The final SB 281: A detailed summary for non-lawyers

[Crusty ol' sarge]

Crazy, crazy. Seems like one could make a pretty good case that a sharpened pencil is a deadly weapon.

 

[ddeanjohnson]

Crazy, crazy. Seems like one could make a pretty good case that a sharpened pencil is a deadly weapon.

Perhaps. Have we not all heard the axiom, "The pen is mightier than the sword"?

However, "deadly weapon" is a somewhat elastic term under Maryland case law. Under the case law, as I understand it, a conviction would not be sustained for carrying a pencil, unless it was proved that the accused actually used the pencil as a deadly weapon, or intended to do so. I don't have the case handy, but that is the gist. I am not a lawyer and this is not legal advice. I myself have carried pencils on school property and intend to do so in the future, but without malicious intent.

The knife and firearm are different, however, because it is not a matter of interpretation or intent -- they are explicitly banned in the statute.

 

[NarlocB]

I suspect the list will change soon.If not in the law,then in some regulations. Way too many things that make no sense. IE: a ruger Mini14 in .223 is banned bit a Ruger mini 30 in 7.62 isn't on the list although an AK in the same caliber is on the list. I don't remember all the details but, as I understand it, when Cali instituted their ban years ago some SKS models were not on the list. So people bought a bunch of them. Several years later the gov realized it's mistake and put the models on the list. They didn't care that they had just made criminals out of law abiding citizens.MOM won't either.

Only the mini-14 with a FOLDING STOCK is on the list

Ruger mini-14 folding stock model (.223 caliber);

http://www.mdshooters.com/showthread.php?p=2320801#post2320801


A ranch rifle with a telescoping stock should be legal if i read it right....

 

[garym]

Or, if you routinely carry a large folder and jog through school property. There's a middle school that's part of my route.

Or your Polling place is a school and as the normal for you there is a knife in your pocket?

 

[ddeanjohnson]

Or your Polling place is a school and as the normal for you there is a knife in your pocket?

Yes, subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

Again, however, this is not anything new in SB 281. § 4-102 has been law for over a decade. We're trying to keep this thread to clarifying what provisions of SB 281 will require, prohibit, etc.

 

[VFP]

The other fun aspect of this is that the licensing requirements for traiining include hands-on orientation. So if you can't temporarily "receive" you can't get licensed?

That is. in effect, a defacto ban on handgun ownership or gun ownership period. They know that is how it will be interpreted, and applied. End run around the constitution. non-licenced citizens cannot possess, aquire, or transport, firearms without a license. That means you cannot give them one to even hold for a second without them first successfully completing the licensing portion of the bill. Once signed into law, let's see how that part of the law gets shoved down our collective throats. If you do let them have one, even for a second, you just violated the ban also. The effect of that? say goodbye to your right to even own any firearm. That includes getting caudght with a concealed knife in your pocket and get prosecuted for it. Little caveat to consider. I suppose you can keep the buck knife out in the open when you are field dressing your deer. CCW is not just for handguns you know.

 

[VFP]

That prohibition is part of current law -- longstanding law. Here is the complete text of the current law:

CRIMINAL LAW
TITLE 4. WEAPON CRIMES
SUBTITLE 1. GENERAL PROVISIONS

Md. CRIMINAL LAW Code Ann. § 4-102

§ 4-102. Deadly weapons on school property


(a) Exceptions. -- This section does not apply to:

(1) a law enforcement officer in the regular course of the officer's duty;

(2) a person hired by a county board of education specifically for the purpose of guarding public school property;

(3) a person engaged in organized shooting activity for educational purposes; or

(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.

(b) Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

(c) Penalty. --

(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.
​

As you see, the law does not now contain exceptions for knives carried by any of the people you mention. The only change that SB 281 makes to this law is to add an exception for an off-duty law enforcement officer "who is a parent, guardian, or visitor of a student attending a school located on public school property," if the officer displays his badge or credential and conceals his "weapon."

Any deadly weapon. That would exclude nearly all repair technicians. If one considers what a technician carries either in a tool, bag, pouch, etc. or in their vehicle, they would be subject to that clause. Hammer are deadly, and are more often used in assault than any other weapon, wouldn't you agree? Anyone have a swiss army knife, or a leatherman? shall I continue?

 

[ddeanjohnson]

Any deadly weapon. That would exclude nearly all repair technicians. If one considers what a technician carries either in a tool, bag, pouch, etc. or in their vehicle, they would be subject to that clause. Hammer are deadly, and are more often used in assault than any other weapon, wouldn't you agree? Anyone have a swiss army knife, or a leatherman? shall I continue?

Again, there is specific case law in Maryland that enunciate tests about when a tool or other object will be considered a "deadly weapon" for purposes of various criminal statutes. I don't have time to pull up the case or cases right now, but I read them years ago. The gist is that it depends on the context, and the motivation for carrying it. If Joe says to somebody, "I'm going to go beat in Charlie's head," sticks a rock in his pocket, and then goes and beats in Charlie's head with that rock, Joe might be charged with assault with a deadly weapon, to wit, that rock. It does not follow that the kid who picks up a pretty rock on the school field trip and carries it back to school possesses a "deadly weapon" on school property.

With respect to the weapons-in-schools law, however, firearms and knives are explicitly prohibited, so there is no judicial analysis required, other than whether the possessed object was indeed a "firearm" or a "knife."

 

[obnoxious2]

With the handgun license, how often if ever does it need to be renewed? If this ends up being like a driver's license with 60 bucks renewal every 2 year...

 

[swinokur]

10 years

From the bill

(H) (I) (1) A HANDGUN QUALIFICATION LICENSE ISSUED UNDER 4 THIS SECTION EXPIRES (5)10 YEARS FROM THE DATE OF ISSUANCE.

5 years was struck

 

[ddeanjohnson]

With the handgun license, how often if ever does it need to be renewed? If this ends up being like a driver's license with 60 bucks renewal every 2 year...

Under this bill, the handgun qualification license expires after 10 years. It can then be renewed for a fee of $20. For renewal, the applicant is not required to repeat the training course or fingerprinting.

 

[esqappellate]

1. These comments misunderstand, I think, the nature of the new handgun qualification license. There is no requirement in SB 281 that any person, resident or nonresident, have a handgun qualification license to "possess" a handgun. It will be a license that "authorizes a person to purchase, rent, or receive a handgun." (Page 21, lines 27-29.) Maryland law already prohibits transportation of a handgun (without a carry permit) in a vehicle, even unloaded and cased, except when going to a list of specific types of destinations listed in the statute, so an out-of-state resident who ends up unexpectedly stuck in Maryland with a handgun on his person or in his vehicle, even unloaded, could be in trouble, but that is an effect of the current law on carrying/transporting a handgun, not anything new in the bill. The situations described above really have nothing to do with the handgun qualification license.

2. Residents of other states who are traveling to one of the "approved" destinations in Maryland are okay under current law, if the handgun is unloaded and completely enclosed. Residents from other states who are just passing through Maryland to an ultimate destination in another state, a destination at which they have a right to have the handgun, are protected (in theory at least) by federal law, 18 U.S.C. Section §926A, if the handgun is unloaded, cased, and stored in the trunk (if the vehicle has a trunk), with ammo stored separately.

3. SB 281 does create a new trap for a resident of another state traveling to a destination in Maryland, or unexpectedly stuck at a destination in Maryland -- the new ban on "assault"/"copycat" firearm. The visitor commits an offense if he brings into the state an "assault"/"copycat" firearm as defined in the bill, if it was acquired after October 1, 2013. If the traveler is just driving through on his way to a destination in another state where he has a right to possess that firearm, he is protected by the federal law cited above -- in theory at least -- as long as it is unloaded, cased, and transported as described above.

Dead on. Good advice

 

[TROOPER]

Wait a second.. Did this bill pass???

 

[Dogmeat]

Yes, it passed. The House amended version of SB281 was reheard and passed the full Senate on Friday, 5 April 2013. It is sitting on MOM's desk waiting for the Photo/Op Signing with the President.

 

[TROOPER]

Yes, it passed. The House amended version of SB281 was reheard and passed the full Senate on Friday, 5 April 2013. It is sitting on MOM's desk waiting for the Photo/Op Signing with the President.

I feel physically sick...

Well get ready to become like the UK guys...

Next is an ALL OUT nationwide ban.... You can bet on that...

 

[swinokur]

Trooper. That's and old Indian name for

"he who lives under a rock."

hope you were kidding

 

[TROOPER]

Trooper. That's and old Indian name for

"he who lives under a rock."

hope you were kidding

You don't think that's the agenda..??

As soon as there's another shooting, and there WILL be...

Then they'll be coming for everything else..

 

[swinokur]

sure it is. I just couldn't figure out if you were serious or not.

 

[smores]

Paragraph 7., in regards to transport into the state of an "assault" or "copycat" rifle.

If I want to come into MD from VA, with an Arsenal SLR-106FR (AK) that I purchased in 2007 to shoot at a range with friends, 30 round magazines, folding stock and bayonet mounted and all - I'm good... but if I bought that rifle in November 2013, it's illegal?

 

[ddeanjohnson]

Paragraph 7., in regards to transport into the state of an "assault" or "copycat" rifle.

If I want to come into MD from VA, with an Arsenal SLR-106FR (AK) that I purchased in 2007 to shoot at a range with friends, 30 round magazines, folding stock and bayonet mounted and all - I'm good... but if I bought that rifle in November 2013, it's illegal?

That's right. If you lawfully owned it in Virginia prior to October 1, 2013, it would be legal to bring in and shoot it at the range (but not to sell it), but if you acquired it on October 1 or after, it would not be legal, as I read it.