SB 281: A summary of some key provisions as passed by the House

[raff696]

Judge for yourself. Here's how the pertinent MARYLAND law will read as of October 1, 2013:

CRIMINAL LAW
TITLE 4. WEAPON CRIMES
SUBTITLE 3. ASSAULT PISTOLS AND DETACHABLE MAGAZINES

Md. CRIMINAL LAW Code Ann. § 4-305

§ 4-305. Detachable magazines -- Prohibited

(a) Scope of section. -- This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

Possesion is not ruled out. Basicly if you have them.. then they are Grandfathered in.. That's means don't get pulled over with them in a bag with a receipt proving you just bought them!

 

[AliasNeo07]

So are FTF sales of non banned long guns still legal?

 

[CAS_Shooter]

16 hrs of training for CCW is ridiculous. What the HELL is an instructor going to do to fill this time? I can see 8, 4 classroom and 4 live fire but 16 is nothing but a deterrent.

G&S is already the primary deterrent. This is just salt in the wound for those that the are audacious enough to have forced the states hand into providing a permit.

 

[ddeanjohnson]

So are FTF sales of non banned long guns still legal?

Yes. But there are number of provisions in the bill that expand the groups of people who are disqualified from possession of any type of firearm, including a rifle or shotgun -- for example, anyone who has received a Probation Before Judgment for certain types of crimes, unless it has been expunged, and anyone who has been involuntarily admitted to a mental health facility for any length of time, unless his or her firearms rights have been restored by an elaborate process. You may not knowingly sell any firearm to a person who is under one of these disqualifications.

 

[ddeanjohnson]

Per SB281, a person awarded PBJ for certain enumerated violent offenses will have to surrender their firearms. I have read (don't know if it is true) that third degree sexual offenses are included in those enumerated offenses and that urinating in public is a third degree sexual offense. Is this true? can it be possible that PBJ or conviction of urination in public be reason to confiscate firearms?
Of course, I have never urinated in public, but I'm pretty sure my brother has..

Here is the actual statute defining sexual offenses in the third degree:

Criminal Law Article
§ 3-307. Sexual offense in the third degree

(a) Prohibited. -- A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

(b) Penalty. -- A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

HISTORY: An. Code 1957, art. 27, § 464B; 2002, ch. 26, § 2; 2006, ch. 317.

 

[llkoolkeg]

This is making me wonder, for the sake of documenting what I own and as of when I owned it, if I should empty my safe onto my bed and take a video of all my firearms and then store it offsite...perhaps a safety deposit box so that it could be retrieved later and provided to my lawyer as needed. Hmmmmmmmmmmm, I'll have to do some more thinking on this.

 

[Afrikeber]

Lawyers will be making a killing....no pun intended on defending law abiding citizens with this conundrum of regulations that are sure to ensare honest folks trying to enjoy their 2nd ammendment rights. What a mess!

 

[ddeanjohnson]

There was some discussion during the full house debate about whether this bill will prohibit junior hunters from possessing ammo for hunting. The contention was that the bill makes it illegal to possess ammunition (any ammo) if you are prohibited from possessing a regulated firearm. In another section, by definition, anyone under 21 years old is prohibited from possessing a regulated firearm, therefore, they cannot possess ammo, therefore they cannot hunt with a firearm. The anti 2A author said that was not true and an amendment to clarify was voted down.
Prohibit is specific- cannot possess- it does not mean has had an application rejected.
This would I assume also apply to anyone who has had an application (77R) rejected, but is otherwise allowed to possess unregulated firearms if there is such a class of persons, and I assume there must be.

Anyone with more knowledge of this have any comments?

A final, integrated print of the bill is not yet available. The jigsaw-puzzle documents we have access to have, I think, some garbled cross-references, which hopefully will be fixed when we see the final bill. As near as I can tell, the disqualification for ammunition applies to people who cannot possess a regulated weapon because of criminal history, mental health history, or the like. If this is an accurate reading, then a minor would be able to possess long gun ammunition for hunting.

There is a separate issue, which I discussed in paragraph no. 9 of my summary, of whether a minor or anybody else who lacks the "handgun qualification license" can temporarily "receive" a handgun to participate in target shooting under supervision, to try one out at a rent-a-gun range, and the like. Although some sponsors made statements suggesting this was not the intent, as far as I can tell, they never inserted any language to resolve this ambiguity. While I may have misunderstood her, at one point I thought I heard Delegate Kathleen Dumais (D-Montgomery), the floor manager in support of the bill, suggest that she believed nobody should worry about such situations because prosecutors will exercise "discretion."

 

[eruby]

Possesion is not ruled out. Basicly if you have them.. then they are Grandfathered in.. That's means don't get pulled over with them in a bag with a receipt proving you just bought them!

If you get pulled over after 10/1/13 in Maryland after having purchased 30 round magazines in Va, Pa, etc, you should be okay.

It looks to still be legal to buy them and bring them back in to the People's Republic, though I suppose a case could be made that bringing back what you purchased could be considered a 'transfer'.

 

[ddeanjohnson]

thread closed -- see updated summary

This thread is now CLOSED because it has been superseded by my updated summary posted here.

 

[GBMaryland]

We're trying to have one thread here that just addresses various points of confusion about what the bill does or doesn't do. This is the Sgt. Joe Friday thread -- "Just the facts, ma'am." There are lots of other threads where people talk about what they think about it.

My mistake. Sorry about that. Mods can we get some clean up?

GB

 

[madness3120]

" requires law-abiding citizens, prior to purchasing a handgun to be fingerprinted at state police headquarters, have a background check, take four hours of classroom instruction, pass an undefined test at a gun range, and obtain a gun license, and also a 50$ fee associated with new registration"

Is this EVERY time you buy a gun you have to do this???

 

[gmkoh]

Good Answer

Here is the actual statute defining sexual offenses in the third degree:

Criminal Law Article
§ 3-307. Sexual offense in the third degree

(a) Prohibited. -- A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

(b) Penalty. -- A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

HISTORY: An. Code 1957, art. 27, § 464B; 2002, ch. 26, § 2; 2006, ch. 317.

Thanks! Apparently what I read in another thread is wrong. I am not surprised.

 

[erwos]

It looks to still be legal to buy them and bring them back in to the People's Republic, though I suppose a case could be made that bringing back what you purchased could be considered a 'transfer'.

No way that would legally be considered a transfer.

 

[esqappellate]

No way that would legally be considered a transfer.

Agreed. The purchase is a "transfer" Bringing it back is "transport"

 

[esqappellate]

" requires law-abiding citizens, prior to purchasing a handgun to be fingerprinted at state police headquarters, have a background check, take four hours of classroom instruction, pass an undefined test at a gun range, and obtain a gun license, and also a 50$ fee associated with new registration"

Is this EVERY time you buy a gun you have to do this???

No, this is what you have to do to get the license, which is good for 10 years. BTW, the live fire requirement may have been dropped at the last moment in the House with an amendment sponsored by Del. McDermott. attached.

 

[ddeanjohnson]

" requires law-abiding citizens, prior to purchasing a handgun to be fingerprinted at state police headquarters, have a background check, take four hours of classroom instruction, pass an undefined test at a gun range, and obtain a gun license, and also a 50$ fee associated with new registration"

Is this EVERY time you buy a gun you have to do this???

No, once you have the license you can use it to buy multiple guns. The license must be renewed every 10 years, but the training need not be repeated.

By the way, the bill contains no requirement that the fingerprinting be done "at State Police headquarters." The State Police will write regulations about where the fingerprinting will be available.

 

[ddeanjohnson]

PLEASE MOVE THIS DISCUSSION TO UPDATED THREAD!

Friends,

I am trying to CLOSE this thread, because it has been superseded by my updated summary posted here.

 

[madness3120]

" requires law-abiding citizens, prior to purchasing a handgun to be fingerprinted at state police headquarters, have a background check, take four hours of classroom instruction, pass an undefined test at a gun range, and obtain a gun license, and also a 50$ fee associated with new registration"

Is this EVERY time you buy a gun you have to do this???

??

 

[bshedwick]

I keep reading and reading and I'm tired of this crap. I feel like when October 1, 2013 comes I am labeled as a criminal. So now I am the bad guy. I'm so afraid I dare never to bring my guns out of the house to shoot or to learn how to hunt. I'm afraid I will be pulled over on the highway and handcuffed as other drivers look and stare at me. I'm afraid the cost and pain I will cause to my family as I could lose my job, house, car and worst a criminal record until I die.

How dare you to treat me like this. I defended this country with my life! I never did anything wrong.

Well said