lol:

    Also, oops. I just answered a question. Not my fault. :D

    Also also, too bad. If you don't ask the question, you never get the answer. I guess they have 90 days from when they asked me the question, to register their firearm.

    -John
     

    traveller

    The one with two L
    Nov 26, 2010
    18,256
    variable
    I don't know how they expect new residents to know about this stupid law, I bet a majority of lifelong Maryland residents have no idea about it

    Doesn't affect the lifelong residents. Their regulated firearms were registered to their name when MSP processed the MD part of the transfer. Those moving to the state had a 'loophole' and the FSA closed that, at least for anyone moving to the state after 2013.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,673
    Being gun owners we have a whole layer of extra stuff to be aware of if we expect to stay out of trouble

    True. It’s annoying and “unfair”. At the same time, knowing the laws of the state you live in,
    Move to or travel through is important.

    Utah is now .05BAC for a DUI. Colorado weed is legal. Several states you may only pass while in the left lane. It may not be used as a travel lane. Some states it is illegal to pass on the right. New Jersey U-turns are illegal.

    There is a lot of nonsense from state to state and keeping it all straight is difficult. As gun owners we have an extra layer of nonsense we have to deal with and it tends to carry harsher penalties.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,495
    DE
    True. It’s annoying and “unfair”. At the same time, knowing the laws of the state you live in,
    Move to or travel through is important.

    Utah is now .05BAC for a DUI. Colorado weed is legal. Several states you may only pass while in the left lane. It may not be used as a travel lane. Some states it is illegal to pass on the right. New Jersey U-turns are illegal.

    There is a lot of nonsense from state to state and keeping it all straight is difficult. As gun owners we have an extra layer of nonsense we have to deal with and it tends to carry harsher penalties.

    Not true.
     

    Fox123

    Ultimate Member
    May 21, 2012
    3,926
    Rosedale, MD
    Doesn't affect the lifelong residents. Their regulated firearms were registered to their name when MSP processed the MD part of the transfer. Those moving to the state had a 'loophole' and the FSA closed that, at least for anyone moving to the state after 2013.

    It did not effect people who moved to the state with their regulated firearms prior to 2013.

    Example someone who moved here and brought an AR with them circa 2004. There was and is no legal requirement to register anything.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,256
    variable
    It did not effect people who moved to the state with their regulated firearms prior to 2013.

    Example someone who moved here and brought an AR with them circa 2004. There was and is no legal requirement to register anything.

    Correct. The rocket surgeons in the GA have not yet figured out a way to close that 'loophole' and get their grubby fingers on information about that group of owners.

    It also doesn't affect the lifelong residents who owned a gun prior to the current MD registration scheme becoming law (70s ?).
     

    Dave MP

    Retired USA
    Jun 13, 2010
    10,603
    Farmland, PA
    Has anyone had experience with this? Im curious if you can register after the 90 days without it being a problem like California. Another question ive seen was if the handgun/ regulated firearm is not in the state and you bring it in after the 90 days. Can you still register it? Or is it banned forever.


    Drive by post much?
    Be a nice guy and head over HERE and introduce yourself.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I don't know how they expect new residents to know about this stupid law, I bet a majority of lifelong Maryland residents have no idea about it

    Heck, a lot of long time residents do not even know that face to face transfers of regulated firearms is illegal.

    Heck, looking at the questions that have been posted here on MDS, many do not even release face to face transfer of any firearm between residents of different states is illegal. And that law has been in place since 1968
     

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