SB74-Criminal Law-Bump Stock/HB29-Handgun Permit Preliminary Approval

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  • j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    This will pass easily unless a legal technicality why it can't, can be exploited

    If this were to come up in America, it would probably be easy to beat. But here in Maryland, it would seem we will have a problem.

    In my opinion, the governor must veto this measure with a clear and concise message to the people as to why this bill must be defeated. I don't know if he has the stones for that, but that's what needs to be done.

    I just don't see that happening, but I see no other way for this bill to have a chance to be defeated in some for or another. I know the GA will have the votes to over ride the veto, but it would give the governor a little ammo (pun intended) for the 2018 election.

    Who knows?
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Would make building your own illegal, as a clever prosicuter would say makeing a non-functional semi functional increased it's rate of fire from 0.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    One should ask, does pulling the trigger increase the rate of fire in comparison to the firearm sitting on a table?
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,713
    DE
    DE has joined in on the insanity.
    (a) A person is guilty of possessing a destructive weapon when the person sells, transfers, buys, receives or has possession of any of the following:

    (6) A trigger crank, bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machine gun.
    SYNOPSIS

    This bill makes it a crime to sell, transfer, buy, receive or possess a trigger crank or bump-fire device designed to accelerate the rate of fire of a semiautomatic rifle, making such weapon function more like an automatic weapon. A bump stock was used by the gunman in Las Vegas in October 2017. Violation of this provision is a Class E felony

    http://legis.delaware.gov/BillDetail?legislationId=26218
     

    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    as per the thread title, so do i have to turn in my front hip belt loops? they are a hella lot cheeper than bump stocks.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,681
    Prince Frederick, MD
    Finally got around to reading the text of SB74. Would appear that they have cottoned-on to the "just go to an adjacent State" magazine "loophole."


    I'm expecting similar wording in other bills. Wouldn't want us plebes to have future opportunities for loopholing.

    I'm certain someone will point out that Item (1), above, likely runs afoul of FOPA, and there will be edits that make this read like the instructions for the Holy Handgrenade of Antioch.

    They will probably add magazines too.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Doesn’t violate FOPA. Bill says transport in to. FOPA only covers you if you are transporting THROUGH the state. They have very different legal meanings.

    Ah but take some local PD, county and or even an msp trooper who does not know the law and thinks even just having one while you are traveling thru MD is not covered. How many officers would say really know the law ?? All they are told i bet if this becomes law hey they had it in MD, while traveling in their car and that is a no no ...IMHO that could very well happen, Take the rouge MTA Police.. Their is really no oversight on that agency at all.... They did not put the FOPA to make sure LEO knows they are protected if they are traveling thru...
     

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,309
    Frederick County
    Sounds complicated. Let's consult the Attorney General:

    Frosh: SB74 doesn't conflict with FOPA at all. You can transport a bump stock THROUGH the State per Federal law. You just can't bring it INTO the State in the first place. That's the prohibited part. And if someone IS apprehended bringing a bump stock into Maryland, you can rest assured that my office will file suit against President Trump ... again.

    Sounds about right, yes?
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Sounds complicated. Let's consult the Attorney General:

    Frosh: SB74 doesn't conflict with FOPA at all. You can transport a bump stock THROUGH the State per Federal law. You just can't bring it INTO the State in the first place. That's the prohibited part. And if someone IS apprehended bringing a bump stock into Maryland, you can rest assured that my office will file suit against President Trump ... again.

    Sounds about right, yes?


    Ah but a person who is traveling thru MD has already brought the bump stock into MD since they are on the highways while traveling thru.... Is that a grey area????
     

    GolfR

    Ultimate Member
    Oct 20, 2016
    1,324
    Columbia MD
    Sounds complicated. Let's consult the Attorney General:

    Frosh: SB74 doesn't conflict with FOPA at all. You can transport a bump stock THROUGH the State per Federal law. You just can't bring it INTO the State in the first place. That's the prohibited part. And if someone IS apprehended bringing a bump stock into Maryland, you can rest assured that my office will file suit against President Trump ... again.

    Sounds about right, yes?

    I'm not a lawyer but I don't believe the FOPA provides any protection for firearm accessories or parts. I think it specifically protects the transport of firearms, for which a bump stock is not. I think if you are two feet over the line into MA, CA, or another other state that decides to ban them you are screwed.

    I'm toiling over whether I should just put my Echo Trigger up for sale now :mad54: but I'm waiting to see how the rollout of the MA law goes in a month or two. We will see if there is a similar injunction to the CA mag confiscation law.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,209
    南馬里蘭州鮑伊
    D's are taking Feinstein's DoA Federal bump stock ban language and introducing it at the state level.

    That's the "Bloomberg Strategy" from last year, if anyone remembers. It worked in Nevada and in the Western states. We will have to fight every failed Federal anti-gun bill here, I fear. Be prepared for a busy session this year.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Soooo ... the MGA could ban "triggers" whether they're installed or not?

    "Hey, we didn't ban guns wholesale ... just these little pieces of steel."

    I don't want to give the anti's any ideas, but if this bill passes, they could probably ban a lot of things that would be troublesome for us.
     

    win296

    Active Member
    Jun 15, 2012
    231
    Baltimore
    No co-sponsors. I wonder how hard they will push this vs. other things they want - sanctuary state for illegals.


    Sent from my iPhone using Tapatalk Pro
     

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