New resident/SB281 registration question

[Neot]

So we hired a new employee at work who came down from New Hampshire. He called MSP about registering his AR15's since he will become a MD resident, however MSP Licensing is telling him that he cannot even bring them into MD.

Reading through the SB281 it says a resident has 90 days to register their assault weapons, pistols, etc. after establishing residency and paying a $15 fee. The first woman he talked to told him he couldn't bring them here and had to sell them. The second person, a trooper apparently in the licensing section, said he couldn't bring them at all. So are they giving him bad info or am we just interpreting the language in the bill incorrectly?

 

[eruby]

If owned before 10/1/2013 should be okay I believe. HBARs always good.

 

[Doctor_M]

I believe that he has to prove that he owned them prior to Oct 2013. If purchased after that date, then they are correct, he can't bring them in.

 

[Neot]

I was under the impression that guns that fell under Maryland's regulated/banned list were grandfathered in if brought in from out of state by a new resident so long as they were registered. Here were two FAQ's I saw on here about it:
From Erwos
Q: Do I need to register a regulated firearm that I bought as regulated (ie, with a form 77r) within the state of Maryland?
A: No. Registration of grandfathered guns is now gone. Note that you may be required to register your grandfathered assault weapons and handguns if you move in from out of state.

From Ddeanjohnson:
8. Anyone who moves into the state would be required to register "all regulated firearms" with 90 days after establishing residency. This would apply to all handguns, except muzzleloaders and antiques (pre-1899), no matter when or where they were acquired. I suppose it will also be applied to any "assault" rifle that was lawfully possessed by the new resident prior to October 1, 2013, although that is not perfectly clear. There will be a $15 application charge, which will cover any number of handguns/regulated firearms. It appears to me that criminal penalties would apply for failure to register a handgun within 90 days, but I would appreciate some lawyer well versed in the criminal code looking at that question. If I am right, a new resident might find grandpa's old service revolver in a trunk in a few years, take it down to the local gun shop to sell it, and end up arrested for failure to register the handgun within 90 days of establishing residency.

Sooooo confusing. Stupid State of Maryland! lol

 

[eruby]

I think the hitch is that 'assault weapons' are no longer regulated, they are flat out banned, thus the requirement they be owned before 10/1/2013 to be brought into Maryland.

Hopefully erwos, et al will be able to opine in certainty.

 

[Neot]

Okay that explanation makes sense. Thanks!

 

[swinokur]

If the now banned regulated firearm was possessed before 10-1-13, it is legal to bring it into the state. As usual, MSP LD is a CF.

You do have 90 days to register it here:

http://mdsp.maryland.gov/Organizati...censingDivision/Registration/NewResident.aspx

 

[Bikebreath]

I believe that he has to prove that he owned them prior to Oct 2013. If purchased after that date, then they are correct, he can't bring them in.

I think it's the duty of the state to prove when the non-hbar AR was purchased. He just needs to be sure he knows when he purchased them.

 

[swinokur]

IANAL but I agree. The state has to make the case if they charge you

But a dated receipt is always a good startting place for a defense.

 

[TheBert]

If you don't bring the firearms into Maryland, keeping them in New Hampshire, do they still have to be registered?

 

[Threeband]

If you don't bring the firearms into Maryland, keeping them in New Hampshire, do they still have to be registered?

????????????

Maryland has no jurisdiction in New Hampshire.

 

[TheBert]

????????????

Maryland has no jurisdiction in New Hampshire.

People who are coming here need to know that if they don't bring the firearms into Maryland then they don't have to be registered. If they are going to be here for a couple of months, years or so then they should leave their good firearms at home.

 

[Pinecone]

IANAL but I agree. The state has to make the case if they charge you

But a dated receipt is always a good startting place for a defense.

But if they trace the serial number, and the rifle was produced AFTER 10/1/13, it will not be pretty.

 

[swinokur]

oh I agree with that 100%

 

[eruby]

IANAL but I agree. The state has to make the case if they charge you

But a dated receipt is always a good startting place for a defense.

But if they trace the serial number, and the rifle was produced AFTER 10/1/13, it will not be pretty.

I know you will have a rebuttal, but if the receipt is dated before 10/1/2013 (which I'm presuming is what swinokur meant), than it would not be possible for the rifle to be produced after 10/1/2013.

 

[thomfantomas]

There has to be a good portion of new state resident that are gun owners that are totally oblivious to this fsa2013 law...im pretty positive a majority hasnt "registered" their possessions within the 90 day time frame....would love to see those statistics!

 

[ted76]

Couldn't he swap out the uppers or just the barrels in New Hampshire and then bring them in as Hbars if he bought after 10/1/13?

 

[AssMan]

I know you will have a rebuttal, but if the receipt is dated before 10/1/2013 (which I'm presuming is what swinokur meant), than it would not be possible for the rifle to be produced after 10/1/2013.

I must not have the enrolled copy. My copy says "has a purchase order for" in addition to possessed.

 

[good guy 176]

F... Merryland...be silent and go about your business. We ain't gotten around to searching ya at the border, YET!!!

Lew--Ranger63
More defiant as the clock winds down.
Korea, Vietnam, Vietnam II, Germany

 

[swinokur]

I know you will have a rebuttal, but if the receipt is dated before 10/1/2013 (which I'm presuming is what swinokur meant), than it would not be possible for the rifle to be produced after 10/1/2013.

yes, I meant a receipt dated before 10-1-13