Md FFL busted for selling a banned weapon

A1Uniform said:

If they are both LE retired in good standing, the mag transfer was perfectly legal. If they are both FFLs, ditto.

I don't get it. Perhaps there is some aspect of the case not yet revealed.

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It seems the two charged are retired LEO, but the person they sold to is not.

And their FFL business seem to be in WV, but they reside in MD. So sale was in MD? Or to an MD resident?

VERY confusing article. MANY facts seem to be missing.

MD FFL sells to WV FFL who sells to MD resident referred to the WV FFL by the MD FFL is the only way this story starts to make sense.

§ 4-303. Assault weapons -- Prohibited

(a) In general. -- Except as provided in subsection (b) of this section, a person may not:

(1) transport an assault weapon into the State; or

(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.

(b) Exception. --

(1) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:

(i) continue to possess and transport the assault pistol; or

(ii) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.

(2) A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.

(3) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:

(i) possess and transport the assault long gun or copycat weapon; or

(ii) while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.

(4) A person may transport an assault weapon to or from:

(i) an ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory; or

(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

§ 4-304. Assault weapons -- Seizure and disposition

A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.


A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.
§ 4-305. Detachable magazines -- Prohibited

(a) Scope of section. -- This section does not apply to:

(1) a .22 caliber rifle with a tubular magazine; or

(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.

(b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

§ 4-302. Scope of subtitle


This subtitle does not apply to:

(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;

(2) a firearm modified to render it permanently inoperative;

(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;

(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or

(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;

(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;

(6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;

(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:

(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or

(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;

(8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article; or

(9) possession, receipt, and testing by, or shipping to or from:

(i) an ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory; or

(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

Thanks Jaybeez for pointing this out!

the writer of the article needs to find another job, because they can not write a story to save their life

GTOGUNNER said:

§4-303.

(a) Except as provided in subsection (b) of this section, a person may not:

(1) transport an assault pistol into the State; or

(2) possess, sell, offer to sell, transfer, purchase, or receive an assault pistol.

(b) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:

(1) continue to possess the assault pistol; or

(2) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.


§4-305.

(a) This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.


§4-302.

This subtitle does not apply to:

(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, or law enforcement personnel of the State or a local unit in the State;

(2) a firearm modified to render it permanently inoperative;

(3) purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault pistol or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section; or

(ii) acting to sell or transfer an assault pistol or detachable magazine to a licensed firearm dealer in another state;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault pistols and applicable ammunition and detachable magazines;

(5) the receipt of an assault pistol or detachable magazine by inheritance if the decedent lawfully possessed the assault pistol; or

(6) the receipt of an assault pistol or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate.


Looks to me, an FFL can not buy a Banned firearm or even Magazine unless the sale is to those allowed under Paragraph (3) or (4)

This case apparently involves an Assault Pistol.

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those statutes were rewritten from "pistol" to "weapon" in 2013 to cover rifles too

Very confusing article lol

With out some serious rewriting, it is almost imposable to tell what happened.

Opps,,,, My Mistake.. law.justia.com doesn't have the up dated stuff.. LexisNexis does.

Article appears to be pulled/gone/broke.

The magazine thing worries me. Sounds like conspiracy to obtain something which isn't illegal to possess. Huh?

I suspect what they did wasn't illegal at all, and the police/prosecution are flat out wrong.

Any further word on this?

Not any "further word" on this other than we have "multiple guests" checking out this thread.

Rab1515 said:

With out some serious rewriting, it is almost imposable to tell what happened.

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There are so many other instances where the press gets it wrong, (Russian jet bombed in Egypt) that there is no need to get worked up based on the article.

atblis said:

Article appears to be pulled/gone/broke.

The magazine thing worries me. Sounds like conspiracy to obtain something which isn't illegal to possess. Huh?

I suspect what they did wasn't illegal at all, and the police/prosecution are flat out wrong.

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Without donning my full tinfoil chapeau, things like this bother me. It would be easy enough to inject messed-up stories like this into the mainstream media through less-well-known affiliates. Some percentage of these stories will get picked up, edited, and republished. At that point, you could take down the original, and even print a retraction to establish plausible deniability. But the "useful idiots" who replicated the story won't go back and check, and the information becomes "fact" because there are now multiple sources reporting the same thing (albeit each slightly different, because they couldn't stand your original grammaer and speling.) You can inject information into the discourse, and shape public opinion. Wag the dog, as it were.

Even if the scenario from post #22 , it would be the WV FFL at fault.

From this one quote in the article, it makes it sound as if a straw sale occurred. Is that what this is all about but the writer of the article couldn't figure it out?

"The indictment alleges in three counts that on Feb. 27 Blair conspired with Caison to illegally sell a regulated firearm. The last three counts allege that he conspired with Caison in the illegal sale of a regulated firearm on March 11."

Blair sold it, or transferred it, to Herb but ultimately it ended up with Caison???

I agree, lousy reporting. Any more news/info on this?

The following quote is really the only thing that matters. Standard district attorney practice, throw a bunch of charges until something sticks. More than likely most of the firearm charges will be dropped if they're not directly related to the drug charges.

"Caison, 25, of Hott Lane in Fairplay was indicted in September with possession with intent to distribute marijuana and three types of synthetic marijuana, as well as distribution of cocaine, unlawful possession of ammunition, illegal possession of firearms and illegal possession of 14 firearms in connection with a drug trafficking crime."

Illegal drugs + firearms = more prison.

More interesting to me is what the FFL's are charged with.

atblis said:

More interesting to me, is what the FFL's are charged with.

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Blair:
http://casesearch.courts.state.md.u...ail.jis?caseId=21K15051841&loc=59&detailLoc=K

Herb:
http://casesearch.courts.state.md.u...ail.jis?caseId=21K15051851&loc=59&detailLoc=K

The offense date is 2/11/15. I guess it isn't really that important!

What do you mean?