Assault Rimfires.... Gansler speaks.

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  • DZ

    Ultimate Member
    Oct 9, 2005
    4,091
    Mount Airy, MD
    Maryland: Attorney General Gansler Issues Opinion

    on .22 Caliber Rifles



    Maryland’s Office of Attorney General issued a favorable opinion Monday, May 24, as what constitutes a “copy” of a so called “assault weapon.” These firearms are subject to Maryland’s “regulated firearm” law.



    The issue at hand was whether .22 caliber rimfire rifles that may cosmetically resemble any firearms defined as “assault weapons” in the Annotated Code of Maryland, Public Safety Article § 5-101, should be regulated under that section as “copies” of the listed center-fire models.



    According to the opinion, a copy must be similar “in its internal components and function to the designated weapon” and “cosmetic similarity to an enumerated assault weapon alone would not bring a weapon within the regulated firearms law”.



    The opinion also states that the Maryland State Police will make the initial decision as to whether the gun’s internal parts make it a “copy” of an “assault weapon.”



    This is a victory for Maryland’s law-abiding citizens who use these common rifles for competition, sport shooting and home defense.



    You can read the opinion in full by clicking here: http://www.oag.state.md.us/Opinions/2010/95oag101.pdf

    (From NRA-ILA Alert Emails)
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,725
    MD
    So it's still up to MSP, but mere appearence is insufficent to make them regulated.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,504
    White Marsh
    I wonder if this will end up benefiting us. Unless MSP tells our FFLs of their decision to follow the AGs ruling (if they even decide to follow it), our gun shops will continue to treat these "copies" as regulated firearms, even if they know the AG has ruled otherwise. If I were an FFL holder, I certainly wouldn't want to be the test case.
     

    2Asales&Supplies

    , , Up In Arms Since 2009
    Industry Partner
    Aug 5, 2009
    2,595
    Just got off the phone with MSP, and until they issue a final ruling, everything is to remain the same as far as what is and what is not regulated. :sad20:
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    When the police are left to interpret the law, that's called a police state, Komrades.

    Komrade,

    Now, now... We have all the freedom we have ever had! Don't you feel free? Have faith in our dear leaders.

    I'm almost humming Freebird as I type this... :)

    Mark
     

    boatbod

    Ultimate Member
    Nov 30, 2007
    3,833
    Talbot Co
    After wading through Gansler's opinion, I am left with the impression that we just got shafted, despite what the NRA-ILA may say about it being a "favorable opinion".

    Now that MSP have officially been given the sole authority to make the determination whether a firearm is a regulated or not, I'm sure we can look forward to a lot less gray areas and a lot more paperwork and "7 day" waits.
     

    krucam

    Ultimate Member
    After wading through Gansler's opinion, I am left with the impression that we just got shafted, despite what the NRA-ILA may say about it being a "favorable opinion".

    Now that MSP have officially been given the sole authority to make the determination whether a firearm is a regulated or not, I'm sure we can look forward to a lot less gray areas and a lot more paperwork and "7 day" waits.

    Agree. Althought the AG Office has given MSP guidance on this, and this is only on the 'look alikes' part of the code, is there 'teeth' enough in this letter to take black 22lr rifles officially off the list? The comparable part leaves a lot of room for interpretation.

    Dunno...maybe MSP will take this and run with it and immediately update the Regulated list with this "clarification". I'm not holding my breath but hope I'm surprised...hows that for waffling?

    Until they lose the various other restrictions we have (7 day wait, magazines 20+, spent shell casing, looks evil) this would be one of those infamous "baby steps". All the aformentioned restrictions on buying a gun would not pass a true Constitutional scrutiny analysis, whether strict or intermediate. None of them.

    We need the US 2A incorporated in a bad way. C'mon McDonald.
     

    WSM

    Rugeritis
    Oct 8, 2009
    6,364
    Lancaster, PA
    "similar internal function" well, .22's still have a trigger and a bolt and a firing ping and a bunch of springs...seems to be similar enough to keep them regulated...:sad20:
     

    2SAM22

    Moderator Emeritus
    Apr 4, 2007
    7,178
    After wading through Gansler's opinion, I am left with the impression that we just got shafted, despite what the NRA-ILA may say about it being a "favorable opinion".

    It's all relative. I'm afraid that's as favorable as you're going to get in MD.
     

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