HB0004 Rifles and Shotguns - Secondary Transactions

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  • whistlersmother

    Peace through strength
    Jan 29, 2013
    8,968
    Fulton, MD
    The remaining 5 years is for knowingly loaning to someone who would use it to do harm. 6 months & $10K for not doing a background check for a sale/transfer. IANAL

    Thanks.

    So once all the "loopholes" are closed, and the violence in Baltimore continues unabated, what are the politicians going to blame?

    I guess they'll take a cue from NY's play and blame WV for all the "illegal guns" flowing into Maryland.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,258
    Outside the Gates
    Thanks.

    So once all the "loopholes" are closed, and the violence in Baltimore continues unabated, what are the politicians going to blame?

    I guess they'll take a cue from NY's play and blame WV for all the "illegal guns" flowing into Maryland.


    They will blame not having enough anti gun laws and make more, 'cause more better, right?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Even if they are both residents of the same state?

    Yep...Per federal law, if you and I are in WV and you sell me a firearm, or gift me one, in WV, it must be done at an FFL. Once we cross state lines, we subject ourselves to the state laws we are in as well as federal law. WV would have no issue, but federal law would provide us with a new room mate named Bubba.
     

    Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    Yep...Per federal law, if you and I are in WV and you sell me a firearm, or gift me one, in WV, it must be done at an FFL. Once we cross state lines, we subject ourselves to the state laws we are in as well as federal law. WV would have no issue, but federal law would provide us with a new room mate named Bubba.
    Not sure on this. Based on my understanding, if we're both Marylanders with MD licenses, we can do a private sale regardless of location I thought. If our licenses had different states however we'd be breaking federal law.
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,369
    HoCo
    Not sure on this. Based on my understanding, if we're both Marylanders with MD licenses, we can do a private sale regardless of location I thought. If our licenses had different states however we'd be breaking federal law.

    get away with or legal? Fed laws here cause you are crossing state lines.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Not sure on this. Based on my understanding, if we're both Marylanders with MD licenses, we can do a private sale regardless of location I thought. If our licenses had different states however we'd be breaking federal law.

    Your understanding is incorrect, once you cross state lines, you are subject to the laws of that state, as well as federal law, which REQUIRES any transaction performed by ANYONE not a resident, to perform that transaction through an FFL, for ALL long guns.
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,120
    In the boonies of MoCo
    TLDR; If you sell a buddy a non-regulated gun in another state, making them the owner there and keeping proof to back it up, can the idiots in Annapolis claim you broke the law?

    You are beholden to the laws of the state in which you permanently reside as well as the laws of the state in which you conduct a transfer. That's why it is illegal for a MD permanent resident to purchase a weapon on the banned list in another state.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    It’s amazing how quick they can write up penalties for not doing what they say and how quick them and law enforcement are to throw the book and gun owners.

    What’s not amazing is how they refuse to prosecute and set free over and over again if they get prosecuted, folks that have pages of crimes committed but vote democrat.

    I guess law abiding gun owners are just easy targets. No pun intended.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,737
    You are beholden to the laws of the state in which you permanently reside as well as the laws of the state in which you conduct a transfer. That's why it is illegal for a MD permanent resident to purchase a weapon on the banned list in another state.

    Technically that is federal law. Federal law says home state rules and laws apply. Maryland can’t reach out to you in another state to apply its laws on firearms. But federal law says they still apply.

    I realize that’s nuance and the end result is the same. But take for a moment the mag thing. Mags aren’t covered under federal law in any way. So MD law can’t reach out to you in, say, PA. If home state law applies under federal laws...
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,737
    It’s amazing how quick they can write up penalties for not doing what they say and how quick them and law enforcement are to throw the book and gun owners.

    What’s not amazing is how they refuse to prosecute and set free over and over again if they get prosecuted, folks that have pages of crimes committed but vote democrat.

    I guess law abiding gun owners are just easy targets. No pun intended.

    I am sure some of them vote, but the vast majority don’t. Heck only about a third to two fifths of the eligible general populace votes in any given election. I’d bet those with those pages of priors vote a whole lot less than that.

    But, yes, point taken.
     

    smkranz

    Certified Caveman
    MDS Supporter
    Feb 21, 2013
    4,388
    Carroll County
    when does it become law ?



    10/01/2020 as drafted. Still has to come out of the House as well, and I think a conference committee if there are still differences.


    NRA Life ∙ MSI ∙ MD Designated Collector ∙ Certified Beer & Mead Judge
     

    Kicken Wing

    Snakes and Sparklers
    Apr 5, 2014
    868
    WASH-CO
    when does it become law ?

    Too soon. I am so confused over this bill. I followed it up to a certain point. I see the amendments as posted by PowPow. How does this layer with proposed HB1104/SB1074? I remember "or" being replaced with "and" by the commie mommies dictator last week. I got MSI email today explaining in detail what HB1104/SB1074 does to us, the law abiding. So they gutted the loan portion of HB4 and SB208 only to come around and sock us with HB1104/SB1074? I am ready to vent :mad54: Catch Corona Virus, lick palms, shake hands of D's
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,176
    Anne Arundel County
    Too soon. I am so confused over this bill. I followed it up to a certain point. I see the amendments as posted by PowPow. How does this layer with proposed HB1104/SB1074? I remember "or" being replaced with "and" by the commie mommies dictator last week. I got MSI email today explaining in detail what HB1104/SB1074 does to us, the law abiding. So they gutted the loan portion of HB4 and SB208 only to come around and sock us with HB1104/SB1074?

    Different "They"s. The same House committee that played the dirty trick with HB1104 passed HB0004 with all tbe noxious loan provisions that got neutered in the Senate JPC. Dems may all be adverlsaries of 2A, but to different degrees and with different levels of outright malice. House Judiciary Committee is the worst of the worst with Atterbeary as Vice Chair. I wonder if she can be primaried?
     

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