Plain English explanation of final SB281, PLEASE?

So can anyone explain, in plain english the turd that got passed today??

doomed!

We got screwed. AGAIN

woodstock said:

doomed!

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Lol.

We support your 2a but since we are in office. You go by our rules.. Screw the constitution.

Drop your drawers, bend over and spread um!

-t

ok, while amusing, what was the final outcome, for restrictions, grandfathering,etc...

mdoffroad said:

ok, while amusing, what was the final outcome, for restrictions, grandfathering,etc...

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Longlist, that our government are the only ones who can decipher...

"assault weapons"(sic) BANNED
mags over 10 rounds BANNED
private sales must be reported
stuff like that.

Go here:
http://www.mdshooters.com/showthread.php?t=114263

-t

mdoffroad said:

So can anyone explain, in plain english the turd that got passed today??

Click to expand...

Here you go: http://www.mdshooters.com/showthread.php?t=114585

Also useful:
http://mdshooters.com/showthread.php?t=109281

In a way you inadvertently set yourself up as a streight man for people to vent some humor.
But truthfully it does defy any short plain english explaination. You'll have to wade thru the linked threads.

tangent said:

Drop your drawers, bend over and spread um!

-t

Click to expand...

And no lube u get sand

erwos said:

Also useful:
http://mdshooters.com/showthread.php?t=109281

Click to expand...

erwos did an awesome job! Thanks man

Is SB281 really that bad? Think about it. If you violate any part of it you will become a criminal. Once you are a criminal all the liberals in this state will come rushing to your aid. We all know that this state is soft on criminals especially when firearms are involved. They just proved it be voting down, I mean re-voting down, the amendment that would have punished criminals for using a weapon in the commission of a crime. With so much vagueness in this bill and the potential to clog the legal system and jails, it will cost too much to house all of us and the libs will certainly come to our defense. The liberal politicians will soon be our biggest allies in the state!

O'Malley and Frosh want to Lemon Party

wait so I'm trying to confirm whether or not SB 281 has officially become law or if it's still up for vote in the senate?

tangent said:

Drop your drawers, bend over and spread um!

-t

Click to expand...

And I thought that was only at Harley Davidson stores!!

pcfixer said:

And I thought that was only at Harley Davidson stores!!

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lol truth!

I did find the link I was looking for, thank you all...

Incase someone is less adept than me.. heres what I was looking for and found:

The final SB 281: A detailed summary for non-lawyers

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THIS UPDATED AND EXPANDED SUMMARY DESCRIBES KEY ELEMENTS OF S.B. 281, THE GOVERNOR'S GUN CONTROL BILL, IN THE FORM APPROVED BY THE HOUSE OF DELEGATES ON APRIL 3, 2013, AND ACCEPTED WITHOUT ANY CHANGES BY THE SENATE ON APRIL 4.

Here is a non-lawyer summary of the final version of SB 281, the O'Malley gun control bill that has passed both houses of the Maryland General Assembly. A final, integrated text of the bill is not yet available on line as this is written. This analysis is based on a jigsaw puzzle of the bill reported by the joint House committee, and individual amendments that were adopted on the House floor. There may be some mistakes here -- if so, I'll correct them as they are pointed out. However, if you see something that doesn't agree with what you read elsewhere, don't assume it is a mistake -- there are a lot of commentaries circulating by people who have not read the actual legislation. I am not a lawyer (but this is not the first time I've read a statute), and nothing below should be construed as legal advice. If you think some provision that I describe is going to cause you some personal legal difficulty, you should consult a lawyer expert in Maryland firearms law and/or federal firearms law.

The bill goes into effect on October 1, 2013. There are possible factors that could delay that, but don't bet on it.

I have skipped some provisions that are of limited interest to a general audience -- for example, provisions giving the Maryland State Police expanded authority to monitor licensed dealers and impose sanctions on them. I have updated earlier versions of this summary by adding a distillation of the mental health provisions.

PLEASE REFRAIN FROM POSTING COMMENTS, IN THIS THREAD, ON THE GOODNESS OR BADNESS OF VARIOUS PROVISIONS. THIS THREAD IS INTENDED ONLY TO CLARIFY POINTS ABOUT WHAT THE BILL DOES OR DOES NOT DO. THERE ARE MANY OTHER THREADS WHERE YOU CAN VENT ABOUT THE BILL.

ALSO, IF YOU POST A COMMENT BELOW, PLEASE DON'T QUOTE THIS ENTIRE ANALYSIS -- JUST QUOTE THE NUMBERED PARAGRAPH THAT YOU WANT TO COMMENT ON.

Here it is:

1. Future purchase of a regulated firearm, which from now on means a handgun (because currently regulated long guns are going to become banned long guns), would require a "handgun qualification license." (The handgun license is not required for an active or retired member of the armed forces of the United States or the National Guard, for active or retired law enforcement officers, or to purchase any handgun defined in federal law as an antique, or curio or relic.) One must be age 21 to apply for the license. To obtain the license requires fingerprinting, a $50 fee paid to the state, and proof of satisfactory completion of either "a firearms safety training course approved by the Secretary [of the Maryland State Police]," which must be at least 4 hours long and cover certain specified subjects, or else a course approved by the DNR under existing law, which refers to the DNR hunter certification course. There are certain exceptions to the training requirement, including an exception for anyone who "lawfully owns a regulated firearm" -- these people still need the handgun qualification license, but would not be subject to the training requirement. There are certain specifications for the training course, including the 4-hour requirement and a requirement that it include "an orientation component that demonstrates the person's safe operation and handling of a firearm." I see no provision that would allow a person to inherit handguns unless he or she first obtains the handgun qualification license -- I may be mistaken about this, and if I am, I would be interested in an explanation of how an unlicensed heir could lawfully take possession of handguns.

2. New acquisition of any firearm defined as an "assault long gun" would be banned as of October 1, 2013, with narrow exceptions for law enforcement, manufacturers, certain defense contractors and the like. The ban would extend to all of the 45 named models of rifles previously listed as regulated rifles in the Public Safety Article, including (as I read it) any long guns deemed to be "copies" of the named models by past or future interpretation. In addition, the bill would ban future acquisition of any so-called "copycat" firearms. Please note: do not confuse "copy" (see above) and "copycat." In this bill, the two terms mean two completely different things. "Copycat" does not mean that a firearm is really a copy of anything -- it is just a political gimmick term to refer to firearms that have the specific characteristics that will cause them to be banned.

3. A centerfire rifle will be a banned "copycat" if it meets any one of these three tests:
(1) Has a fixed magazine with the capacity to accept more than 10 rounds; or
(2) has an overall length of less than 29 inches; or
(3) has two of the following attributes: (i) folding stock, (ii) grenade or flare launcher, or (iii) flash suppressor.

4. A semiautomatic RIMFIRE rifle will never be an "assault" weapon under this bill.

5. A semiautomatic pistol will be a banned as an assault/copycat weapon only if it has a fixed magazine that can accept more than 10 rounds; this applies to both rimfire and centerfire.

6. A semiautomatic shotgun will be banned as an assault/copycat weapon if it has either a folding stock or a revolving cylinder.

7. "Assault" weapons and "copycat" firearms possessed as of October 1, 2013, will be grandfathered in, with no registration requirement, for both current Maryland residents and people who move to Maryland in the future. Their lawful owners may continue to possess them and to transport them. This would also apply to any such firearm for which the would-be owner "has a purchase order for. or completed an application to purchase" as of October 1, 2013" (note: that phrase was inserted on the floor on April 3, in place of the earlier phrase referring to a "verifiable purchase order"). However, a resident of another state who lawfully acquires such a weapon after October 1, 2013, and who then moves into the state with it, would commit an offense. (It would be a crime even to bring such a non-grandfathered rifle into the state for a shooting competition, although just driving across the state with an ultimate destination in another state, with the gun unloaded and cased separately from ammo, would in theory be protected by a federal law, §18 U.S.C. 926.) Grandfathered assault weapons may be passed on by inheritance. A dealer may sell an "assault long gun" or "copycat" that he "lawfully possessed on or before October 1, 2013." It is not clear to me whether this means the dealer can sell this inventory to Maryland residents; I think the more likely reading is that the dealer may only sell them to residents of other states, subject to the usual federal transfer requirements, or to in-state law enforcement buyers.

8. Anyone who moves into the state would be required to register "all regulated firearms" with 90 days after establishing residency. This would apply to all handguns, except muzzleloaders and antiques (pre-1899), no matter when or where they were acquired. I suppose it will also be applied to any "assault" rifle that was lawfully possessed by the new resident prior to October 1, 2013, although that is not perfectly clear. There will be a $15 application charge, which will cover any number of handguns/regulated firearms. It appears to me that criminal penalties would apply for failure to register a handgun within 90 days, but I would appreciate some lawyer well versed in the criminal code looking at that question. If I am right, a new resident might find grandpa's old service revolver in a trunk in a few years, take it down to the local gun shop to sell it, and end up arrested for failure to register the handgun within 90 days of establishing residency.

9. I see nothing here to allow a person who lacks the handgun qualification license to temporarily "receive" handgun to shoot on the premises of a range, under the supervision of a parent or spouse, or whatever. Some people point to language in the bill dealing with the temporary possession of regulated handguns by minors, but this is merely the current language of the old regulated firearm law, which is reproduced in the bill because of the legislature's convention in showing where new provisions are being inserted. In my opinion, the old provision allowing temporary possession by a minor under certain circumstances does not clearly constitute an exception to the proposed new requirement that nobody can "receive" a handgun without first obtaining the handgun qualification license -- and a person under age 21 cannot even apply for that license. Even if I am wrong about the minors, there is no exception for unlicensed spouses, guests from out of state, people who want to try out a handgun at a rent-a-gun range, and so forth. I know that some people insist that this is not the intent. Maybe not -- but explicit language would make that clear, and the sponsors did not add any such language that I can see. While I may have misunderstood her, at one point during the House floor debate, I thought I heard Delegate Kathleen Dumais (D-Montgomery), the floor leader for the bill, dismiss such concerns on grounds that prosecutors can be relied on to exercise "discretion."

10. Future transfers within Maryland of detachable magazines with capacity of greater than 10 rounds are banned. This is true whether or not the magazine is the manufacturer's standard issue for a certain pistol, and it applies to magazines that are associated with old guns. It would be an offense to even offer such a magazine for sale in Maryland. This law applies in Maryland. It does not ban possession of magazines that are lawfully owned or lawfully purchased.

11. As in the bill passed by the Senate, those who qualify for Maryland carry permits will required to undergo 16 hours of instruction before a permit is issued, and 8 hours before each renewal (i.e., every two or three years), with certain exceptions. The bill would change current law so that permit holders could be criminally charged for carrying outside the bounds of any permit restrictions, in contrast to current law under which carrying outside of restrictions is dealt with administratively (for example, by revocation of the permit). The bill does not change the standards by which permits will be issued or denied.

12. The bill removes all firearms rights from persons targeted by out-of-state "protective" orders, without any language requiring that that the targeted person have an opportunity to receive notice and defend himself in court before the disqualification is applied. There is no language in the bill limiting the scope of this provision to domestic partners, although some say that is the intent.

13. The bill removes all firearms rights from persons who are protected by court-appointed guardians (either guardians of the person, or guardians-of-property for non-minors), without any language requiring a finding of danger to oneself or others, and without any exceptions for temporary possession for participation in shooting sports and the like. The only exception is guardianships based purely on a "physical" disability.

14. The bill would make it a new crime to "during and in relation to a crime of violence . . . possess or use restricted firearm ammunition." The House committee adopted an entirely new definition of what constitutes "restricted firearms ammunition," and I do not have the technical competence to interpret it. I underscore that this is not a ban on sale or possession, but on use in relation to a crime of violence.

15. The committee-reported bill contains the Simmons Amendment, which would disqualify from firearms ownership those persons who received Probation Before Judgment for certain crimes that are listed in the amendment. As amended on the House floor, this would not apply to PBJs that are expunged. The Simmons Amendment is discussed in detail in a separate thread, in which I have reproduced the entire provision verbatim, here:
http://www.mdshooters.com/showthread.php?t=113930

16. The bill provides that a regulated firearms owner "shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovered the loss or theft." This will apply to handguns and pre-ban "assault" weapons, not "regular" rifle guns and long guns. Anyone who "knowingly and willfully violates" this requirement is subject to a $500 fine on the first offense, and to 90 days and/or a $500 fine on any subsequent offense. The provision provides no new penalties for the individuals who actually steal the guns.

17. The bill includes a new provision of law establishing that state records of firearms transfers, carry permits, etc., are not generally subject to public inspection, except by the person named in the records or his attorney.

18. The bill imposes blanket firearms disqualifications on various broad new classes of persons. By "blanket firearms disqualification," I mean a prohibition on acquisition or possession of any type of handgun or long gun, except those defined in state law as antiques, or any type of ammunition. These include: (a) people who "suffer from a mental disorder as defined in §10-101(F)(2) of the Health-General Article and have a history of violent behavior against the firearm applicant or another." (b) Anyone "found incompetent to stand trial under §3-106 of the Criminal Procedure Article." (c) Anyone "found not criminally responsible under §3-110 of the Criminal Procedure Article." (d) Anyone who has ever "been voluntarily admitted for more than 30 consecutive days to a facility as defined in §10-101 of the Health-General Article." (e) Anyone who has ever "been involuntarily committed to a facility as defined in §10-101 of the Health-General Article," for any length of time. (f) Anyone for whom a guardian has been appointed under either §13-201(C) (guardianship of property for adults) or §13-705 (guardianship of the person) of the Estates and Trust Article, "except for cases in which the appointment of a guardian is solely the result of a physical disability." (g) Anyone against whom a protective order has been issued by a Maryland court or a court in any other state (see paragraph no. 12 above). (f) Anyone who has received a Probation Before Judgment for certain enumerated crimes, unless it has been expunged -- this is the Simmons Amendment, described in paragraph no. 15 above, and in much greater detail here. Anyone who is disqualified under the mental health or guardianship provisions may apply to the Department of Health and Mental Hygiene for "relief," meaning partial or complete restoration of firearms rights. Such an application must be accompanied by extensive documentation, including a statement by a psychiatrist or psychologist stating an opinion as to whether the applicant would be a danger to himself or others (these licensed professionals are granted immunity from liability for these opinions), authorization to view all medical records, "three statements . . . attesting to the applicant's reputation and character relevant to firearms ownership and possession including . . . at least two statements provided by an individual who is not related to the applicant," and so forth. The department is supposed to grant or deny the application within 60 days. If denied, the applicant has a right to request a hearing, or appeal to the circuit court. This so-called "restoration" process does not apply to disqualifications imposed by the Simmons Amendment, which can be lifted only by the legal process of expungment.

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2. New acquisition of any firearm defined as an "assault long gun" would be banned as of October 1, 2013, with narrow exceptions for law enforcement, manufacturers, certain defense contractors and the like.

I hope the manufactures wont sell to law enforcement or alike if the general public can't purchase it.

This is such ********, I'm really bothered by this govt sneaky under handed tactics every moment I'm not working and then some too. What is happening to our once great country and when will it stop. My grandfathers generation sacrificed life and limb for this country to be great and I listen to the tails of struggle through the 20s 30s 40s and 50s etc. Now these new generations and ****ing liberals can't give it away fast enough. We don't produce anything anymore all we do is consume. What will be left for our children. When is there going to be a line in the sand. How do we really get these people out of office civilly before they need to be forcefully removed. Sorry did not mean to rant in your thread.