All banned (regulated) firearms confiscated after Oct 1st if you get PBJ or convicted

[livefreeordie]

I know there is a mass of confusion over what the bill currently looks like with the various amendments and such, but...

Is it currently true that you will be unable to transfer your newly banned firearms (ar15 or handgun with > 10 round capacity) to anyone in MD after Oct 1st IF you get Probation Before Judgement on a criminal charge? The same if you get sent in to rehab a mental deficiency?

This means that upon sentencing, you will have to forfeit the firearms over to MSP for destruction because they cannot legally be transferred to anyone else in MD, even temporarily to a spouse, until you get the PBJ expunged 3 years after your PBJ ends. They are gone forever and you cant buy new ones. Hope this is not retroactive as it will impact many, many folks.

Please tell me I am way off base here.

 

[cantonglocker]

until the court injunction see NY SAFE Act

 

[ddeanjohnson]

I know there is a mass of confusion over what the bill currently looks like with the various amendments and such, but...Is it currently true that you will be unable to transfer your newly banned firearms (ar15 or handgun with > 10 round capacity) to anyone in MD after Oct 1st IF you get Probation Before Judgement on a criminal charge? The same if you get sent in to rehab a mental deficiency?

I think you are confusing several separate issues. Both the Senate-passed version of the bill and the bill as reported by the House committees would prohibit future acquisitions of certain "assault" weapons, but the two versions differ somewhat in the particulars. Neither version would ban future transfers of handguns with greater than 10-round capacity that use detachable magazines, but it would prohibit the sale or transfer of the actual 10+-capcity magazines. A semiautomatic pistol that has a fixed magazine the accepts more than 10 rounds would be defined as a "copycat" assault weapon and future acquisitions would be banned.

All of that is entirely separate from several new proposed new disqualifications on firearms ownership, which apply to all types of non-antique firearms. If enacted, these would be bans on possession -- not merely transfer or future acquisition. Some of the new disqualifications are attached to various types of mental health diagnosis or treatment. At this point the two houses differ substantially on those provisions, and I have no idea provisions, will end up in the final bill.

The "probation before judgment" provision was added in the House committee by an amendment by Delegate Luiz Simmons (D-Montgomery). It sharply divided the majority-bloc Democrats, and there were Republicans on both sides as well. I was there for the debate, but I have not seen the language. As explained by Simmons, it would apply to PBJs issued based on crimes of violence, until and unless they are expunged. It was not clear to me whether this disqualification would be retrospective or not. It is not at all clear whether the Simmons provision will survive in the final bill.

 

[mac1_131]

I know there is a mass of confusion over what the bill currently looks like with the various amendments and such, but...

Is it currently true that you will be unable to transfer your newly banned firearms (ar15 or handgun with > 10 round capacity) to anyone in MD after Oct 1st IF you get Probation Before Judgement on a criminal charge? The same if you get sent in to rehab a mental deficiency?

This means that upon sentencing, you will have to forfeit the firearms over to MSP for destruction because they cannot legally be transferred to anyone else in MD, even temporarily to a spouse, until you get the PBJ expunged 3 years after your PBJ ends. They are gone forever and you cant buy new ones. Hope this is not retroactive as it will impact many, many folks.

Please tell me I am way off base here.

you can't transfer ANYTHING banned after 10/1 regardless of PBJ (except by inheritance)

I think you are rolling two bad issues into one

until we see the amendments written up where we can look at them, this discussion is all speculative

 

[madness3120]

I know there is a mass of confusion over what the bill currently looks like with the various amendments and such, but...

Is it currently true that you will be unable to transfer your newly banned firearms (ar15 or handgun with > 10 round capacity) to anyone in MD after Oct 1st IF you get Probation Before Judgement on a criminal charge? The same if you get sent in to rehab a mental deficiency?

This means that upon sentencing, you will have to forfeit the firearms over to MSP for destruction because they cannot legally be transferred to anyone else in MD, even temporarily to a spouse, until you get the PBJ expunged 3 years after your PBJ ends. They are gone forever and you cant buy new ones. Hope this is not retroactive as it will impact many, many folks.

Please tell me I am way off base here.

I sure as hell hope it isnt retroactive.. they wont be taking my sh!t!!!

 

[theinvisibleheart]

so the mags would not be transferable except through inheritance but guns would be? What's the status?

 

[ddeanjohnson]

so the mags would not be transferable except through inheritance but guns would be? What's the status?

The "assault" weapons section contains specific language to allow receipt by inheritance of the banned weapons "or detachable magazine." However, as I read the bill, this is separate and distinct from the new ban on transfer of any detachable magazines with capacity of over 10 rounds -- that section contains no reference to transfer or receipt by inheritance.

Another problem is that there seems to be no provision to allow an heir to receive inherited handguns (regardless of ammunition capacity) unless the heir first obtains a "handgun qualification license."

 

[JohnnyE]

The "assault" weapons section contains specific language to allow receipt by inheritance of the banned weapons "or detachable magazine." However, as I read the bill, this is separate and distinct from the new ban on transfer of any detachable magazines with capacity of over 10 rounds -- that section contains no reference to transfer or receipt by inheritance.

Another problem is that there seems to be no provision to allow an heir to receive inherited handguns (regardless of ammunition capacity) unless the heir first obtains a "handgun qualification license."

And what if your heir is 17 years old when you pass? May he/she inherit your firearms?

 

[Markp]

And what if your heir is 17 years old when you pass? May he/she inherit your firearms?

Inheritance and possession are two different things. They would be able to inherit but not possess... question is, who would legally be allowed to store them until that time they reached legal age?

 

[Jasonshooter]

This whole dam gov is gone crazy , they will find a way to make millions of honest patriots into criminals...

 

[JMangle]

This whole dam gov is gone crazy , they will find a way to make millions of honest patriots into criminals...

... and by criminals you mean Freedom Fighters.

Just kidding, just kidding.

 

[dist1646]

This whole dam gov is gone crazy , they will find a way to make millions of honest patriots into criminals...

I think it is best stated as "Honest citizens into Patriots".

 

[ddeanjohnson]

The Simmons Amendment (probation before judgment)

The language of the Simmons Amendment dealing with Probation Before Judgment has now been made available, so I have started a new thread that reproduces and discusses the actual language, here:
http://www.mdshooters.com/showthread.php?t=113930