HB879 - Imitation Firearms - Prohibition

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  • ken792

    Ultimate Member
    Sep 2, 2011
    4,490
    Fairfax, VA
    There is no text. What is an "imitation" firearm?

    http://mgaleg.maryland.gov/2016RS/bills/hb/hb0879F.pdf

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

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    (E) (1) “IMITATION FIREARM” MEANS A TOY, A DEVICE, OR AN OBJECT 4 THAT SUBSTANTIALLY DUPLICATES OR CAN REASONABLY BE PERCEIVED TO BE A 5 FIREARM OR A HANDGUN. 6
    (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 FIREARM



    looks like it has to meet #1,2&3 or #4 to be exempt

    this sounds like it would ban airsoft
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,490
    Fairfax, VA
    (E) (1) “IMITATION FIREARM” MEANS A TOY, A DEVICE, OR AN OBJECT 4 THAT SUBSTANTIALLY DUPLICATES OR CAN REASONABLY BE PERCEIVED TO BE A 5 FIREARM OR A HANDGUN. 6 (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.



    Looks like all 4 requirements, orange/marked/blocked barrel/nonfiring must be met in order to not be an "imitation".

    this sounds like it would ban airsoft

    I believe any one of the four must be met since each clause is separated by a comma with the coordinating conjunction "or" before #4. It sounds like it will require airsoft guns to be brightly colored, just like the UK requires (and I believe NY).
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    I believe any one of the four must be met since each clause is separated by a comma with the coordinating conjunction "or" before #4. It sounds like it will require airsoft guns to be brightly colored, just like the UK requires (and I believe NY).

    i edited my post, must meet 1,2&3 or just #4. blocked barrel requirement would ban airsoft.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,490
    Fairfax, VA
    i edited my post, must meet 1,2&3 or just #4. blocked barrel requirement would ban airsoft.

    I still think it's any of the four since it reads "must meet #1, #2, #3, or #4." There is no "and" indicating that multiple criteria must be met at once.
     

    Arcamm

    Ultimate Member
    MDS Supporter
    So I'm going to have to give up my sand blaster?


    zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzimage_13512.jpg
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Fine, then ban breast implants except for medical reconstruction after cancer.

    The use of imitation guns or cosmetic breast implants to instill a false impression in another; it's the same thing.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    do 80%'s "substanially duplicate" a firearm? is 80% complete a substantial amount of duplication?

    80's have no markings, no barrel to block, and are usually not painted orange.

    "reasonably perceived" by experts or hoblophobes?
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    I still think it's any of the four since it reads "must meet #1, #2, #3, or #4." There is no "and" indicating that multiple criteria must be met at once.

    while there is no AND, there is only one OR. your interpretation would have 3 OR's. if they ommited 2 OR's, it's for a reason.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    All activities and pursuits are BANNED, unless otherwise allowed.

    This Hebrew/Talmudic approach to law-making--which has become normalized in Maryland--will only continue until it is called out for what it is.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,490
    Fairfax, VA
    while there is no AND, there is only one OR. your interpretation would have 3 OR's. if they ommited 2 OR's, it's for a reason.

    If I say "To save gas, you should walk, ride, bike, or carpool to work" that doesn't mean you have to do all three at once. If I wanted you to do the first three together or four, I would say "To save gas, you should walk, ride, and bike, or carpool to work."
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    If I say "To save gas, you should walk, ride, bike, or carpool to work" that doesn't mean you have to do all three at once. If I wanted you to do the first three together or four, I would say "To save gas, you should walk, ride, and bike, or carpool to work."

    what if its 1&2& (3or4)?



    the md bill is almost the exact same text, usuing the same key words and exemptions, as the Massachusetts bb gun and airsoft ban. the only difference is the Mass bill actually lists bb guns and airsoft instead of trying to hide it.

    https://www.reddit.com/r/airsoft/comments/3zwkz4/attention_all_massachusetts_airsofters_new_law/
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    If they are truly trying to exempt toys, they should also mention translucent.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,490
    Fairfax, VA
    what if its 1&2& (3or4)?



    the md bill is almost the exact same text, usuing the same key words and exemptions, as the Massachusetts bb gun and airsoft ban. the only difference is the Mass bill actually lists bb guns and airsoft instead of trying to hide it.

    https://www.reddit.com/r/airsoft/comments/3zwkz4/attention_all_massachusetts_airsofters_new_law/


    Then you would say "1, 2, and 3 or 4." Items 1 and 2 must be done, while you have an option of selecting one out of 3 or 4.

    http://legal-dictionary.thefreedictionary.com/conjunctive
    http://www.ehow.com/how_8535279_determine-statute-conjunctive-disjunctive.html

    The MA text uses the conjunctive "and" rather than the disjunctive "or" right before the third item to indicate that all three must be done.

    “Imitation firearm”, any air rifle or hand gun, pellet gun or “B-B” gun or any device or object made of plastic, wood, metal or any other material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, air rifle or hand gun, pellet gun, or “B-B” gun, unless such air rifle or hand gun, pellet gun, “B-B” gun or device or object: (i) is colored other than black, blue, silver or aluminum; (ii) is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel; and (iii) has a barrel at least 1 inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation firearm is made. “Imitation firearm” does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898.
     

    Bolts Rock

    Living in Free America!
    Apr 8, 2012
    6,123
    Northern Alabama
    Dafuq kind of libtarded nanny state BS did I just read? I expect this level of stupid from Conaway Jr. and his "hermaneutics" gobbledegook drug hazed "brain".
     

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