Storing guns out of state while MD resident

willtill · Jan 15, 2013

So if the worst comes to pass, and modern semi-automatic rifles are banned; either from further future procurement instate; or even more importantly - a ban against current possession:

1. Would a Maryland resident be able to move their now "banned" weapon(s) out of state for storage?

-and if the banned weapons were moved out of state:

2. Would a Maryland resident still have to register -or- submit to confiscation of the weapons; since they have not been transferred from their ownership; even though the banned weapons are not located physically within the state of Maryland?

iobidder · Jan 15, 2013

A ban against current is unrealistic. But never say never

willtill · Jan 15, 2013

iobidder said:
A ban against current is unrealistic. But never say never

That is the ultimate goal though; of the current Maryland regime. So I ask this question. I know it's hypothetical but possible and am wondering just how much authority Maryland has over it's residents; to be able to confiscate/seize banned firearms while one is still the owner of said firearms; even though the firearms are not within Maryland

iobidder · Jan 15, 2013

I don't know, no one does

carljr · Jan 15, 2013

I agree, sounds unrealistic! I would think any state law would restrict any state from crossing it's border to enforce any restrictions.

willtill · Jan 15, 2013

carljr said:
I agree, sounds unrealistic! I would think any state law would restrict any state from crossing it's border to enforce any restrictions.

I'm not thinking of the state (Maryland) crossing a border to enforce the ban against the specified weaponry. What I'm thinking is that they'll use the MD resident to do that for them; to retrieve them and turn them in because they are still a MD resident; therefore the ban is still applicable to them.

Or not?

Markp · Jan 15, 2013

iobidder said:
A ban against current is unrealistic. But never say never

Tell that to the people reeling in NY this morning!

Ab_Normal · Jan 15, 2013

Markp said:
Tell that to the people reeling in NY this morning!

I don't see lines forming with people ready to turn in their soon to be contraband firearms. :innocent0

iobidder · Jan 15, 2013

Markp said:
Tell that to the people reeling in NY this morning!

Sure thing, when they line up to turn in the rifles. I'll get right on that.

Markp · Jan 15, 2013

Ab_Normal said:
I don't see lines forming with people ready to turn in their soon to be contraband firearms.

iobidder said:
Sure thing, when they line up to turn in the rifles. I'll get right on that.

Perhaps you haven't paid attention to what's happened in California for instance? You think for a minute that the regulated firearms data currently in possession of any state that passes a ban will not be used?

Hmmm... that's pretty funny.

iobidder · Jan 15, 2013

Markp said:
Perhaps you haven't paid attention to what's happened in California for instance? You think for a minute that the regulated firearms data currently in possession of any state that passes a ban will not be used?

Hmmm... that's pretty funny.

Funny, one you mentioned New York, then you skip onto California. Second, no I do not think so if you're not rhetorically asking. So what, they have a list. BFD.

pcfixer · Jan 15, 2013

Assault weapons -- defined as any rifle with a "military style" feature, such as a bayonet or a telescoping stock -- that are currently owned would be grandfathered and would have to be registered with the state. Magazines with a capacity of more than 10 rounds and manufactured before 1994, which are currently legal, would have to be turned over to authorities or sold out of state within one year. If a magazine has a capacity between eight and 10, it would have to be retrofitted to only hold seven rounds.

http://www.usatoday.com/story/news/nation/2013/01/14/cuomo-new-york-guns/1833271/

tomgreco · Jan 15, 2013

Is anyone interested in a large roommate situation in Virginia? Maybe, say, a few thousand of us rent a place in VA, and change our residency.

Sportstud4891 · Jan 15, 2013

tomgreco said:
Is anyone interested in a large roommate situation in Virginia? Maybe, say, a few thousand of us rent a place in VA, and change our residency.

Sportstud4891 · Jan 15, 2013

Ab_Normal said:
I don't see lines forming with people ready to turn in their soon to be contraband firearms.

iobidder said:
Sure thing, when they line up to turn in the rifles. I'll get right on that.

If I'm not mistaken that bill bans possession after October 1st of this year. It also makes possession a felony. With the threat of a felony for not conforming to the laws, I believe that hundreds of law abiding citizens will turn their guns in. (There will be some that don't, I understand that)

The weapons can't be fired for fear of people hearing and will have to stay hidden most of the time. This sucks for the nation as a whole. If one state starts down the road, many others will wait to see how the voluntary confiscation goes and possibly follow in their footsteps. This is not good for anyone.

SigMatt · Jan 15, 2013

They can't stop you from moving what they don't know you own out of state. Should it come to confiscation, I suspect lawsuits and injunctions would be filed before it reached that point. And if it did, I suspect we'll have bigger problems should they start showing up at doors to collect.

Even NY with their shameful act last night has given residents one year to register, destroy or remove them from the state. They have to do that legally, I believe. Otherwise it constitutes an "ex post facto" law as well as a taking under the 5th Amendment.

This is why laws have grandfather clauses in them. The politicians WANT to ban and confiscate but a pesky thing called the Constitution gets in their way. Even the most rabid anti-rights attorney tells the politicians they can't do it and get away with it for very long. The more egregious the act, the more likely even the most gun-hating court is going to strike it down.

I think New York is courting such an outcome. How many criminals did they just create? How many would O'Malley want to create here? Even if he gets his 10 round limit, how short does the approved handgun roster become and how many citizens here just became unknowing criminals?

I would how the rich in New York with carry permits are going to feel when they're told the Glock, Beretta or Sig they're carrying with 8+ rounds is no longer legal and they have to give them up. Of course, some being more equal than others as witnessed with David Gregory, they'll be allowed to keep them and go on their merry way since they're important. Unlike us.

If it came down to registering them in Maryland, I will move the affected guns out of this state. Of course, this leaves the sticky problem of home-built firearms but we'll see what happens first. Can't register what lacks markings.

Matt

Gambler · Jan 15, 2013

I'm guessing you could get a lawyer to create a trust "located" somewhere else. Then you could transfer the guns to that trust. Or use an actual person. I am not a lawyer, but it seems like it would be possible.

Yme · Jan 15, 2013

tomgreco said:
Is anyone interested in a large roommate situation in Virginia? Maybe, say, a few thousand of us rent a place in VA, and change our residency.

Nice!

NIK · Jan 15, 2013

iobidder said:
Funny, one you mentioned New York, then you skip onto California. Second, no I do not think so if you're not rhetorically asking. So what, they have a list. BFD.

A list IS a BFD.

I bought a couple of pistols when I lived in MD. I was prez of my HOA when I got mixed up with an illegal squatter. Just to screw with me, he accused me of everything he could, assault, harassment, theft, etc. MDSP calls me to tell me my pistols are subject to confiscation. He cited my name, address, serial numbers, etc. I told them the charges were thrown out of court and the accuser was in jail for false police reports. I sold my place and moved to VA within the year.

The law says WHERE the "crime" is committed has everything to do with charges, if any. You can buy hi-caps in VA because it is legal to do so. You can't make that same transaction in MD because it is illegal. You should be able to possess an AR in VA because it is legal to do so in VA.

Dave · Jan 15, 2013

Gambler said:
I'm guessing you could get a lawyer to create a trust "located" somewhere else. Then you could transfer the guns to that trust. Or use an actual person. I am not a lawyer, but it seems like it would be possible.

MD does not recognize the right of a trust to actually own anything. It's still registered to the trustee. So unless you move to another state, you're still screwed.

Storing guns out of state while MD resident

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