HB0879/SB0742 - Imitation Firearms - Prohibition

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  • aray

    Ultimate Member
    Jun 6, 2010
    5,308
    MD -> KY
    Details of the bill:

    Synopsis: "Prohibiting the sale, offer of sale, possession, use, attempt to use, or transfer of an imitation firearm; defining terms; establishing criminal penalties; establishing exceptions; authorizing the Attorney General to file a civil action to enjoin a violation of the Act; and authorizing a circuit court to enjoin a violation of the Act."

    Senate hearing on Wednesday 3/9 at 1 PM. House hearing on Tuesday 3/15 at 1 PM.

    Text of the bill is here and further details are located here.

    -----

    Suggested talking points:

    * This bill bans toys. Yes toys.

    * Depending on the exact appearance and color, toys which fall into the banned list can include: pellet guns, BB guns, air rifles, airsoft guns, paintball guns, laser tag guns, squirt guns, cork (pop) guns, cap guns, potato guns, nerf guns, and yes - even the feared marshmallow gun.

    * Laugh at them. Saul Alinsky's Rule #5: "`Ridicule is man’s most potent weapon.' There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions."

    * Are you really going to throw kids in jail? Seriously? The law makes no exception for kids playing.

    * As written it can ban replica or imitation firearms used by the VFW, by the ROTC, by ceremonial guards, by high school drill teams, etc.

    * True legitimate air rifles used by target shooters, and used by residential homeowners and farmers to control vermin are also banned. There are no exceptions for legitimate and lawful use of valid rifles for their intended purposes - even on private land.

    * Currently owned guns and devices are not grandfathered in. You're instantly turning untold thousands of adults and kids into criminals overnight. How are they to even know that a BB gun lawfully purchased many years ago is suddenly going to throw them in jail for up to one year and cost them one thousand dollars (for each item)?

    * There's not even a registration scheme by which current owners can keep owning these devices. It is complete prohibition - thus making toys more highly regulated than even true firearms!

    * The bill "takes" private property with no compensation, with no reimbursement for fair market value. And while toys may be a few tens of dollars each, some air rifles can be from several hundred to several thousand dollars each.

    * The bill does not provide a mechanism for gun turn-in. What are owners to do prior to the law taking effect? Turn them over to the MSP? What if an owner discovers a long-forgotten BB gun hiding in a closet after the law takes effect? Will he or she be arrested? Can they take it to the MSP for destruction? The law as written says "no". Even "transfer" to a real FFL seems to be prohibited.

    * Is Toys R Us going to have a toy gun buyback program? (Ref: the rule on ridicule...)

    * This is going to turn Maryland into a laughing stock around the nation. Can you imagine what's going to happen when the media gets wind that Maryland is trying to ban squirt guns and marshmallow guns?

    -----

    How to help:

    * Visit Annapolis in person. Show up and testify on 3/9 for the Senate bill, and on 3/15 for the House bill. Sign up by noon to testify starting at 1 PM. If you want to provide written testimony, by 11 AM leave 30 copies for the House (20 for the Senate on a subsequent date). Then go speak with your delegates after the hearings. If you don't know who represents you in the GA, you can find that out here.

    * Make phone calls. Once you know who represents you, the entire list of GA legislators can be found here. Links off of that page will lead you to each legislator, to include his or her phone & fax numbers, office locations, individual email addresses, and other contact information.

    * Email your legislators, or even the entire General Assembly. There are convenient emailers at AGC or also the Civic Action email system. You don't need to cover all of the points I suggested above. Pick one, or two. Something in their inbox is better than nothing. In aggregate, we'll cover it all, but everyone has to do their part.

    Re: emails, I'd recommend you pick one bad bill a night and send it off. The drip drip drip of all of us flooding the GA's email servers every day and every week is much more effective than a one size fits all massive blast you only do once. You don't have to be wordy. Pick a bill, make your points, then come back the next night and do it again with another bill. When you've cycled through them all, have people you know believe the same way join in to do it too. Which leads me to:

    * Get your wife involved, your kids involved, your neighbors, your friends, your work colleagues who feel the same way, the folks on your social media accounts, etc. At the moment I'm not seeing the passion we need to stop this and other bad bills; we all need to do more.

    * I'd also suggest on all of those emails, calls, etc. that you contact Governor Larry Hogan as well, and ask him to veto the bill if it passes, stating the reasons why you believe he should do that. You can find his contact information here.

    By all means use any or all of the information above that you find helpful, but of course put it in your own words. This should be personalized to you otherwise cut & pastes will be recognized for what they are and ignored. It doesn't have to be long, it doesn't have to be eloquent - just speak from your heart even if brief and that will make a difference.

    -----

    Final comment: Who the heck knows what's going on in the minds of GA Members, but if I had to guess I'd think this will be the easiest bill to defeat. It so poorly written, and so conceptually stupid, that I think the majority of GA Members will have to recognize that. Even so, it might be helpful to use this bill as an example to them of overreach, of extremism on the other side. This bill is far from "common sense".
     

    shooter56

    Active Member
    Aug 28, 2015
    141
    * True legitimate air rifles used by target shooters, and used by residential homeowners and farmers to control vermin are also banned. There are no exceptions for legitimate and lawful use of valid rifles for their intended purposes - even on private land.

    According to the bill, "imitation firearm" does not include a device "that has legibly stamped on the exterior the name of the manufacturer or some trade name, mark, or brand by which the manufacturer can be readily identified". Therefore, my air rifle and most any other would not be prohibited.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    This would effectively ban movie and stage props, in the state of Maryland, wouldn't it?
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    Details of the bill:

    Synopsis: "Prohibiting the sale, offer of sale, possession, use, attempt to use, or transfer of an imitation firearm; defining terms; establishing criminal penalties; establishing exceptions; authorizing the Attorney General to file a civil action to enjoin a violation of the Act; and authorizing a circuit court to enjoin a violation of the Act."

    Senate hearing on Wednesday 3/9 at 1 PM. House hearing on Tuesday 3/15 at 1 PM.

    Text of the bill is here and further details are located here.

    -----

    Suggested talking points:

    * This bill bans toys. Yes toys.

    * Depending on the exact appearance and color, toys which fall into the banned list can include: pellet guns, BB guns, air rifles, airsoft guns, paintball guns, laser tag guns, squirt guns, cork (pop) guns, cap guns, potato guns, nerf guns, and yes - even the feared marshmallow gun.

    * Laugh at them. Saul Alinsky's Rule #5: "`Ridicule is man’s most potent weapon.' There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions."

    * Are you really going to throw kids in jail? Seriously? The law makes no exception for kids playing.

    * As written it can ban replica or imitation firearms used by the VFW, by the ROTC, by ceremonial guards, by high school drill teams, etc.

    * True legitimate air rifles used by target shooters, and used by residential homeowners and farmers to control vermin are also banned. There are no exceptions for legitimate and lawful use of valid rifles for their intended purposes - even on private land.

    * Currently owned guns and devices are not grandfathered in. You're instantly turning untold thousands of adults and kids into criminals overnight. How are they to even know that a BB gun lawfully purchased many years ago is suddenly going to throw them in jail for up to one year and cost them one thousand dollars (for each item)?

    * There's not even a registration scheme by which current owners can keep owning these devices. It is complete prohibition - thus making toys more highly regulated than even true firearms!

    * The bill "takes" private property with no compensation, with no reimbursement for fair market value. And while toys may be a few tens of dollars each, some air rifles can be from several hundred to several thousand dollars each.

    * The bill does not provide a mechanism for gun turn-in. What are owners to do prior to the law taking effect? Turn them over to the MSP? What if an owner discovers a long-forgotten BB gun hiding in a closet after the law takes effect? Will he or she be arrested? Can they take it to the MSP for destruction? The law as written says "no". Even "transfer" to a real FFL seems to be prohibited.

    * Is Toys R Us going to have a toy gun buyback program? (Ref: the rule on ridicule...)

    * This is going to turn Maryland into a laughing stock around the nation. Can you imagine what's going to happen when the media gets wind that Maryland is trying to ban squirt guns and marshmallow guns?

    -----

    How to help:

    * Visit Annapolis in person. Show up and testify on 3/9 for the Senate bill, and on 3/15 for the House bill. Sign up by noon to testify starting at 1 PM. If you want to provide written testimony, by 11 AM leave 30 copies for the House (20 for the Senate on a subsequent date). Then go speak with your delegates after the hearings. If you don't know who represents you in the GA, you can find that out here.

    * Make phone calls. Once you know who represents you, the entire list of GA legislators can be found here. Links off of that page will lead you to each legislator, to include his or her phone & fax numbers, office locations, individual email addresses, and other contact information.

    * Email your legislators, or even the entire General Assembly. There are convenient emailers at AGC or also the Civic Action email system. You don't need to cover all of the points I suggested above. Pick one, or two. Something in their inbox is better than nothing. In aggregate, we'll cover it all, but everyone has to do their part.

    Re: emails, I'd recommend you pick one bad bill a night and send it off. The drip drip drip of all of us flooding the GA's email servers every day and every week is much more effective than a one size fits all massive blast you only do once. You don't have to be wordy. Pick a bill, make your points, then come back the next night and do it again with another bill. When you've cycled through them all, have people you know believe the same way join in to do it too. Which leads me to:

    * Get your wife involved, your kids involved, your neighbors, your friends, your work colleagues who feel the same way, the folks on your social media accounts, etc. At the moment I'm not seeing the passion we need to stop this and other bad bills; we all need to do more.

    * I'd also suggest on all of those emails, calls, etc. that you contact Governor Larry Hogan as well, and ask him to veto the bill if it passes, stating the reasons why you believe he should do that. You can find his contact information here.

    By all means use any or all of the information above that you find helpful, but of course put it in your own words. This should be personalized to you otherwise cut & pastes will be recognized for what they are and ignored. It doesn't have to be long, it doesn't have to be eloquent - just speak from your heart even if brief and that will make a difference.

    -----

    Final comment: Who the heck knows what's going on in the minds of GA Members, but if I had to guess I'd think this will be the easiest bill to defeat. It so poorly written, and so conceptually stupid, that I think the majority of GA Members will have to recognize that. Even so, it might be helpful to use this bill as an example to them of overreach, of extremism on the other side. This bill is far from "common sense".



    So no more movies filmed in Maryland.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    According to the bill, "imitation firearm" does not include a device "that has legibly stamped on the exterior the name of the manufacturer or some trade name, mark, or brand by which the manufacturer can be readily identified". Therefore, my air rifle and most any other would not be prohibited. That said, I do believe this bill is insane.

    there's no "or" between the first 3 requirements in the bill, just a semi colon which indicates that the first 3 exemptions are taken together. the semi colon acts as an "and".

    bright colorscheme
    and
    blocked barrel
    and
    trademarked

    or

    replica of a non firing antique

    The bill author may intend something else, but the way it is written currently, matches my description. your air rifle would be banned under the house bill.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Terrific write up ARAY.


    * Currently owned guns and devices are not grandfathered in. You're instantly turning untold thousands of adults and kids into criminals overnight. How are they to even know that a BB gun lawfully purchased many years ago is suddenly going to throw them in jail for up to one year and cost them one thousand dollars (for each item)?

    When aray is not wearing out his word processor, he has been hitting the bricks with us. Many thanks.
     

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    KL1

    Member
    Feb 6, 2013
    85
    Northern MoCo
    there's no "or" between the first 3 requirements in the bill, just a semi colon which indicates that the first 3 exemptions are taken together. the semi colon acts as an "and".

    bright colorscheme
    and
    blocked barrel
    and
    trademarked

    or

    replica of a non firing antique

    The bill author may intend something else, but the way it is written currently, matches my description. your air rifle would be banned under the house bill.

    I believe that is incorrect. I believe the semicolons imply a list, with the "OR" indicating any one of the conditions in the list. Just look at section 5-602(C) which says the restriction does not apply if the imitation firearm is part of a:
    (1) television program;
    (2) theatrical production; OR
    (3) motion picture

    If your interpretation of the semicolons were correct, that section would mean that you were only excepted if part of a television program AND theatrical production simultaneously.
     

    shooter56

    Active Member
    Aug 28, 2015
    141
    there's no "or" between the first 3 requirements in the bill, just a semi colon which indicates that the first 3 exemptions are taken together. the semi colon acts as an "and".

    I disagree. The "or" is implied since it is used between the last two exemptions just as it is later in the bill where it states:

    (C) This subtitle does not apply to the possession, use, or display of an imitation firearm as part of a:

    (1) Television Program;
    (2) Theatrical Production; or
    (3) Motion Picture

    The semicolon between Television Program and Theatrical Production does not mean "and".

    KL1, you beat me to it.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    It doesn't matter. If there is any question, there is no question...the bill should be voted down.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    According to the bill, "imitation firearm" does not include a device "that has legibly stamped on the exterior the name of the manufacturer or some trade name, mark, or brand by which the manufacturer can be readily identified". Therefore, my air rifle and most any other would not be prohibited.

    Might want to recheck that. And I've seen plenty of air guns where there is no info stamped on the outside or if there is it is very hard to find.

    And also, who gets to define "legibly."
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    This bill is so f****ing stupid even by their standards it's hard to believe.


    A few points:

    The bill bans "any" device that can "reasonably be perceived to be a firearm." It does not include any exemption for actual firearms. Now of course that isn't the "spirit of the bill" or so we are told. But in theory this could become a potential ban on all firearms. (Yes that would be unconstitutional, we all know. And it will only take about three years in the federal courts to hopefully get it declared as such).

    No grandfather provision. So this would literally criminalize you for what's in your kid's toybox. It would also criminalize people with deactivated weapons that aren't pre-1899. And also remember that 80% build you never finished so you just use it as a wall hanger? Don't forget training guns in police departments and martial arts schools.


    Just so everybody knows there is a companion bill in the Senate, and it has five sponsors. So it's not just Jill Carter's usual idiocy.

    I'm a little shocked to see a Calvert/St. Mary's senator of either party supporting the companion bill in the Senate.

    http://mgaleg.maryland.gov/webmga/f...age&tab=subject6&id=waugh01&stab=01&ys=2016RS
     

    aray

    Ultimate Member
    Jun 6, 2010
    5,308
    MD -> KY
    Wow - our liberties and our literal freedom depends upon the definition of a punctuation mark as interpreted as a conjunction. How did we ever even get to this place? :sad20:

    You raise a good question about quality air rifles - hopefully a lawyer trained in interpreting the Byzantine subtleties of Maryland legislation will wander along shortly to clear this all up for us one way or the other.

    Even so most toys and replicas would still be banned; to the extent they have identifying marks they tend to be painted on or applied with decals, not "stamped" as the bill requires, and hence will become jail bait overnight.

    Pending a ruling on the semicolon as it is likely to apply to air rifles, the rest of the analysis remains firm.

    Thanks for your feedback.

    (PS anyone notice the correct usage of the semicolon in my discussion above? :cool: )
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    I disagree. The "or" is implied since it is used between the last two exemptions just as it is later in the bill where it states:

    (C) This subtitle does not apply to the possession, use, or display of an imitation firearm as part of a:

    (1) Television Program;
    (2) Theatrical Production; or
    (3) Motion Picture

    The semicolon between Television Program and Theatrical Production does not mean "and".

    KL1, you beat me to it.

    You have to read both sections in the context of the sentence or phrase that immediatly proceeds them.

    "part of a" is singular, meaning "one" of the following.





    (2) “IMITATION FIREARM” DOES NOT INCLUDE A TOY, A DEVICE, OR 7 AN OBJECT THAT: 8
    (I) HAS AN ENTIRE EXTERIOR SURFACE AREA COLOR OF 9 BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE, 10 BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT 11 COLOR IN COMBINATION WITH OTHER COLORS IN ANY PATTERN; 12
    (II) HAS A BARREL THAT IS CLOSED FOR A DISTANCE OF NOT 13 LESS THAN ONE–HALF INCH FROM THE FRONT END OF THE BARREL WITH THE SAME 14 MATERIAL OF WHICH THE TOY, DEVICE, OR OBJECT IS MADE; 15
    (III) HAS LEGIBLY STAMPED ON THE EXTERIOR THE NAME OF 16 THE MANUFACTURER OR SOME TRADE NAME, MARK, OR BRAND BY WHICH THE 17 MANUFACTURER CAN BE READILY IDENTIFIED; OR 18 (IV) IS A NONFIRING COLLECTOR REPLICA OF AN ANTIQUE 19 FIREARM.


    you have to read it this way

    does not include an object that:
    1 has this,
    2 has this,
    3 has this,
    or
    4 is this
     

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