PCS Move to MD

[mgrs]

All,

I came down on PCS orders to Maryland and will be moving this month. I am not thrilled, but really have no choice. I've been reading up on SB281 and am, like many, confused, but am starting to figure it out.

I am unclear re: SB281 on a few points:

1- If I have (as of 1 OCT) regulated firearms that were purchased after that date at my previous duty station, I cannot bring these into the state?
2- I will have to register any other regulated firearms within 90 days?
3- Outside the HQL, there are no active duty mil exemptions to any of the licensing and registration provisions?
4- I need to apply for 'bona fide collector status" in order to transport firearms for legal purposes other than target shooting or non-official business?

I am a new member and introduced my situation here:http://www.mdshooters.com/showthread.php?t=139184

These questions were also cross-posted in the MD hometown section of another major forum.

Thanks in advance!

 

[Threeband]

#4
There is no such thing as "Bona Fide Collector Status". "Designated Collector Status" is only an exemption from the one-handgun-a-month rule. It is free for the asking, so you might as well ask for it.

Whether or not having Designated Collector Status makes you a Bona Fide Collector would be for the court to decide, in the extremely unlikely event that a) - you are charged with violating the handgun transport law and, b) - your lawyer decided to claim "Bona Fide Collector" status as part of your defense. There is no definition of what makes you Bona Fide.


The transport laws apply only to handguns. They seem intended to discourage people from just driving around with handguns without a specific, government sanctioned purpose. Self Defense is not seen as a legitimate purpose, but going to and from the gun store, gunsmith, any shooting activity, or dog obedience class is okay. Don't worry too much about it. The law doesn't even say you have to go directly there and back, though it's probably best to keep the side trips to a minimum.


3) The HQL is only to purchase a non-C&R, modern handgun. You don't need the HQL to possess, transport, or use a handgun. Unless you want to buy a new pistol, there's no need to get the HQL. Otherwise, there is no licensing requirement.

2) The registration is new, and you'll have to register your handguns and otherwise-banned long guns. No legal way around that.

1) I'm a little confused by your wording. Any handguns you buy you should be able to bring: October 1 doesn't apply. If you can buy handguns where you are, you probably should get what you can, so you won't need the HQL. But you will have to register them within 90 days. Possession before October 1 applies to the newly-banned long guns: AR 15s, AKs, all the ones on the List. My understanding is that any you bought before October 1, 2013 will be grandfathered, but you'll need to register them, and you'll need to prove you owned them before the cut-off date. I would make sure of that before bringing them here.

There is a short list of banned "assault pistols" which I believe can only be possessed if they're federally registered as SBRs or AOWs under the NFA. That's an old law, and I'm not really up on it.

 

[NateIU10]

1) You may not transport any MD defined assault weapon into the state that was purchased/ordered after 10/1/2013

2) Any regulated firearm that may be brought into the state must be registered with the State Police if you intend to make MD your home. This would mean Assault Long Guns and Handguns.

3) Not that I am aware of.

4) The designated collector status allows you to purchase as many handguns as you want during a 30 day period. The transportation exemption is for bona fide collectors, which is not defined (may mean the designated collector, may not).

Welcome

 

[dblas]

Threeband and Nate are incorrect on is the 90 day registration. That only applies if you intend to change you home of record to Maryland, if not then you ARE NOT required to register any firearms as an active duty military stationed in Maryland.

If, however, you do decide to make Maryland your new PERMANENT home, then the 90 day clock starts for the registration.

#1 - if by regulated, you are referring to long guns, then if they have been purchased after Oct 1, 2013, then they are indeed banned for you to bring into Maryland.

#2 - answered above

#3 - HQL is the only pass you get and really the only one you need top be concerned with.

#4 - Other than going to/from the range (including out of state ranges), to/from the store/gunsmith, to/from hunting (in state and out of state), what other transportation concerns do you have?

Contrary to popular belief, MSP and other LEOs do not make it a habit of pulling people over just to check and see what firearms they may happen to have in their vehicle.

 

[NateIU10]

2) The registration is new, and you'll have to register your handguns and otherwise-banned long guns. No legal way around that.

That is incorrect. You must only register Regulated Firearms. If you have a firearm purchased pre 10/1/2013 that fails the Copycat test, you may still bring it into the state if you intend to make it your residence, and would NOT have to register it. Regulated Firearms are only Handguns and the Assault Long Gun list.

 

[dblas]

That is incorrect. You must only register Regulated Firearms. If you have a firearm purchased pre 10/1/2013 that fails the Copycat test, you may still bring it into the state if you intend to make it your residence, and would NOT have to register it. Regulated Firearms are only Handguns and the Assault Long Gun list.

The registration also applies to those firearms that are considered copy cats under the 2 feature test, as they are banned firearms as well.

But since the OP is Active duty military and is NOT establishing PERMANENT residence in Maryland, the registration process DOES NOT apply to the OP.

 

[JCarlton81]

SB281 is a complex law that contains ambiguous language that can result in people inadvertently breaking the law. Additionally, forums are a good place to seek opinions, but should not be relied upon for facts or legal advice.

I would contact your receiving units Staff Judge Advocate and get their advice. This way you are covered from the military's perspective. And if you run into issues with the state you can fall back on the SJA for help.

 

[ohen cepel]

Do not change your state of residency to md.

Consider leaving some things stored in another state if that is an option for you.

 

[mgrs]

Thanks all for the replies!

I did read the law and then some of the subsequent interpretations- the complexity and potential ambiguity are great in a number of provisions. Internet misinformation does add to the confusion, hence my question about transportation. Coming from very permissive states, I was used to having weapons in the car more often than only traveling to and from shooting activities.

SB281 is a complex law that contains ambiguous language that can result in people inadvertently breaking the law. Additionally, forums are a good place to seek opinions, but should not be relied upon for facts or legal advice.

I would contact your receiving units Staff Judge Advocate and get their advice. This way you are covered from the military's perspective. And if you run into issues with the state you can fall back on the SJA for help.

On the issue of residence, I will SJA clarification. I will be keeping my home of record and legal residence in another state pursuant with the SCRA, but want to be certain that the SB281's definition of legal residence is consistent with this itent

In soliciting forum responses, I am hoping to draw on personal experiences with the law as it is implemented and understand the caveats that come with it.

It is almost enough to consider commuting from NOVA, as I will have to sell or leave with relatives a few firearms that were purchased after the deadline and before my orders were cut.

 

[Bob A]

Relating to the implementation of the law, it will vary considerably depending on circumstances, many of which are out of your control. There are places in MD where you can expect to be at greater risk of prosecution; the more heavily populated areas tend to have little or no exposure to firearms, and will react accordingly.

If commuting from VA is an option, I'd give it serious consideration.

 

[rwbow1969]

Stay out of D.C. with firearms and even spent shell casings will get you in a heap of Sh!t.

Here is a copy of the COMAR regulations for Maryland also, it may help explain some of this to you.

https://marylandshallissue.com/share/sb281-reg-p1.pdf

.05 New Residents of the State.
A. A person who moves into the State with the intent of becoming a resident shall register all regulated firearms within 90 days after establishing residency by submitting a registration application in the format prescribed by the Secretary.
B. The registration application shall include:
(1) The applicant’s name, address, driver’s license or photographic identification soundex number, Social Security number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers; and
(2) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of each regulated firearm.
C. The application must be accompanied by a nonrefundable payment of $15, regardless of the number of firearms registered.
.06 Ammunition.
A. A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under Regulation .03A of this chapter or Public Safety Article, §5-133(b)-(c), Annotated Code of Maryland.
B. A person who violates this section may be punished by imprisonment for a period of not more than 1 year, or a fine of not more than $1,000, or both.



I hope this information helps some. If you have any other questions please feel free to PM me.

 

[fabsroman]

Thanks all for the replies!

I did read the law and then some of the subsequent interpretations- the complexity and potential ambiguity are great in a number of provisions. Internet misinformation does add to the confusion, hence my question about transportation. Coming from very permissive states, I was used to having weapons in the car more often than only traveling to and from shooting activities.



On the issue of residence, I will SJA clarification. I will be keeping my home of record and legal residence in another state pursuant with the SCRA, but want to be certain that the SB281's definition of legal residence is consistent with this itent

In soliciting forum responses, I am hoping to draw on personal experiences with the law as it is implemented and understand the caveats that come with it.

It is almost enough to consider commuting from NOVA, as I will have to sell or leave with relatives a few firearms that were purchased after the deadline and before my orders were cut.

The bill was implemented so recently that there really isn't enough interpretation of it at this point. For instance, I don't know if anybody has even been charged with violating a provision of it and there certainly has not been any case law to apply.

Regarding the definition of "residence", it is not defined in the bill. We have hashed this one out in other threads. Try a forum search for the answer, which is that there is no specific definition of residence. Think we just hashed it out over a college student in Florida moving back to Maryland with some "assault weapons" that he purchased in Florida while at school there.

Depending on what your commute looks like, I would pick Northern Virginia over Maryland if I were in your shoes. Sadly, my shoes are a completely different brand and model.

 

[NateIU10]

The registration also applies to those firearms that are considered copy cats under the 2 feature test, as they are banned firearms as well.

But since the OP is Active duty military and is NOT establishing PERMANENT residence in Maryland, the registration process DOES NOT apply to the OP.

Where are you getting that all banned firearms must be registered? The law is below, and as I read it, only applies to regulated firearms for the registration component. Regulated firearms are a defined term, which does not include Copycat firearms or Assault Weapons as a whole (only handguns and Assault Long Guns are regulated firearms under MD law.)

§ 5-143. Persons moving into State required to register all regulated firearms
Persons with intent of becoming residents
(a)(1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.
(2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.
Contents of registration
(b) An application for registration under this section shall contain1) the make, model, manufacturer's serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and(2) the firearm applicant's name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver's or photographic identification Soundex number, and occupation.
Filing and registration fee for registration applications
(c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.
Confidentiality of registration data
(d) Registration data provided under this section is not open to public inspection.

MD PUBLIC SAFETY § 5-143

It also says "residence" not permanent residence. I haven't seen that defined in the law, but does that apply to the OP? Maybe.

 

[Biggfoot44]

If you are framing your point of refrence as to routinely having firearms in vehicles so as to be able to defend one's self , not gonna happen in Md. Handguns may only be transported between "official destinations" as referenced above. Unloaded long guns are not prohibited per se. There is a thread here about local ordances that pre-date the state Preemption statute. You should further consider Md's rates of thefts from vehicles and thefts of entire vehicles. If you do routinely carry an unloaded long gun in your trunk , do bring an heirloom , or particularily valuable one. Ie nothing that you could live with being stolen.

If the commute would be at all plausable , Va is a good place to live.

 

[240 towles]

is the assault pistol ban still in effect? Or did SB281 override that?

 

[Minuteman]

Welcome to the forum, and welcome to Maryland, the "Free State".

Your question was sufficiently discussed, so I'll just complain and finish by asking you a favor. By the way, something you should know about this forum, it's not just some guys talking in cyberspace; many, many of us really know one another. We don't always see eye to eye on everything, but every one of us (that I've met so far anyway), are honorable and well intended. I had an hour phone conversation with a member here last night about a thread you may find here. Going to spend most of today shooting/hanging out with a couple dozen members of this forum, literally meeting them in a few hours.

Complaint- I hate to admit this, but I can no longer deny it; too many good people did too little for so long, the majority of Maryland politicians are worthless freeloaders (bums), or worse. This problem is common knowledge and many businesses and good people have given up on this state. Even the politicians themselves will candidly say things like the fix is in, and there is nothing we can do, blah... I hope you get involved in the political process here, because if enough of us don't do something (like vote in more honorable politicians) and quick; this state will be lost. Some here will tell you it's already too late and it is true that Marylands largest sources of income are the federal government and the harbor (shipping mostly). Most of our tax money is wasted keeping another generation of poor inner city kids believing its ok to live in poverty. When you get here, drive around Baltimore, look for yourself, it is decaying and the politicians pretend its ok, and use the situation to blame others and get reelected.

Maryland is a beautiful state, rich with history and tradition. It is a shame what has happened to this great state since people started accepting lesser men/women as their representatives. If you come with us to Annapolis, you will see it for yourself, you will also see more than a handful of great Americans, that somehow were successful getting elected, dispite the odds.

Request- Please share the SJA opinion about Maryland law. We know Senate Bill 281 (SB 281- the new law being discussed here) was a hodgepodge of failed bills from the past, and agregious anti gun language from other states; that our governotator ram rodded through, exploiting the tragic mass shooting; as a ploy to bolster his anti-gun credentials. What a mess that bill is, I feel it's intentionally vague to deter honest people from wanting to own and use firearms for legitimate purposes. If you can get an SJA opinion, it will likely help many other Service members who will also find themselves stranded in the Free State.

 

[NateIU10]

is the assault pistol ban still in effect? Or did SB281 override that?

The assault pistol portion of the law is the same as it was before.

 

[rwbow1969]

Where are you getting that all banned firearms must be registered? The law is below, and as I read it, only applies to regulated firearms for the registration component. Regulated firearms are a defined term, which does not include Copycat firearms or Assault Weapons as a whole (only handguns and Assault Long Guns are regulated firearms under MD law.)

It also says "residence" not permanent residence. I haven't seen that defined in the law, but does that apply to the OP? Maybe.

The only regulated firearms available for purchase now are handguns. Everything else is a NICS check.
Copycat firearms or "Assault Weapons" (Yes, I hate that term also.) are still regulated, as in banned. You have 90 days to register them once you establish residency. Just because they are banned does not mean they are not regulated, banning them is regulating them.

 

[NateIU10]

The only regulated firearms available for purchase now are handguns. Everything else is a NICS check.
Copycat firearms or "Assault Weapons" (Yes, I hate that term also.) are still regulated, as in banned. You have 90 days to register them once you establish residency. Just because they are banned does not mean they are not regulated, banning them is regulating them.

Regulated Firearm is a defined term in PS 5-101. Regulated Firearms are handguns and the Assault Long Gun list. I stand by original assertion, unless you can point me in another direction that otherwise requires registration. The law only requires registration of Regulated Firearms.

Regulated firearm(r) “Regulated firearm” means:
(1) a handgun; or
(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weaponi) American Arms Spectre da Semiautomatic carbine;(ii) AK-47 in all forms;(iii) Algimec AGM-1 type semi-auto;(iv) AR 100 type semi-auto;(v) AR 180 type semi-auto;(vi) Argentine L.S.R. semi-auto;(vii) Australian Automatic Arms SAR type semi-auto;(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;(ix) Barrett light .50 cal. semi-auto;(x) Beretta AR70 type semi-auto;(xi) Bushmaster semi-auto rifle;(xii) Calico models M-100 and M-900;(xiii) CIS SR 88 type semi-auto;(xiv) Claridge HI TEC C-9 carbines;(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;(xvii) Dragunov Chinese made semi-auto;(xviii) Famas semi-auto (.223 caliber);(xix) Feather AT-9 semi-auto;(xx) FN LAR and FN FAL assault rifle;(xxi) FNC semi-auto type carbine;(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;(xxiii) Steyr-AUG-SA semi-auto;(xxiv) Galil models AR and ARM semi-auto;(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;(xxvi) Holmes model 88 shotgun;(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;(xxviii) Manchester Arms “Commando” MK-45, MK-9;(xxix) Mandell TAC-1 semi-auto carbine;(xxx) Mossberg model 500 Bullpup assault shotgun;(xxxi) Sterling Mark 6;(xxxii) P.A.W.S. carbine;(xxxiii) Ruger mini-14 folding stock model (.223 caliber);(xxxiv) SIG 550/551 assault rifle (.223 caliber);(xxxv) SKS with detachable magazine;(xxxvi) AP-74 Commando type semi-auto;(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;(xxxviii) Street sweeper assault type shotgun;(xxxix) Striker 12 assault shotgun in all formats;(xl) Unique F11 semi-auto type;(xli) Daewoo USAS 12 semi-auto shotgun;(xlii) UZI 9mm carbine or rifle;(xliii) Valmet M-76 and M-78 semi-auto;(xliv) Weaver Arms “Nighthawk” semi-auto carbine; or(xlv) Wilkinson Arms 9mm semi-auto “Terry”.

MD PUBLIC SAFETY § 5-101

 

[fabsroman]

The only regulated firearms available for purchase now are handguns. Everything else is a NICS check.
Copycat firearms or "Assault Weapons" (Yes, I hate that term also.) are still regulated, as in banned. You have 90 days to register them once you establish residency. Just because they are banned does not mean they are not regulated, banning them is regulating them.

This morning, I thought Nate had it wrong, but it turns out that he is right. A Copycat weapon that fails the feature test is not actually included in the definition of a "regulated weapon" and only "regulated weapons" need to be registered when somebody moves into Maryland with the intent of establishing his/her residence here. So, a Copycat weapon purchased before October 1, 2013 does not have to be registered. A Copycat weapon purchased after September 30, 2013 is banned and cannot be brought in.

The General Assembly probably should have used the "Assault Weapon" phrase in the registration section for people moving into Maryland with grandfathered weapons. Goes to show once again how terribly they drafted this legislation, and these are the brightest people we can elect (i.e., the best that are willing to run for office).