Help me not come home a criminal.

[Fallschirmjaager]

I am currently serving in Afghanistan with the US Army. I have a lot of guns back home and I'm worried about them. I won't be returning until at least the beginning of November, probably more like Thanksgiving time, so I can't really do much of anything until after SB281 goes into effect. I left a law abiding citizen, but now run the risk of coming home a criminal or at the very least being out thousands of dollars just because I stood up to serve my country rather than staying behind to fight my state.

As of now, I have the following problems:

1: I have a bolt rifle (Savage Mk.II) at Scott's getting chopped and threaded (still Title 1). It's probably done by now, I haven't e-mailed them to find out and I don't think they have my e-mail as I only left them with a phone number. They're really stand up guys and extremely well respected in the local community so I don't expect any trouble on their end, but I'm not 100% sure how to legally get the rifle back and into safe hands. My mom is my POA and also a co-trustee on my NFA trust (which I may be putting all my weapons into after I research this option a little more) so I'm thinking she should be able to handle it but I'm not sure how yet. She is very good with legal stuff but only recently became interested in firearms and isn't up to speed on all the state and federal laws yet.

2: I have a Romanian RPK being built by Glade Valley. They have my parts kit and a receiver on which I have not yet filled out any paperwork. They also have a can I'm still waiting on, I sent the F4 out the day before I left (Jan 2nd). If my mom can take possession of the receiver prior to October 1st, (which means doing a 77R in my name as POA or titling it to herself and then selling it to me later, which she can't do unless I move out of MD) I should have no problems. If not, my best option is to try and find an out of state dealer to ship it to who will hold on to it until I get home, in which case I still can't take possession until I move out of the state. The can I'm also not sure about; again she's on my trust so she may be able to take possession for me but I'm not 100% on that. I also don't know yet what status the can will have once October 1st comes around, I have to do more digging on that.

3: I want to buy some neat old rifles over here. Enfield-Martini Short Levers, 1886 Lebels and various percussion cap rifles of neat vintages abound over here, and for pretty cheap. They're all pre-1898 (non-firearms by both Federal and MD law) so I can get them shipped home with just a signed memo from my commander but once they're in MD they're in danger. I'll explain why shortly.

4: My currently owned NFA items are with my parents. Three cans and a particularly expensive SBR, which will definitely NOT meet MD's stringent new regulations. I can not leave them with anyone else unless I add them to my trust, as all the co-trustees are my immediate family and they all live in MD. I have considered the idea of getting with JAG over here to add a trustee, but I just got a very generous offer from an 07/02 on another board to repair them for me. Seeing as they're all broken, that sounds like a great plan. I'll likely go that route after discussing it with the folks back home.

5: I have an SSG-97 (Romanian SVD) that I bought years ago on military orders out of state. It has never been registered in MD. Can my mom do a 77R on it? I assume if she can take possession of the RPK receiver than this should be just as easy, but it's a similar problem. What if I didn't have a POA? I'm just a criminal because I'm deployed and can't comply with their childish new law?

All this might sound slightly alarmist for the simple reason that I bought all my handguns and all but one of my "assault weapons" in MD, and they are therefor registered. I don't as of yet have any weapons that were non-regulated before but which will become regulated when the bill goes into effect. With the one exception mentioned above, none of my rifles or pistols need to be registered in order to comply as they already have been at the time of purchase. THIS BEING SAID: I intend to fight this bill, sign the petition for referendum, write my delegates, flood my Facebook feed, etc. etc. until I have made myself very well known to the powers that be. I have testified in front of the House Judiciary Committee in support of relaxed Concealed Carry legislation, I have had the numbers run on some of my guns by police throughout the state, and in at least one county my old residence was known as "the house with the guns" to the county cops, even after I had left for Iraq in '07. They know who I am already and they're only gonna know more certainly over the next couple of months. They can, have and WILL break into peoples houses to steal their shit, and I have nothing but solid reasons to believe they'll do the same to me. You guys know damned well that when they come for a gun, they come for all the guns, no matter what caliber, vintage or design. I need them out before I can fight the way I want. This brings me to my final issue:

Can I loan everything (everything Title I that is) to an out of state friend if he is not a prohibited person? If I do that, can I get them back into the state later?

I don't want to come home a criminal and find that all my guns are gone.

Thanks in advance for any advice.

 

[Markp]

1: I have a bolt rifle (Savage Mk.II) at Scott's getting chopped and threaded (still Title 1). It's probably done by now, I haven't e-mailed them to find out and I don't think they have my e-mail as I only left them with a phone number. They're really stand up guys and extremely well respected in the local community so I don't expect any trouble on their end, but I'm not 100% sure how to legally get the rifle back and into safe hands. My mom is my POA and also a co-trustee on my NFA trust (which I may be putting all my weapons into after I research this option a little more) so I'm thinking she should be able to handle it but I'm not sure how yet. She is very good with legal stuff but only recently became interested in firearms and isn't up to speed on all the state and federal laws yet.

Mind you, I am not a lawyer, but...

Your mom has Power of Attorney and is on the trust as a trustee, this should not be a problem for her to pick up. So I would have here pick up the weapon when she has the tax stamp in hand. Not an issue

Also, since it's a bolt action rifle, it's unaffected by SB281, so it can safely wait until you return.

2: I have a Romanian RPK being built by Glade Valley. They have my parts kit and a receiver on which I have not yet filled out any paperwork. They also have a can I'm still waiting on, I sent the F4 out the day before I left (Jan 2nd). If my mom can take possession of the receiver prior to October 1st, (which means doing a 77R in my name as POA or titling it to herself and then selling it to me later, which she can't do unless I move out of MD) I should have no problems. If not, my best option is to try and find an out of state dealer to ship it to who will hold on to it until I get home, in which case I still can't take possession until I move out of the state. The can I'm also not sure about; again she's on my trust so she may be able to take possession for me but I'm not 100% on that. I also don't know yet what status the can will have once October 1st comes around, I have to do more digging on that.

The suppressor should not be a problem, as it too should be on the trust and with her being a trustee, you both have the legal ability to possess and use it. However you can pick up the can after 1 Oct 2013 without any complications provided there are no unexpected changes to SB281.


There are three ways to potentially skin this cat.

1. She should be able to legally sign for you through the POA and the weapon could be stored awaiting your return, perhaps with a local FFL if she is uncomfortable with storing it at home.

2. She can purchase the weapon for you as a gift prior to 1 October and then submit a Form 77R at no charge prior to 1 October to make you the legal owner. It would not be a straw purchase since the paperwork is correctly documenting the transfer as a gift and the feds recognize that firearms can be gifts assuming you are not prohibited.

3. It might be possible for it transferred to the trust like your NFA toys. Then it would be "owned" by the trust, but you'll need a lawyer to tell you for sure since MD has funky rules regarding trusts.

3: I want to buy some neat old rifles over here. Enfield-Martini Short Levers, 1886 Lebels and various percussion cap rifles of neat vintages abound over here, and for pretty cheap. They're all pre-1898 (non-firearms by both Federal and MD law) so I can get them shipped home with just a signed memo from my commander but once they're in MD they're in danger. I'll explain why shortly.

Not seeing the problem here!!! All are non-regulated firearms.

4: My currently owned NFA items are with my parents. Three cans and a particularly expensive SBR, which will definitely NOT meet MD's stringent new regulations.

You might be wrong about this, nothing in SB281 affects NFA weapons owned legally prior to 1 October 2013. Suppressors are unaffected by SB281. However MD has strange laws regarding trusts.

I can not leave them with anyone else unless I add them to my trust, as all the co-trustees are my immediate family and they all live in MD. I have considered the idea of getting with JAG over here to add a trustee, but I just got a very generous offer from an 07/02 on another board to repair them for me. Seeing as they're all broken, that sounds like a great plan. I'll likely go that route after discussing it with the folks back home.

Nothing wrong with this, leave the NFA toys in your trust with your parents. This is not a big deal as they are legally allowed to hold them for you since they are on the trust and SB281 changes none of that. (I am assuming this is your home/home of record). As long as no one in the home is prohibited it should be fine.

5: I have an SSG-97 (Romanian SVD) that I bought years ago on military orders out of state. It has never been registered in MD. Can my mom do a 77R on it? I assume if she can take possession of the RPK receiver than this should be just as easy, but it's a similar problem. What if I didn't have a POA? I'm just a criminal because I'm deployed and can't comply with their childish new law?

She is not required to register it, nor are you, the registration requirement was stricken from SB281.

If you already possessed it MD, nothing changes. You're fine. Since she has POA she can act as you, which takes care of a lot too.

All this might sound slightly alarmist for the simple reason that I bought all my handguns and all but one of my "assault weapons" in MD, and they are therefor registered. I don't as of yet have any weapons that were non-regulated before but which will become regulated when the bill goes into effect. With the one exception mentioned above, none of my rifles or pistols need to be registered in order to comply as they already have been at the time of purchase.

THIS BEING SAID: I intend to fight this bill, sign the petition for referendum, write my delegates, flood my Facebook feed, etc. etc. until I have made myself very well known to the powers that be. I have testified in front of the House Judiciary Committee in support of relaxed Concealed Carry legislation, I have had the numbers run on some of my guns by police throughout the state, and in at least one county my old residence was known as "the house with the guns" to the county cops, even after I had left for Iraq in '07. They know who I am already and they're only gonna know more certainly over the next couple of months. They can, have and WILL break into peoples houses to steal their shit, and I have nothing but solid reasons to believe they'll do the same to me. You guys know damned well that when they come for a gun, they come for all the guns, no matter what caliber, vintage or design. I need them out before I can fight the way I want. This brings me to my final issue:

I was/am in a similar situation with my firearms and watched SB281 because I was worried about it turning me into a criminal while I was abroad as well. Fortunately, it appears that I will be able to continue on as before for the most part without too much drama as will you, unless I missed something.

It would be smart to consult a lawyer after the law is signed (it has not yet been signed) and verify that what I have stated above is accurate, I believe that I am correct as far as my answers go.

Can I loan everything (everything Title I that is) to an out of state friend if he is not a prohibited person? If I do that, can I get them back into the state later?

1. Can I loan everything (everything Title I that is) to an out of state friend if he is not a prohibited person?

Technically, there is nothing in the law prohibiting this. I would also ask a lawyer for the best legal method of doing it.

Personally, I would want characterize it as out of state storage and maintenance of the weapons which may include test firing/occasional to verify function.

2. If I do that, can I get them back into the state later?

Either way, you never surrendered ownership of the weapons and you would be able to bring them back into MD with the way the law is currently written.

I don't want to come home a criminal and find that all my guns are gone.

Thanks in advance for any advice.

That shouldn't be a problem, none the less, with that much on the line. I would have a lawyer (even a military lawyer) provide you with some insight on the existing federal and state laws.

There are several MD lawyers here that can help too!

 

[toncapone1]

While I cannot really give any legal advice, I would like to say thank you for you service and personal sacrifices you have made to protect our rights and freedoms. I sincerely hope everything works out for you. God Bless and come home safe.

 

[tm12]

While I cannot really give any legal advice, I would like to say thank you for you service and personal sacrifices you have made to protect our rights and freedoms. I sincerely hope everything works out for you. God Bless and come home safe.

+1. Thank you for your service. It is ridiculous that those serving abroad have to worry about this given everything else they have to deal with being deployed. Really shameful.

 

[toncapone1]

+1. Thank you for your service. It is ridiculous that those serving abroad have to worry about this given everything else they have to deal with being deployed. Really shameful.

Agreed 100%. If we (the government) cannot trust those who put their lives on the line every day with a gun (who they train BTW) to protect our freedoms who can we trust? I believe there should be some sort of exemption for AD and ex military who want to exercise their 2A rights given they were honorably discharged. These guys/gals put everything on the line for us daily and this is what they have to come home to? Possible prosecution for a god given right which they may have died to defend? This just doesn't seem right to me.

 

[dblas]

I am currently serving in Afghanistan with the US Army. I have a lot of guns back home and I'm worried about them. I won't be returning until at least the beginning of November, probably more like Thanksgiving time, so I can't really do much of anything until after SB281 goes into effect. I left a law abiding citizen, but now run the risk of coming home a criminal or at the very least being out thousands of dollars just because I stood up to serve my country rather than staying behind to fight my state.

As of now, I have the following problems:

1: I have a bolt rifle (Savage Mk.II) at Scott's getting chopped and threaded (still Title 1). It's probably done by now, I haven't e-mailed them to find out and I don't think they have my e-mail as I only left them with a phone number. They're really stand up guys and extremely well respected in the local community so I don't expect any trouble on their end, but I'm not 100% sure how to legally get the rifle back and into safe hands. My mom is my POA and also a co-trustee on my NFA trust (which I may be putting all my weapons into after I research this option a little more) so I'm thinking she should be able to handle it but I'm not sure how yet. She is very good with legal stuff but only recently became interested in firearms and isn't up to speed on all the state and federal laws yet.

Not a problem, it is a bolt gun and not affected by Sb281.

2: I have a Romanian RPK being built by Glade Valley. They have my parts kit and a receiver on which I have not yet filled out any paperwork. They also have a can I'm still waiting on, I sent the F4 out the day before I left (Jan 2nd). If my mom can take possession of the receiver prior to October 1st, (which means doing a 77R in my name as POA or titling it to herself and then selling it to me later, which she can't do unless I move out of MD) I should have no problems. If not, my best option is to try and find an out of state dealer to ship it to who will hold on to it until I get home, in which case I still can't take possession until I move out of the state. The can I'm also not sure about; again she's on my trust so she may be able to take possession for me but I'm not 100% on that. I also don't know yet what status the can will have once October 1st comes around, I have to do more digging on that.

No issues with the suppressor, The RPK, might be an issue. Have your mom buy it (not sure she can do it as you under a POA). Once she has it, have her do a 77R transfer at an MSP barracks before October 1 and call it good.

3: I want to buy some neat old rifles over here. Enfield-Martini Short Levers, 1886 Lebels and various percussion cap rifles of neat vintages abound over here, and for pretty cheap. They're all pre-1898 (non-firearms by both Federal and MD law) so I can get them shipped home with just a signed memo from my commander but once they're in MD they're in danger. I'll explain why shortly.

I don't see any issue here.

4: My currently owned NFA items are with my parents. Three cans and a particularly expensive SBR, which will definitely NOT meet MD's stringent new regulations. I can not leave them with anyone else unless I add them to my trust, as all the co-trustees are my immediate family and they all live in MD. I have considered the idea of getting with JAG over here to add a trustee, but I just got a very generous offer from an 07/02 on another board to repair them for me. Seeing as they're all broken, that sounds like a great plan. I'll likely go that route after discussing it with the folks back home.

Your SBR is fine, you own it before October 1 and is grandfathered. Sb281 does allow for shipping to from an armourer for work, so send it to him and have him send it back after you get back. still no issue.

5: I have an SSG-97 (Romanian SVD) that I bought years ago on military orders out of state. It has never been registered in MD. Can my mom do a 77R on it? I assume if she can take possession of the RPK receiver than this should be just as easy, but it's a similar problem. What if I didn't have a POA? I'm just a criminal because I'm deployed and can't comply with their childish new law?

She can do a 77R but why? It's not required, the registration requirement has been removed for all firearms owned prior to October 1, 2013.

All this might sound slightly alarmist for the simple reason that I bought all my handguns and all but one of my "assault weapons" in MD, and they are therefor registered. I don't as of yet have any weapons that were non-regulated before but which will become regulated when the bill goes into effect. With the one exception mentioned above, none of my rifles or pistols need to be registered in order to comply as they already have been at the time of purchase. THIS BEING SAID: I intend to fight this bill, sign the petition for referendum, write my delegates, flood my Facebook feed, etc. etc. until I have made myself very well known to the powers that be. I have testified in front of the House Judiciary Committee in support of relaxed Concealed Carry legislation, I have had the numbers run on some of my guns by police throughout the state, and in at least one county my old residence was known as "the house with the guns" to the county cops, even after I had left for Iraq in '07. They know who I am already and they're only gonna know more certainly over the next couple of months. They can, have and WILL break into peoples houses to steal their shit, and I have nothing but solid reasons to believe they'll do the same to me. You guys know damned well that when they come for a gun, they come for all the guns, no matter what caliber, vintage or design. I need them out before I can fight the way I want. This brings me to my final issue:

No offense, but I think your tinfoil is a little tight. I don't see this happening (yet) do to all of the fighting we are doing.

Can I loan everything (everything Title I that is) to an out of state friend if he is not a prohibited person? If I do that, can I get them back into the state later?

I don't want to come home a criminal and find that all my guns are gone.

Thanks in advance for any advice.

You should be able to loan stuff to a friend out of state, you haven't given up ownership of it.

 

[OnTarget]

Yes, but isn't the point here that if only one item is overlooked, one becomes a criminal, which the politicians have errantly and arrogantly decided.