MD firearms collector question

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    "Bona fide" collector means you identify as a collector, in good faith. The State of Maryland has honored your self-description with a letter designating you as a collector, after having verified that you meet their requirements for owning a firearm. So they are also acting in good faith with their determination of your bona fides.

    For thirty extra dollars and the price of a stamp, the federal government will, after examining your records, issue you a Federal Firearms license, for the express purpose of your furthering your ability to develop your collection through interstate commerce. The full faith and credit of the almighty US Government is behind you in this endeavor.

    After some expenditures you will have a collection, of sorts.

    Glocks are not yet 50 years old, nor are they listed in the BATFE C&R lists. However, transporting one or more firearms that would fall into the C&R category ought to acceptable to the court. (It might take some time and money to bring the argument to the court that would find it acceptable, of course.)

    It's difficult to see how your status as a "collector" could be questioned, in light of the above.

    No, they are saying you are a "Designated Collector." They are not designating you as a collector.

    Different terms.

    You can be a "Designated Collector" with one firearm. How is that a Bona Fide Collection? Even if the one firearm is a collectible.

    bo·na fide
    ˌbōnə ˈfīdē
    adjective
    1. genuine; real.
    "only bona fide members of the company are allowed to use the logo"
    synonyms: authentic, genuine, real, true, actual;
    adverb LAW
    1. sincerely; without intention to deceive.

    col·lec·tion
    kəˈlekSH(ə)n/
    noun
    noun: collection
    1. the action or process of collecting someone or something.
    "the collection of maple sap"

    2. a group of things or people.
    "a rambling collection of houses"
    synonyms: group, crowd, body, assemblage, gathering, throng; More
    an assembly of items such as works of art, pieces of writing, or natural objects, especially one systematically ordered.
    "paintings from the permanent collection"
    synonyms: hoard, pile, heap, stack, stock, store, stockpile; More
    an art museum's holdings organized by medium, such as sculpture, painting, or photography.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,615
    MoCo
    ...so, ladies and gentlemen of the jury, there are approximately 180,000 pages of federal regulations, and in the 1980's, there were estimated to be about 23,000 pages of federal statutes, and we've since lost count. I don't even know what happens when you add in Maryland laws, and county laws. And every one of us is responsible for complying with them all. Today, the prosecution tells us that the defendant is a "designated collector." Not a "bona fide collector" or a plain old "collector," or perhaps some other sort of collector we haven't heard about yet. He then tells us that one type of collector has rights that are different from the rights that other types of collectors have. The defendant received his letter, this letter here, from the state, telling him that he is some sort of collector. The state has led him down the garden path. How does anyone know that the state recognizes different varieties of collectors? Where are you supposed look, in all of these pages of laws and regulations, to find out that there is more than one kind of collector, and that one kind of collector can do some things, but not the same things that other types of collectors can do, and certainly not transporting a handgun. What is an ordinary citizen to do?

    Rant over.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    I think a prosecutor could make a strong argument that you were not acting in Good Faith, but rather in Bad Faith. The law was written to prevent people from bearing arms, that is, routinely driving around with a handgun "just because."

    Everything about this "My Designated Collector letter is actually a Licence to Routinely Drive Around with a Handgun Just Because" reeks of Bad Faith, gaming the system, and trying to work loopholes. You are obviously trying to twist a simple exemption from "one gun a month" into something it was absolutely never intended to be, in the process committing the very act which the law was intended to criminalize.

    Why?

    Why are you transporting the handgun? Are you stopping by the range after work? Then you are legally transporting for target practice. The law says nothing about direct travel, no stops, or such ********, so why are you bullshitting the court with this obvious Bad Faith attempt to game the system?

    What annoys me is the "wink, wink, nudge nudge Private Exhibition...yeah, that's it...uh...Private Exhibit of my Valuable Collection...ha ha wink wink nudge nudge." If that annoys me, then I suspect it is really going to piss off the Court.


    Do you really think you can show that stupid letter to the cop on the side of the road, and he's going to apologize and give you your gun back? Do you really think that's how it will work?


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

    True.

    However if you had a C&R license, I bet you could make a good argument to a prosecutor and a better one to a jury (if you had a good lawyer) if you actually were, say, driving your cool Colt 1911 serial number 1432 over to a friends house to show it to them, got in a fender bender and the officer sees it in your trunk.

    You are a collector of curios and antiques and you were transporting part of your collection to show it off to a friend. Seems Bona Fide collector transporting part of their collection seems to apply here.

    Because under current law I can’t drive a handgun over to show it off to a friend who wants to see it. I mean, I guess I and my friend could quick lie and say he was interested in purchasing it and you might get a sale/transfer exception there.

    In this state not something I’d want to dicker with or risk.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    "Bona fide" collector means you identify as a collector, in good faith. The State of Maryland has honored your self-description with a letter designating you as a collector, after having verified that you meet their requirements for owning a firearm. So they are also acting in good faith with their determination of your bona fides.

    For thirty extra dollars and the price of a stamp, the federal government will, after examining your records, issue you a Federal Firearms license, for the express purpose of your furthering your ability to develop your collection through interstate commerce. The full faith and credit of the almighty US Government is behind you in this endeavor.

    After some expenditures you will have a collection, of sorts.

    Glocks are not yet 50 years old, nor are they listed in the BATFE C&R lists. However, transporting one or more firearms that would fall into the C&R category ought to acceptable to the court. (It might take some time and money to bring the argument to the court that would find it acceptable, of course.)

    It's difficult to see how your status as a "collector" could be questioned, in light of the above.

    The e-mail I posted earlier, from MSP, would differ with your comments above.

    For your edification, in case you missed it, here it is again:

    MSP said:
    From: "Sgt. Jason Edwards (State Police)" <jason.edwards@maryland.gov>
    Date: November 2, 2017 at 3:58:47 PM EDT
    To: "V.O.U. Gunsmith" <bpowers@vougunsmith.com>
    Subject: Re: MD Designated Collector Application

    As previously stated, the Designated Collector status is solely for individuals wishing to purchase more than one handgun in Maryland within a 30 day period. It is in no way related to exception set forth in Section 4-203(b)(5) of the Criminal Law Article. Section 4-203(b)(5) does not require that a person be designated as a collector by the Maryland State Police. In other words, an individual may transport handguns under the provisions of 4-203(b)(5) without having been designated as a collector by the Maryland State Police.


    Sergeant Jason Edwards
    Maryland State Police
    Licensing Division
    Firearms Registration Unit
    Operations Supervisor
    1111 Reisterstown Road
    Pikesville, Maryland 21208

    Office: 410-653-4508
    Fax: 410-653-4036
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    True.

    However if you had a C&R license, I bet you could make a good argument to a prosecutor and a better one to a jury (if you had a good lawyer) if you actually were, say, driving your cool Colt 1911 serial number 1432 over to a friends house to show it to them, got in a fender bender and the officer sees it in your trunk.

    You are a collector of curios and antiques and you were transporting part of your collection to show it off to a friend. Seems Bona Fide collector transporting part of their collection seems to apply here.

    Because under current law I can’t drive a handgun over to show it off to a friend who wants to see it. I mean, I guess I and my friend could quick lie and say he was interested in purchasing it and you might get a sale/transfer exception there.

    In this state not something I’d want to dicker with or risk.

    C&R is a completely different animal than the DC letter from MSP, so yes, bona fide collector would more than likely apply.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Still, if you cannot make a case that you actually have a collection, you will have a hard time winning that case.

    One late model Glock? Not likely.

    Several 1911s over various time frames or sizes or manufacturers? MUCH better chance. Even one historically significant 1911 would be better.
     

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