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

Biggfoot44 · Sep 18, 2019

My bad , I was referring to historical , assumed everyone knew 2013 .

1985 was also the creation of the Handgun Roster , but that became a non-issue with the approval of tampon locks .

Pinecone · Sep 19, 2019

Biggfoot44 said:
My bad , I was referring to historical , assumed everyone knew 2013 .

1985 was also the creation of the Handgun Roster , but that became a non-issue with the approval of tampon locks .

Can't assume that, when people do not even know of GCA 68.

Even the first round of the roster approved just about everything. I think the NAA mini revolvers and a couple of derringers were the only things not approved.

And those due to no trigger guard.

WildWeasel · Sep 19, 2019

Per MSP FAQs.

FAQ It appears that registration of "already owned" regulated/banned firearms, after 10/1/13 is no longer part of the law? Do owners need to register those rifles? Or register already owned (greater than 10 round) magazines?
FAQ
Any firearm lawfully owned prior to October 1, 2013 is not required to be registered. Magazines are not required to be registered.

MSP voluntary registration: https://mdsp.maryland.gov/Organizat...ision/Registration/VoluntaryRegistration.aspx

MSP new resident: https://mdsp.maryland.gov/Organizat...censingDivision/Registration/NewResident.aspx

IANAL, and feel free to correct me, but the SHALL register only affects post ban banned items, and nothing that is otherwise legal to purchase in MD falls into that category.

lazarus · Sep 19, 2019

WildWeasel said:
Per MSP FAQs.

FAQ It appears that registration of "already owned" regulated/banned firearms, after 10/1/13 is no longer part of the law? Do owners need to register those rifles? Or register already owned (greater than 10 round) magazines?
FAQ
Any firearm lawfully owned prior to October 1, 2013 is not required to be registered. Magazines are not required to be registered.

MSP voluntary registration: https://mdsp.maryland.gov/Organizat...ision/Registration/VoluntaryRegistration.aspx

MSP new resident: https://mdsp.maryland.gov/Organizat...censingDivision/Registration/NewResident.aspx

IANAL, and feel free to correct me, but the SHALL register only affects post ban banned items, and nothing that is otherwise legal to purchase in MD falls into that category.

No, it is referring to the fact that an original text of the bill mandated registration of pre Oct 2013 (now banned) regulated firearms. That was struck from the bill before passage.

If you move in to the state, you MUST register regulated firearms within 90 days. Banned guns purchased post Oct 2013 are not allowed in to the state under any circumstances (other than FOPA and passing through).

Biggfoot44 · Sep 19, 2019

Or official Gov't usage .

WildWeasel · Sep 19, 2019

WildWeasel said:
Per MSP FAQs.

FAQ It appears that registration of "already owned" regulated/banned firearms, after 10/1/13 is no longer part of the law? Do owners need to register those rifles? Or register already owned (greater than 10 round) magazines?
FAQ
Any firearm lawfully owned prior to October 1, 2013 is not required to be registered. Magazines are not required to be registered.

MSP voluntary registration: https://mdsp.maryland.gov/Organizat...ision/Registration/VoluntaryRegistration.aspx

MSP new resident: https://mdsp.maryland.gov/Organizat...censingDivision/Registration/NewResident.aspx

IANAL, and feel free to correct me, but the SHALL register only affects post ban banned items, and nothing that is otherwise legal to purchase in MD falls into that category.

lazarus said:
No, it is referring to the fact that an original text of the bill mandated registration of pre Oct 2013 (now banned) regulated firearms. That was struck from the bill before passage.

If you move in to the state, you MUST register regulated firearms within 90 days. Banned guns purchased post Oct 2013 are not allowed in to the state under any circumstances (other than FOPA and passing through).

Can you elaborate more? I copied that directly from MDSPs FAQ page, and the large text seems to state that it's not required if owned before '13.

Also reading the link I posted for new residents seems to confirm that.

Pinecone · Sep 20, 2019

WildWeasel said:
Can you elaborate more? I copied that directly from MDSPs FAQ page, and the large text seems to state that it's not required if owned before '13.

Also reading the link I posted for new residents seems to confirm that.

It is NOT, IF you lived in the state prior to 10/1/13.

If you move into the state and establish residency (required if you live in the state more than 185 days per year, except for active duty military and full time students), then you need to register them.

WildWeasel · Sep 20, 2019

Pinecone said:
It is NOT, IF you lived in the state prior to 10/1/13.

If you move into the state and establish residency (required if you live in the state more than 185 days per year, except for active duty military and full time students), then you need to register them.

Cool. That was my understanding. Given the time frame, it sounded like the OP was military. I am as well, got here around the same time, and will not give up Florida residency unless I move somewhere better in the future...

Pinecone · Sep 21, 2019

WildWeasel said:
Cool. That was my understanding. Given the time frame, it sounded like the OP was military. I am as well, got here around the same time, and will not give up Florida residency unless I move somewhere better in the future...

What is better than no state income tax?????

My Dad maintained FL residency until he retired.

A1Uni · Sep 21, 2019

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.

DraKhen99 · Sep 22, 2019

A1Uniform said:
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

Defense Rifle · Sep 25, 2019

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.

ras_oscar · Sep 25, 2019

esqappellate said:
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?

rbird7282 · Sep 25, 2019

ras_oscar said:
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.

Sent from my iPhone using Tapatalk

Pinecone · Sep 25, 2019

Defense Rifle said:
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.

esqappellate · Sep 25, 2019

ras_oscar said:
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.

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

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