SB 281: A summary of some key provisions as passed by the House

Echo6Wolf · Apr 4, 2013

daggo66 said:
I'm just not seeing these things that are said to be in there. It still speaks of registration of grandfathered assault weapons and fines. I see no mention of not requiring training if you already own a handgun. Could someone please post a link to the house document that contains what is being spoken of? The latest version that I see on the legislature web site, still mentions registration.

That is because the latest version has yet to be made available online.

daggo66 · Apr 4, 2013

Echo6Wolf said:
That is because the latest version has yet to be made available online.

Thank you!

ddeanjohnson · Apr 4, 2013

daggo66 said:
I'm just not seeing these things that are said to be in there. It still speaks of registration of grandfathered assault weapons and fines. I see no mention of not requiring training if you already own a handgun. Could someone please post a link to the house document that contains what is being spoken of? The latest version that I see on the legislature web site, still mentions registration.

You can be sure that the integrated House-passed text will be posted on this forum as soon as the General Assembly deigns to make it available. The summary at the top of this thread reflects the House amendments, including the deletion of the Senate-passed registration scheme for "assault" weapons.

rhull1971 · Apr 4, 2013

TonyB. said:
16 hrs of training for CCW is ridiculous. What the HELL is an instructor going to do to fill this time? I can see 8, 4 classroom and 4 live fire but 16 is nothing but a deterrent.

I dont know about that... I'm totally against anything that infringes on 2A rights, but I also feel like it's better to be trained properly if you're going to carry a handgun.

I've done 2 day classes (10 hours class room/10 hours live fire) where the emphasis was on stress training and drilling for life or death scenarios (which I believe is the reason we carry firearms). That type of training is truely helpful and will really show you how easy it is to make a mistake. It's very easy to shoot a no shoot target when you are under stress. One of the things that the instructors preached to students is that these are diminishing skills... If you dont practice and take the time to get proper instruction for life or death situations, how can you possibly think you are going to preform when the bullets start flying for real. We TRAIN our military and police before we put them out there with firearms... and those guys spend a hell of a lot more than 16 hours of training before they are trusted to carry firearms.

It's not even a legal question in my mind... more of a moral decission on the part of a responsible gun owner and a person with a MD carry permit. I train a lot more than 16 hours a year now that I have a permit.

Just my 2 cents

ddeanjohnson · Apr 4, 2013

rhull1971 said:
I dont know about that... I'm totally against anything that infringes on 2A rights, but I also feel like it's better to be trained properly if you're going to carry a handgun.

This is no doubt an important question, but perhaps it could be taken to a new thread, if desired. The purpose of this thread is to revolve some of the confusion about what is in the bill and what is not, not to debate the merits of each provision -- or, in most cases, the lack of merit.

hdatontodo · Apr 4, 2013

So if I wanted to leave a handgun to a minor child, should I create a trust to hold it until such time as he can get a handgun license (or until the law goes away)?

gungate · Apr 4, 2013

Inigoes said:
A notarized inventory sheet

I am a MD Public Notary so if anyone needs anything notarized, let me know! But not sure what the notarization adds. It just says I witnessed you sign something with verification of who you are.

ddeanjohnson · Apr 4, 2013

hdatontodo said:
So if I wanted to leave a handgun to a minor child, should I create a trust to hold it until such time as he can get a handgun license (or until the law goes away)?

You'd have to consult an attorney on that one. I just don't see anything in the bill that speaks to it, with respect to handguns.

ddeanjohnson · Apr 4, 2013

gungate said:
I am a MD Public Notary so if anyone needs anything notarized, let me know! But not sure what the notarization adds. It just says I witnessed you sign something with verification of who you are.

It creates a record, to which a court or others can later refer, to show that documents did indeed exist on a certain date, and were not fabricated later.

Turbo2Point4 · Apr 4, 2013

clandestine said:
Theres a ton of guns that have features that make them "assault rifles" that were purchased on a 4473 alone.

Same applies to home built firearms/receivers (no paperwork)

yes, i realize some were cash and carry, i was just talking about currently regulated firearms, which already require the 77r.

ddeanjohnson · Apr 4, 2013

awptickes said:
Does anyone have any idea (conjecture or otherwise) about how this will effect semi-automatic NFA firearms?

SBR, DD, SBS?

It seems to me that if an NFA-covered semi-automatic firearm falls within any one of the definitions of a "copycat" firearm contained in SB 281, then it will be banned, regardless of whether it is federally registered and legal under previously enacted provisions of state law. The grandfathering for firearms currently lawfully owned would also apply.

Fincherator · Apr 4, 2013

When does this bill go into effect? Can family members transfer "Assualt Weapons" between each other? I have an aging and ill family member who wants to transfer weapons to other family members. Can we still do that? What about between now and when the bill goes into effect?

ddeanjohnson · Apr 4, 2013

Fincherator said:
When does this bill go into effect? Can family members transfer "Assualt Weapons" between each other? I have an aging and ill family member who wants to transfer weapons to other family members. Can we still do that? What about between now and when the bill goes into effect?

The new law goes into effect October 1, 2013. Until October 1, regulated firearms can be transferred through the Maryland State Police as in the past, or through state licensed dealers. After October 1, however, the recipient will have to hold a "handgun qualification license," unless the recipient qualifies for one of the exemptions, as I read it.

After October 1, any "assault" and "copycat" weapons that are currently lawfully owned can be transferred by inheritance, not only to family members but to other heirs, if they are not legally disqualified from owning firearms by criminal history or such; there is no deadline for this. They can also be sold, through Federal Firearms License holders, for ultimate buyers in other states.

Fincherator · Apr 4, 2013

ddeanjohnson said:
The new law goes into effect October 1, 2013. Until October 1, regulated firearms can be transferred through the Maryland State Police as in the past, or through state licensed dealers. After October 1, however, the recipient will have to hold a "handgun qualification license," unless the recipient qualifies for one of the exemptions, as I read it.

After October 1, any "assault" and "copycat" weapons that are currently lawfully owned can be transferred by inheritance, not only to family members but to other heirs, if they are not legally disqualified from owning firearms by criminal history or such; there is no deadline for this. They can also be sold, through Federal Firearms License holders, for ultimate buyers in other states.

Thanks!

36chambers · Apr 4, 2013

ddeanjohnson said:
See my response to 36chambers on page 4 of this thread. You simply go through the same analysis for any particular semiauto centerfire rifle, like this: (1) Is it on the list of named rifles? (2) If not, is it a "copy" of one of the named rifles? (See the Gansler memo linked above for guidance on what the State Police will regard as a "copy.") (3) If not, then is it a "copycat" rifle? -- meaning not a copy of anything, but a centerfire rifle that meets the tests set forth the bill, as described in paragraph no. 3 of the summary in my original post.

If the answer to all these questions is "no," then it is not banned. If the answer is "yes" to any one of the questions, then it is banned.

The tests for semiauto pistols and shotguns are different, as explained in the OP.

Thanks for the reference to Gansler memo DDJ.

Based on the conclusion of the opinion...it would be LE's judgement call on deciding on what a "copy" would be, which could vary from individual to individual....slippery slope

"Conclusion
For the reasons set forth above, it is our opinion that the
reference to “copies” in PS §5-101(p)(2) does not extend the
regulated firearms law to weapons that bear a mere cosmetic
similarity to a listed weapon. Rather, in order for a firearm to be
considered a copy of a listed assault weapon, and therefore governed
by the regulated firearms law, there must be a similarity between the
internal components and function of the firearm in question and
those of one of the listed weapons. A determination as to whether
a particular firearm bears such similarity is a factual question
entrusted in the first instance to the Department of State Police"

osterizer · Apr 4, 2013

The way I read that was that most if not all black rifles regardless of vendor, barrel type, whatever would be banned as copycats, since most are gas operated, rotating bolt with buffer, etc. The opinion merely asks for a similarity between internal components and functions.

It would be interesting to know why the Sporter HBAR was excluded, though.

ddeanjohnson · Apr 4, 2013

osterizer said:
The way I read that was that most if not all black rifles regardless of vendor, barrel type, whatever would be banned as copycats, since most are gas operated, rotating bolt with buffer, etc. The opinion merely asks for a similarity between internal components and functions. It would be interesting to know why the Sporter HBAR was excluded, though.

Don't confuse "copy" with "copycat." Under the new bill, they mean two entirely different things. "Copy" applies to rifles deemed to be like the rifles on the list of models.

"Copycat" means a firearm that fits the newly minted features criteria. It really has nothing to do with whether its similar to anything else. Even if it's a completely innovative new model of firearm, it is by definition a "copycat" if it has the prohibited features. In other words, "copycat" is just a political label to snooker journalists and others who are not interested in the details.

henn5849 · Apr 4, 2013

Thanks

osterizer · Apr 4, 2013

ddeanjohnson said:
Don't confuse "copy" with "copycat." Under the new bill, they will mean two entirely different things. "Copy" applies to rifles deemed to be like the rifles on the list of models.

Thanks for the reminder.

Jqcj5 · Apr 4, 2013

Which rifles are on the "list of models"?

SB 281: A summary of some key provisions as passed by the House

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