danb
dont be a dumbass
Third Reading Passed (94-45)
20190314 - HB740 JUD Amendments
- Thread starter MJD438
- Start date
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An AOW is not defined as a rifle, so you should be fine.
Neither is an SBR or SBS defined as a rifle, they are defined as handguns under Maryland law, and again, not subject to this change if it becomes law.
Not to contradict, but SBRs are considered both a rifle and a according to MSP. I think if your SBS has a sub 16 barrel it would be both a pistol and a shotgun, but a 16.01 shot gun would be just a shotgun.
Read 4-201 of the Criminal Code which what all of the definitions of rifle and handgun refer to. It really doesn't matter what MSP considers them, it matters what the actual law states.
Case law example?
The actual law states that
"Handgun" includes a short-barreled shotgun and a short-barreled rifle.
The actual law does not state that a shotgun includes a Short-barreled Shotgun. The actual law also does not state that a rifle includes a short barreled rifle.
Those two items only show up in one definition, under handgun. Thus under Maryland law, they are defined as handguns. And since those two words do not show up under definitions of shotguns or rifles, they are neither under Maryland law.
danb
dont be a dumbass
The text of this specific bill defines firearm according to 4-204. See p4 line 24 in the pdf post #1, or top of page #5 third reader: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0740t.pdf
4-204 defines a firearms as:
An AOW is a firearm under this bill as I read it because it is "expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive."
This bill does not ban making ghost "rifles," it bans "firearms" - which would include NFA items.
IMO, a serial number "issued by a federally licensed firearms manufacturer or importer" probably does not cover home made SBRs where the receiver is CNC milled from an 80%.
4-204 defines a firearms as:
An AOW is a firearm under this bill as I read it because it is "expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive."
This bill does not ban making ghost "rifles," it bans "firearms" - which would include NFA items.
IMO, a serial number "issued by a federally licensed firearms manufacturer or importer" probably does not cover home made SBRs where the receiver is CNC milled from an 80%.
rob b
c@r collecting
so now I guess p80 glock and other 80% guns are out the window ???
.
.
Potentially, but not yet. The Senate still needs to release their crossfiled version from committee and vote on it. We have no idea what, if any, amendments have been made there.
The sole purpose of HB0740 was eliminating homemade firearms, 80%, 70%, or from a billet of aluminum, doesn't matter. Final House language as passed is here:
http://mgaleg.maryland.gov/2019RS/bills/hb/hb0740t.pdf
smokey
2A TEACHER
- Jan 31, 2008
- 31,509
So no grandfathering, just a straight up ban with 5 years in jail. Fun times.
danb
dont be a dumbass
polymer 80% receivers are not made on a CNC machine. Dont drill the last few holes with a computer aided device, you should be fine.
The debate up-thread surrounds billet 80% receivers. Billet 80% is made on a CNC machine, they stop before its an actual receiver in need of serialization. It does not become a frame/receiver ("firearm") proper until you drill the last few holes and maybe file some places. Is an 80% billet which has been made into a firearm using a hand drill /file for the last few steps a firearm "manufactured using a computer-aided fabrication device" ? Probably not, since you actually "made" the firearm with the hand drill/file. Its not a firearm before that. But, your BGOS is a good as mine. The intent of this bill is to ban ghost gunning ala Cody Wilson. I personally think 80% billet receivers are fine under this bill, so long as you hand finish the receiver.
Forged 80% are probably ok, as are polymer, no CNC machine involved.
But at the same time, this bill is unenforceable. If you were to make a ghost gun, and it was never involved in a crime, who the **** would know? They cannot make you self incriminate, nor will there ever be probable cause for them to inspect your safe. And if it was involved in a crime, there is no serial number (and presumably you were not dumb enough to leave prints or DNA at the scene either). Who the **** would know? over 50% of Baltimore homicides are not solved now, thanks in part to rubber bands around grips. ban rubber banding. smh
A bit of a stretch. The only home made guns that are banned are the ones made using a computer. make your own forged receiver, polymer poured into a mold, heck even the iron pipe from Home Depot is perfectly ok. just no computer, mkay?
The debate up-thread surrounds billet 80% receivers. Billet 80% is made on a CNC machine, they stop before its an actual receiver in need of serialization. It does not become a frame/receiver ("firearm") proper until you drill the last few holes and maybe file some places. Is an 80% billet which has been made into a firearm using a hand drill /file for the last few steps a firearm "manufactured using a computer-aided fabrication device" ? Probably not, since you actually "made" the firearm with the hand drill/file. Its not a firearm before that. But, your BGOS is a good as mine. The intent of this bill is to ban ghost gunning ala Cody Wilson. I personally think 80% billet receivers are fine under this bill, so long as you hand finish the receiver.
Forged 80% are probably ok, as are polymer, no CNC machine involved.
But at the same time, this bill is unenforceable. If you were to make a ghost gun, and it was never involved in a crime, who the **** would know? They cannot make you self incriminate, nor will there ever be probable cause for them to inspect your safe. And if it was involved in a crime, there is no serial number (and presumably you were not dumb enough to leave prints or DNA at the scene either). Who the **** would know? over 50% of Baltimore homicides are not solved now, thanks in part to rubber bands around grips. ban rubber banding. smh
A bit of a stretch. The only home made guns that are banned are the ones made using a computer. make your own forged receiver, polymer poured into a mold, heck even the iron pipe from Home Depot is perfectly ok. just no computer, mkay?
engineerbrian
JMB fan club
I suck at reading these documents, but FWIW it looks like they are allowing firearms already made from 80’s to be registered with the state police (section 2)
Someone smarter can correct me if i’m wrong.
whistlersmother
Peace through strength
Up thread concern was about the other parts being attached to the non-CNC finished 80% to complete a firearm - the FCG, buffer tube, entire upper assembly. Some interpret this bill has ANY piece that is CNC finished can't be attached to the 80% lower. Some even think the 80% lower, if it touched a CNC machine to get to 80%, is prohibited.
I say - punt. Just make some semi-auto Luty's. Nothing on a Luty is CNC'ed - he designed it that way. Will need some improvising to get a semi-auto version, but that's why we're making 80% guns any ways, right?
I say - punt. Just make some semi-auto Luty's. Nothing on a Luty is CNC'ed - he designed it that way. Will need some improvising to get a semi-auto version, but that's why we're making 80% guns any ways, right?
That section is misleading. The bill takes effect 1 July 2019, banning possession of the affected firearms as of that date. MDSP's registration study called for at the end of the bill doesn't need to be reported until the end of September, well after the ban is in effect. And implementation in law of that study's recommendations wouldn't even be discussed until the 2020 MGA session.
budman93
Ultimate Member
I still think that isnt what it does. It prohibits possession, transfer, etc of a firearm manufactured with a computer device. What is manufacturing? Is putting a cnc trigger or barrel or whatever on a frame the manufacturing? I dont think it is. The manufacturing is the finishing of the receiver. Even if you say that the definition of a firearm is the whole thing since it says weapon that expels a projectile or the frame or receiver of such, the prohibition is manufacturing using a computer. Adding cncd parts to a completed reciever is not manufacturing.
danb
dont be a dumbass
See post #128. The "firearm" per this bill, is defined as the frame or receiver. So the bold is correct. What happens after you have "made" the firearm, i.e. finished the receiver, is irrelevant.
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