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  • SPQM

    Active Member
    May 21, 2014
    302
    Folks,

    As you probably know by now, a lot of actual "execution" of Maryland's firearms laws are "obscure-official"; i.e. they're promulgated by regulatory agencies such as the Maryland State Police (MSP), or through Attorney General Opinions (OAG).

    In addition, over the years, there have been communications with MSP which reveal interesting information.

    But because they're obscure and poorly documented -- for example, the MDSP page has FB #10-2, but not FB #10-1; they're not well known and nobody's really taken the time to gather it all up until now -- these have been scattered across MDShooters over the years or the internet.

    I'll try to have each major form of document broken out into an individual post, with attachments to each post, so please try to avoid commenting until I can build up "buffer". Thanks!
     

    SPQM

    Active Member
    May 21, 2014
    302
    Maryland State Police - Firearms Bulletins

    Firearms Bulletin #96-1 (20 Nov 1996) -- ENACTMENT OF MARYLAND GUN VIOLENCE ACT OF 1996

    The interesting thing about this is that it repeats the MGVA 1996 "Restricted" List:

    (2) AK-47 in all forms; including, but not limited to

    Kalashnikov-USSR AK-47
    Chinese Communist Arsenal AK-47
    Norinco 84SAK
    Polytech AKS47S
    Polytech AKS762
    American Arne AKY39
    American Arms AKF39
    American Arma AKC47
    Mitchell AK-47
    Mitchell M-76
    Kassnar AK-47
    MAK-90 and MAK-91;


    but then goes:

    A "sporter" version of these firearms in which the firearm does not meet the definition of an "Assault Weapon" as defined in Title 18, Section 921(a)(30) of the United States Code, and can be imported into the United States, may be sold without a background investigation. An example of this is the ARSENAL SA 93, "sporter" version of an AK-47 without the bayonet lug or flash suppressor.

    Firearms Bulletin #10-1 (4 NOV 2010) -- INFORMATION ON .22 CALIBER RIM FIRE "ASSAULT WEAPONS"

    This one basically says:

    In recent years manufacturers began producing reproductions or imitations of various assault weapons as defined in Public Safety Title 5, subtitle 1, section 101 (P)(2) in .22 caliber rim fire. A firearm that is cosmetically similar alone does not make it a “copy” of an assault weapon.

    Therefore, the Maryland State Police Firearms Registration Section will no longer require an individual to complete an Application to Purchase a Regulated Firearm (MSP 77R-1, 77R-2, 77R-3) for a semiautomatic .22 caliber rim fire rifle that is only cosmetically similar to an assault weapon. The individual will have to complete and comply with any Federal Regulations regarding the purchase of firearms.


    Firearms Bulletin #10-2 (4 NOV 2010) -- INFORMATION ON ASSAULT WEAPON PURCHASES

    This one basically says:

    Manufacturers have been producing firearms that are reproductions or imitations of specifically enumerated assault weapons as defined in Public Safety Title 5, subtitle 1, section 101(P)(2). At issue is which of these firearms does an individual have to complete an Application to Purchase a Regulated Firearm (MSP 77R-1, 77R-2, 77R-3) to comply with Maryland Regulations.

    The Maryland State Police Firearms Registration Section will not require an individual to complete an Application to Purchase a Regulated Firearm (MSP 77R-1, 77R-2, 77R-3) for a reproduction or imitation of a firearm that is only cosmetically similar to a specifically enumerated assault weapon as defined in Public Safety Title 5, subtitle 1, section 101(P)(2). The individual will have to comply with all Federal Regulations regarding the purchase of firearms.

    An individual will be required to comply with Maryland Regulations for a firearm that is:

    1) a reproduction or imitation of a firearm that is cosmetically similar to a specifically enumerated assault weapon as defined in Public Safety Title 5, subtitle 1, section 101(F)(2) and;

    2) has completely interchangeable internal components necessary for the full operation and function of any one of the specifically enumerated assault weapons as defined in Public Safety Title 5, subtitle 1, section 101(P)(2).
     

    Attachments

    • MSP_FirearmBulletin_96-1.pdf
      302.8 KB · Views: 92
    • MSP_FirearmBulletin_10-1.pdf
      51.5 KB · Views: 103
    • MSP_FirearmBulletin_10-2.pdf
      59.7 KB · Views: 96

    SPQM

    Active Member
    May 21, 2014
    302
    Maryland State Police - Letters

    "Go ahead, write that letter to the ATF asking for clarification..."

    Over the years, there have been several letters written to the Maryland State Police (MSP) seeking clarification on certain things, and over the years; MSP has replied in rather informative ways.

    25 August 1998 Letter on HBAR

    In this letter, MSP says:

    Per our conversation 08/20/98 the Bushmaster H-BAR does not require MSP Form 77R Application to Purchase a Regulated Firearm.

    6 November 2015 letter

    This letter was originally posted on MDShooters in this thread:

    https://www.mdshooters.com/showthread.php?t=183835

    Basically, in this letter, MSP says a lot of things, presented in a Question & Answer (Q&A) format:

    Q: Are the determinations that MSP has made and listed in the Firearms Search binding, and does MSP consider those determinations to be final?

    A: The listed firearms' searches are not binding and determinations are not final. MSP is always willing to consider additional information regarding any firearm.

    Q: Are the determinations made Administrative Declaratory Rulings? What appeals process within MSP is there for firearms placed on the list as banned?

    A: No. The determinations are not Declaratory Rulings, and there is no appeals process. The Maryland State Police encourages interested parties to supply additional documentation that will clarify whether a particular regulated firearm is prohibited from sale to the general public.

    Q: There are multiple inconsistent applications, improper classifications, and misstatements of law on the Firearms Search page.

    A: We welcome the submission of information regarding any apparent inconsistencies for review and correction, if needed.

    Q: If a firearm is incorrectly listed as “Banned” but it is later listed as "Not Banned” would the sale of a legal firearm be illegal for the simple fact that it is listed as “Banned”?

    A: No. It is not considered an illegal sale if the firearm is actually not a copy of a “banned” firearm.

    Q: The most recent example I can point to is the HK MR-556, which was originally listed as a banned Copy of the Colt AR 15, even though it did not have completely interchangeable parts. This decision, after multiple re-submissions by persons outside MSP, was reversed and is now listed as “Not Banned”. Would the sale of an HK MR556 during the time period it was listed as “Banned” on the website violate Maryland Law? In the subsequent disclosures made by MSP, will the following be made available?

    A: No. The MSP is providing guidance to a consumer, and when new infonnation is brought forward supporting the purchase, changes may be made in the list.

    Q: Who is responsible for making determinations as to a firearm's legality and would MSP accept help in making the determinations?

    A: The Firearm Review Committee meets on a monthly basis to review the forms submitted for review. The committee is comprised of four troopers from various entities within the Maryland Department of State Police based on their firearm knowledge. The list is updated online after a determination is made to be "Banned” or “Not Banned.” With regard to MSP accepting assistance in making the determinations, the MSP-Licensing Division welcomes outside insight

    Q: How are individual firearms evaluated, including the process for reviewing firearms?

    A: Firearms are evaluated based on requests that are submitted to the Firearms Review Committee. The evaluations are completed utilizing information provided by the requester, manufacturer and industry-related websites, as well as contacting the manufacturers to compare the firearm submitted to the list of Assault Long Guns and to the definition of a copycat weapon. Committee members provide their review, orally, for discussion and concordance.

    Q: Who determines what submissions are reviewed/responded to

    A: The supervisor, of the Handgun Permit Unit, currently determines what submissions are reviewed. Please provide me with the unresolved request you have submitted.

    6 September 2018 letter

    This letter was originally posted on MDShooters in this thread:

    https://www.mdshooters.com/showthread.php?227534

    This letter was the result of Mr. John Lowe of JLowe's Guns in Cecil County challenging MSP's definition of the COLT AR-15 MODEL M4A1-SOCOM

    Per Mr. Lowe on MDS:

    This model has always been Maryland compliant as per MSP guidance in that if it is advertised by the manufacture as having a heavy barrel then it is accepted as being a heavy barrel.

    Since the LE6920SOCOM was listed on the MSP "banned" list this was confusing. Initially I spoke with several members of the MSP licensing division concerning the LE6920SOCOM. I was told that it was compliant as it was advertised by the manufacture as being a heavy barrel.

    I received some feedback from some customers that they would feel better if I had it in writing. I then requested for the MSP licensing division to conduct a formal review of the LE6920SOCOM so that those who still had concerns would be put at ease. The result of the review is above in the OP.


    Essentially, in the MSP letter, they say:

    The Maryland State Police is responsible for reaching its own conclusions with respect to whether particular firearms are copies of enumerated banned firearms. In reaching those conclusions, the Maryland State Police adheres to the process articulated in the Firearms Bulletin, #10-2, dated November 4, 2010, a copy of which may be found on our website. To that end, the Maryland State Police has determined that, for enforcement purposes, a firearm is considered a “copy” if it is both cosmetically similar to and has completely interchangeable internal components necessary for the full operation and function of one of the enumerated banned weapons.

    On July 18, 2018, the Maryland State Police Licensing Division received a request from you confirming that you have been unable to determine if the COLT AR-15 MODEL M4A1-SOCOM is a “copy” of an enumerated banned assault long gun, and therefore, unable to make an informed decision regarding its status for legal possession and/or sale in Maryland.

    On September 05, 2018, the COLT AR-15 MODEL M4A1-SOCOM was compared against the list of assault weapons, enumerated in the Public Safety Article, Title 5 §101(r) (2). The COLT AR-15 MODEL M4A1-SOCOM was determined to only be cosmetically similar to the Colt AR-15, enumerated as #15 on the assault weapons list.

    The COLT AR-15 MODEL M4A1-SOCOM was also compared against the “Copycat weapon” definition, located in the Criminal Law Article, Title 4 § 301 (e). The result of that comparison found the COLT AR-15 MODEL M4A1-SOCOM does not meet the “Copycat weapon” definition.

    As a result of the above information, the Maryland State Police Licensing Division accepts the COLT AR-15 MODEL M4A1-SOCOM does not meet the definition of a “copycat weapon” or the definition of a “copy” of an enumerated weapon and as such, exempted from the definition of regulated firearms, pursuant to the enumerated banned assault weapons list. Therefore, the firearm is not subject to Maryland’s Public Safety Article, Title 5, Sub-Title 1. The Maryland State Police has updated its Reviewed Firearms List to account for the COLT AR-15 MODEL M4A1-SOCOM.
     

    Attachments

    • MSP_Letter_Bushmaster_HBAR_28-AUG-1998.pdf
      27.2 KB · Views: 78
    • MSP_Letter_Firearms_List_6-NOV-2015.pdf
      246 KB · Views: 76
    • MSP_Letter_Colt_SOCOM_6-SEP-2018.pdf
      276.9 KB · Views: 76
    Last edited:

    SPQM

    Active Member
    May 21, 2014
    302
    Maryland State Police - Licensing Division Advisory

    Over the years, Maryland State Police (MSP) has pumped out scores of Advisories to firearms dealers; enunciating certain things:

    ---------------------------------------------------------------------------------

    LD-FRS-13-001: TRANSFER OF A REGULATED FIREARM COMPLIANCE ADVISORY (7 JUN 2013)

    Q: Can a Maryland firearm dealer release a regulated firearm after the 7 day waiting period expires?

    A: Under Annotated Code of Maryland, Public Safety Article Section 5-123(a) and consistent with Code of Maryland Regulations Title 29 Section 03.01.10, a regulated firearm may be lawfully sold, leased or transferred by a licensed firearms dealer or other person after the seven-day waiting period, provided that the dealer or person has not received notice that the application has been placed on hold or disapproved by Maryland State Police (Public Safety Article Sec. 5-125(b)) and the dealer or person does not have actual knowledge or reasonable cause to believe that the recipient is disqualified from possessing a regulated firearm under Maryland or federal law.

    A dealer or person may wait until notified that Maryland State Police has completed its investigation and has no obligation or responsibility to sell, lease or transfer prior to being notified that the investigation is completed. The dealer will forward reports of sales of all regulated firearms to Maryland State Police within seven days of the completed sale (COMAR 29.03.01.09)

    Q: If I choose to release a regulated firearm after the 7 day waiting period expires how do I complete the required paperwork?

    A: Dealers who choose to release a regulated firearm prior to the completion of a background investigation should clearly print across the top of the original “hard copy” application, under the document’s title, Maryland State Police Application And Affidavit To Purchase A Regulated Firearm “EIGHTH DAY RELEASE”. Once noted, the application may only be returned to the Firearms Registration Section by mail to:

    Maryland State Police
    Firearms Registration Section
    1111 Reisterstown Road
    Pikesville, MD 21208

    To avoid duplication in processing and billing, eighth day release applications may not be faxed.


    ---------------------------------------------------------------------------------

    BIG NOTE

    The last advisory applied to the old "snail mail/fax" method that was superceded by the automated 77R forced upon us by the 2013 Firearms Safety Act; as per

    LD-FRS-13-002: ELECTRONIC REPORTING OF MARYLAND STATE POLICE APPLICATION AND AFFIDAVIT TO PURCHASE A REGULATED FIREARM

    During the 2013 Legislative Session the Maryland General Assembly passed the Firearms Safety Act of 2013. This legislation, scheduled to become effective October 1, 2013, addresses many aspects of gun licensing and regulation in Maryland. One such aspect is the required automation of Maryland’s regulated firearm purchase and transaction process.

    Beginning October 1, 2013 the Maryland State Police Licensing Division will no longer accept the Maryland State Police Application And Affidavit To Purchase A Regulated Firearm (MSP 77R) via U.S. Mail. However, Maryland’s licensed firearm dealers will be permitted to continue to submit the application and affidavit by facsimile until such time as electronic submission is implemented.


    I don't know if MSP has sent out an updated "8th day release" advisory for Electronic 77Rs.

    ---------------------------------------------------------------------------------

    LD-FRS-Bulletin-14-001: MARYLAND STATE POLICE FIREARM REVIEW REQUEST FORM & WEB SITE FIREARM SEARCH FUNCTIONALITY (9 JUL 2014)

    In this document, MSP states:

    It is the position of the Maryland State Police that the purchase of a firearm is a serious purchase and requires research on the part of the consumer in order to make the best, most informed decision. To ensure that Maryland consumers do not consider purchasing a potentially banned firearm the Department will continue to urge Marylanders to contact a Maryland Regulated Firearms Dealer and/or the firearm manufacturer of the weapon being considered as they are best suited to answer questions about various types of firearms.

    The Maryland State Police is responsible for reaching its own conclusions with respect to whether particular firearms are copies of enumerated banned firearms. In reaching those conclusions, the Maryland State Police adheres to the process articulated in the Firearms Bulletin #10-2 dated November 4, 2010 a copy of which may be found on our website. To that end, the Maryland State Police has determined that, for enforcement purposes, a firearm is considered a copy if it is both cosmetically similar to and has completely interchangeable internal components necessary for the full operation and function of one of the enumerated banned weapons.

    The Maryland State Police has made available to the public its listing of banned firearms, copy-cat weapons and those firearms that have been reviewed by the Department. The list is entitled, The Maryland State Police Licensing Division Reviewed Firearms List. To view the list and or obtain more information regarding the list, please visit us at www.mdsp.org, click on Licensing Division, and then click on the firearm.

    The Maryland State Police will continue to direct consumers seeking information regarding firearm purchases and/or the “copy” status of a weapon to licensed firearms dealers and firearm manufactures.


    Essentially in this, MSP is trying to have "their cake and eat it too" with regards to the banned list; by saying: "Hey, contact FFLs or gun manufacturers to find out if it's legal or not, not us."

    It's basically the "official" version of the language on their firearms list/search website since 2014.

    ---------------------------------------------------------------------------------

    LD-FRS-13-004 (C): 2013 FIREARM’S SAFETY ACT: ASSAULT WEAPONS AND COPYCAT WEAPONS (8 JAN 2014)

    This letter is mostly dealing with firearms dealers who are trying to get questions related to their pre 1 OCT 2013 inventory of firearms that they weren't able to sell by the enactment date of the 2013 FSA.

    The big thing is this statement by MSP regarding HBARs:

    Q: After October 1, 2013, an AR-15 HBar/Heavy Barrel will still not be regulated, however, could an AR-15 HBar/Heavy Barrel or any semi-automatic center fire be considered a copycat weapon?

    A: The Colt AR-15 H-BAR is excluded from the definition of "assault long gun." However, a Colt AR-15 H-BAR or any semi-automatic center fire rifle that meets the definition set forth in CR 4301(e) ("(i) A semi-automatic center fire rifle that can accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a grenade launcher; or 3. a flash suppressor; (ii) A semi-automatic center fire rifle that has a fixed magazine with the capacity to accept more than ten rounds; (iii) A semi-automatic center fire rifle that has an overall length of less than 29 inches.") would be a "copycat weapon."


    ---------------------------------------------------------------------------------

    LD-FRS-14-003: Receivers of Banned Assault Long Guns (16 MAY 2014)

    In this Advisory, MSP says:

    I. Definitions

    Maryland law, Public Safety Article (“PS”) § 5-101(11) (ii) defines “firearm” as:

    1. a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; OR

    2. the frame or receiver of such a weapon.

    Because non-banned weapons, such as pistols and some short-barrel rifles, may be built upon the “stripped” lower receivers of banned assault long guns, the sale of lower receivers of banned assault long guns are not prohibited. This is the case as the “stripped” lower receiver is not, at that point, an assault pistol, an assault long gun or a copycat weapon. However, the “stripped” lower receiver, as per the definition above, is still considered a firearm and therefore is subject to the 77R process.
     

    Attachments

    • LD_FRS_13-001_8th_Day_Release.pdf
      150.7 KB · Views: 69
    • LD-FRS-13-002_Electronic_77R.pdf
      97.5 KB · Views: 71
    • LD-FRS-14-001_MSP_Dealers_Authority.pdf
      204.5 KB · Views: 74
    • LD-FRS-14-003_Receivers_of_Banned_Assault_Long_Guns.pdf
      186.3 KB · Views: 117

    SPQM

    Active Member
    May 21, 2014
    302
    Maryland Attorney General Opinions

    Over the years, the Office of the Maryland Attorney General (OAG) has written several briefs relating to firearms; they are:

    -----------------------------------------------------------------------------------

    OAG 101 (24 MAY 2010) - REGULATED FIREARMS – ASSAULT WEAPONS – WHETHER A WEAPON IS A “COPY” OF A DESIGNATED ASSAULT WEAPON AND THEREFORE SUBJECT TO THE REGULATED FIREARMS LAW

    In this one, the OAG tries to lay out a legal basis of differentating "copies":

    The list of assault weapons in the statute that would be the subject of any “copy” suggests that cosmetic similarity alone would not suffice. For example, three of the firearms listed in PS 5-101(p)(2)3 are described by specific calibers.

    PS §5-101(p)(2)(xviii) (Famas semi-auto (.223 caliber));
    PS§5-101(p)(2)(xxxiii) (Ruger mini-14 folding stock model (.223 caliber));
    PS §5-101(p)(2)(xxxiv) (SIG 550/551 assault rifle (.223 caliber));

    The specification of the caliber indicates that an otherwise identical weapon of a different caliber would not be a regulated firearm. These textual clues indicate that it is not merely the appearance of a weapon, but its internal components and function, that determine whether the weapon is a copy of a listed weapon.


    There's a bit more; but the conclusion is:

    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.

    PS: I got the Maryland Archives to attach two documents to this version:

    1.) Letter from COL Supenski of the Baltimore County PD to Delegate Flanagan, recommending changes to HB 1118, the first attempt at an AWB in MD.

    Basically, it was the BCPD who gave us this:

    On page 1, line, 20, strike "(1)"; and on pages 1 and 2, strike beginning with ”(1)" in line 21 on page 1, down through "CARBINE" in line 19 on page 2, and substitute:

    "(1) ANY OF THE THE FOLLOWING SPECIFIC FIREARMS OF THEIR COPIES REGARDLESS OF WHICH COMPANY PRODUCED AND/OR MANUFACTURED THAT FIREARM:

    (I) UZI 9MM IN ANY FORMAT (MICRO, CARBINE, RIFLE);

    (II) HECKLER AND KOCH HK 91 A3 (.308 CALIBER); 93-A ( .223 CALIBER)
    ....


    2.) A letter by Peter Franchot and John Gary, saying:

    February 22, 1989

    Dear Colleague:

    Thank you for your interest in House Bill 1118 which was designed to restrict future sales of assault weapons in Maryland. We discovered in our research and throughout the Judiciary Committee hearing that the bill, in its original form, was too broad. Therefore, under the guidance of the law enforcement community, we drafted amendments that would narrow the legislation.

    Specifically, the proposed amendments listed actual assault weapons which would be restricted and deleted the generic definition. Further, the amendments explicitly stated that all present gun owners' weapons would be "grandfathered" so that anyone already owning an assault weapon at the time this law was enacted would be able to keep their weapon. We have attached a copy of these amendments for your files.

    Unfortunately, these amendments - and, therefore, the bill-were defeated in the House Judiciary Committee this morning by a vote of 10 to 11.

    However, the problem still needs to be solved. These weapons are proliferating at an alarming rate. For example, in 1986, Approximately 8,100 AK-47's were imported into the United states. in 1988, that number exploded to over 80,000 and, by next session, twice that many more will have been imported.

    Presently, there is a similar bill in the Senate that is scheduled to have a hearing in the Judicial Proceedings Committee on March 9, and the House Judiciary Committee has already committed to a summer study of this legislation. We are confident we will have action on these terrible weapons within a year, and hope you will support this effort.


    -----------------------------------------------------------------------------------

    [RESERVED for other OAGs]
     

    Attachments

    • OAG_101_2010.pdf
      491.6 KB · Views: 71

    SPQM

    Active Member
    May 21, 2014
    302
    Maryland Case Law, et al

    Another source of firearms doctrine is Maryland Case Law.

    -------------------------------------------------------------------------------

    In Woollard v Gallagher, Douglas Gansler, then-AG of MD submitted this brief.

    The reason this brief is notable is that basically AG of MD is effectively saying that it's OK to deny concealed carry permits, because you can just open carry a long gun.

    Maryland’s law is substantially different from the laws at issue in Heller and McDonald in numerous respects. Maryland’s permit law:

    (1) does not regulate the wear and carry of any firearms within an individual’s home, own business, or other property;

    (2) does not regulate the wear and carry in public of any firearms other than handguns;

    (3) does not apply to the wear and carry of handguns in many public places, including in connection with hunting, trapping, a target shoot, formal or informal target practice, a sport shooting event, certain firearms and hunter safety classes, or an organized military activity, CR § 4-203(b)(4);

    (4) allows individuals to obtain a permit to wear and carry handguns in other public spaces with a good-and-substantial reason, including for personal protection; and

    (5) has long historical roots, resembling laws regulating or prohibiting the carrying of concealed and concealable weapons in both the United States and England.
     

    Attachments

    • Woollard-v.-Gallagher-Brief-in-Opposition.pdf
      109.3 KB · Views: 61
    Last edited:

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