Any way for MD resident to take an AR-15 into DE?

[KRC]

I believe there is some provision in the new laws to have AR-15's somehow registered in DE, at least for DE residents, that would allow for transport. Wondering if there is any way for an MD resident to do the same? I am an MD resident but belong to a range/club in DE and at present cannot legally bring my AR-15's into DE to shoot at this range. If there is such a method/registration, who would the contact be? DE State Police?

 

[Mike1690]

I believe you would be covered by safe passage laws. So long as the firearm was legally purchased in your home state and properly secured with ammo separate , and you are traveling to a legitimate firearms related activity you would be ok. Back in the early 90s when the NRA was located in DC we would shoot at the range in the basement. I believe the same principle applies to your current situation.

 

[BurkeM]

I believe there is some provision in the new laws to have AR-15's somehow registered in DE...

Here's what I found-

The unconstitutional Delaware "Assault Weapons" ban, which is truly a ban on most commonly used semiautomatic firearms, was passed in June 2022 and is currently being litigated.
Gov Carney signed into law the Delaware Lethal Firearms Safety Act of 2022 prohibiting the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions.
The Act requires that the Department of Safety and Homeland Security (“DSHS”) issue certificates of possession to individuals who meet this exception.


Individuals lawfully possessing an assault weapon pursuant to this exception to the ban are not required to request a certificate of possession, but the Act provides that the certificates of possession constitute “conclusive evidence” that a person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022, and is entitled to possess and transport the weapon on or after that date.


DSHS will offer certificates of possession to Delaware residents ...

To receive a certificate of possession, residents must present the following documentation:

• A valid Delaware driver’s license, Delaware identification card, or United States passport.
• A dated bill of sale, receipt of purchase, or record of transfer from a licensed firearms dealer for weapons that were purchased that reflect a completed sale or possession prior to June 30, 2022.
• For inherited weapons, a will or other documentation substantiating that the weapon was received through inheritance.
• DSHS will not maintain any record of the issuance of the certificate, as required by the Act.
• Residents must bring the weapons for which the certificate of possession is sought, but all weapons must be unloaded and left secured in their vehicles. Residents must enter the buildings unarmed.

Residents are encouraged to review 83 Del. Laws, c. 328, § 1 for more information the Act. For questions, residents can call (302) 744-2680 or send an email to: DEFirearmSafetyAct2022@delaware.gov

 

[KRC]

BurkeM - Thanks for your comprehensive answer. Looks like "NO" for MD residents. I spoke to the DE State Police and was informed that they are creating a "Firearms Unit" that will (supposedly) be operational within a month or so that will deal with this issue.

Although . . . your posts states that these certificates will be issued to DE residents but: 1) a certificate is NOT required, and 2) is there an exception to "possession" and "transport" if a non-resident has a weapon purchased prior to June 30, 2022, or is this grandfathering just for "sale/transfer/purchase"?

 

[BurkeM]

Although . . . your posts states that these certificates will be issued to DE residents but: 1) a certificate is NOT required, and 2) is there an exception to "possession" and "transport" if a non-resident has a weapon purchased prior to June 30, 2022, or is this grandfathering just for "sale/transfer/purchase"?

DE law appears to be a total ban on out of state owners.

The federal tranport statute only works if you don't stop in DE. IMHO.

 

[rgdguns]

Nowhere in the law does it say that it is limited to DE residents if it did then no part of it would apply to someone from out of state. You should have equal rights ( as guaranteed to us by federal law) so if you owned it before the ban and can provide proof you should be good. If you intend to bring it home with you you are not importing it and do not fall under that clause. Option #2 as long as it is not a named item you could simply install a button bullet mag release it is now a fixed mag and not a restricted item. Remember though you still are under mag and capacity restrictions.
Do not take this as legal advice but the general interpretation of the law as our forefathers meant when they created our great nation. ( all laws and regulations should be written as to be understandable by the citizens of the country)

 

[adit]

Here is what all non-FFL out of Staters need to read and understand.

§ 1466. Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.
(a) Prohibitions. - Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following:
(1) Transport an assault weapon into this State.
(2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.

--------------------

(c) Exceptions. -

(3) A person who lawfully possessed, or completed a purchase of an assault weapon prior to [the effective date of this Act], may possess and transport the assault weapon on or after [the effective date of this Act] only under the following circumstances:

a. At that person’s residence, place of business, or other property owned by that person, or on property owned by another person with the owner’s express permission.

b. While on the premises of a shooting range.

c. While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

d. While transporting the assault weapon between any of the places set forth in this this paragraph (c)(3) of this section, or to any licensed firearms dealer for servicing or repair under paragraph (c)(2) of this section, if the person places the assault weapon in secure storage.

(4) A person may transport an assault weapon to or from any of the following if the person places the assault weapon in secure storage:

a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.

b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

(5) Ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person’s family, and it is lawful for the family member to possess the transferred assault weapon under paragraph (c)(3) of this section, if the transferor lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it.

Chapter - Delaware General Assembly

 

[KRC]

adit: This SEEMS to clearly state that if my AR's were legally purchased prior to the laws inception (June 30, 2022???), it would be perfectly legal to transport them from my home in MD to a DE range of which I am a member, and back home again. I am a MD resident, not a DE resident.

 

[rnj66]

One would think.
That unless your brandishing the firearm openly in public view?
And transport in a proper case.
Who or how would anyone know you have one.
And once at the range, if they are allowed to be used?
It's kinda like having a expired driver's license..if you don't do something irresponsible, why or how would Leo be concerned with you?
In almost 60 years I've seen sooo many laws, bills, legislation come, go, overturned, enabled. It's total mass confusion and even the unfortunate officers are baffled at times.
But simple solution is. Stay in your home state.
We have lots n lots of ranges and clubs in MD.
Even with our ever questionable laws,
Unless we'll informed and up on weekly changing legislation, you can be upstanding citizen today, and a felon tomorrow, and never leave your house.

 

[KRC]

"But simple solution is. Stay in your home state.
We have lots n lots of ranges and clubs in MD."
Not so simple for many MD shooters. Driving distance and range distance, as well as where competitions are held make this advice difficult for many MD residents.

I belong to three ranges/clubs. One in PA 1hr 5minutes away - 300 yard max., one in MD 30 minutes away - 200 yard max., one in DE 1.5hrs away - has both 600 and 1000 yard ranges. My AR-15's are precision rifles that can be shot at 600 and 1000 yards. (BTW - I will never go to Alexander's as it is run by an idiot.)

I will NOT attempt to transport an "assault weapon" into DE until I am absolutely sure it is not a criminal violation.

 

[rnj66]

"But simple solution is. Stay in your home state.
We have lots n lots of ranges and clubs in MD."
Not so simple for many MD shooters. Driving distance and range distance, as well as where competitions are held make this advice difficult for many MD residents.

I belong to three ranges/clubs. One in PA 1hr 5minutes away - 300 yard max., one in MD 30 minutes away - 200 yard max., one in DE 1.5hrs away - has both 600 and 1000 yard ranges. My AR-15's are precision rifles that can be shot at 600 and 1000 yards. (BTW - I will never go to Alexander's as it is run by an idiot.)

I will NOT attempt to transport an "assault weapon" into DE until I am absolutely sure it is not a criminal violation.

I understand completely.
But me personally.
I'd drive 4 hours in a "safe" state and be compliant bfore I'd travel into a state that doesn't want me or my hobby.
Unfortunately. The clubs in that state suffer.
But I'd be a no risk.
And as we all know..Each and every state law if you get in a situation..ultimately can get overturned because the 2nd overrides state.
Yes it takes time. And money Unfortunately. Yes it's wrong.
But we have a choice.

 

[Bountied]

Just put it in your car and drive to DE. It's the easiest way that I have found so far.

 

[Mark75H]

(BTW - I will never go to Alexander's as it is run by an idiot.)

Definitely one of the most unusual characters you will ever meet. Billy Goat Gruff brought to life. Kent County is full of “characters”.

 

[adit]

adit: This SEEMS to clearly state that if my AR's were legally purchased prior to the laws inception (June 30, 2022???), it would be perfectly legal to transport them from my home in MD to a DE range of which I am a member, and back home again. I am a MD resident, not a DE resident.

I agree with your interpretation.

 

[zx10guy]

Ughhh....and this gets even more messy for those of us that own homes in Delaware but are MD full time residents.

 

[adit]

Ughhh....and this gets even more messy for those of us that own homes in Delaware but are MD full time residents.

How do you figure?

 

[ArSoNZ28]

There’s a lot of talk/quotes from HB450, don’t forget we’ve got SB6, the magazine ban that restricts possession of magazines over 17rds.

(a) Except as otherwise provided in subsections (c) and (d) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

You may be able to bring the gun here, but unless you're US Government, military, LE, retired LE, an FFL, or have a Delaware carry license, you can’t bring “normal” magazines to use with it.

 

[zx10guy]

How do you figure?

The fact that it appears I can't have my AR that is MD legal brought over to my home in DE to keep there; even if I have a sales receipt showing it was purchased in MD before the ban.

 

[adit]

The fact that it appears I can't have my AR that is MD legal brought over to my home in DE to keep there; even if I have a sales receipt showing it was purchased in MD before the ban.

I suggest you reread what I posted.

Any way for MD resident to take an AR-15 into DE?

I believe there is some provision in the new laws to have AR-15's somehow registered in DE, at least for DE residents, that would allow for transport. Wondering if there is any way for an MD resident to do the same? I am an MD resident but belong to a range/club in DE and at present cannot...

www.mdshooters.com

 

[zx10guy]

I suggest you reread what I posted.

Any way for MD resident to take an AR-15 into DE?

I believe there is some provision in the new laws to have AR-15's somehow registered in DE, at least for DE residents, that would allow for transport. Wondering if there is any way for an MD resident to do the same? I am an MD resident but belong to a range/club in DE and at present cannot...

www.mdshooters.com

You're citing this part of what you posted up that applies to me?

(3) A person who lawfully possessed, or completed a purchase of an assault weapon prior to [the effective date of this Act], may possess and transport the assault weapon on or after [the effective date of this Act] only under the following circumstances:

a. At that person’s residence, place of business, or other property owned by that person, or on property owned by another person with the owner’s express permission.

If so, I seem to recall there is an additional requirement of getting some sort of official waiver certificate for Delaware residents. Is this in lieu of having the sales receipt with me to show proof if I have a law enforcement encounter?