This is one (of a few) reasons my son will move to WV in a week.
I hope Beretta pulls out of MD.
We NEED one major manufacturer to move based on gun laws; that will make other states (not all of them) take note and hopefully stop the madness.
So if this passes it doesn’t mean those who already have what the state classifies as Assault Weapons have to dispose of them does it? Just curious because I have friends who live there.
The following is cut and pasted from another forum. I asked the OP for permission to post, this is his reply: Sure, go for it. Just remember that they’re only my interpretation, and even though I’m pretty good with law, it’s not legal advice. Oh, and it’s also not been passed yet. Fight the good fight, man.
SB281 Guns FAQ by “erwos”
Alright, kids, I am getting tired of people constantly asking the same questions about “is X banned?”… so here’s a quick FAQ about the amended SB281.
Q: Can I keep my otherwise-banned guns?
A: Yes, provided they have been registered before January 1, 2014 and were in your possession in otherwise-banned configurations before October 1, 2013. This is called “grandfathering”. If you are careful about registering, you will not lose any guns to this bill.
Whenever I write “banned”, assume the gun can be grandfathered!
Q: Do I need a license (with fingerprinting) to keep my pistols?
A: No.
Q: Can I keep mags with a greater than 10rd capacity?
A: Yes. There is no ban on possession with magazines. They do not need to be registered.
Q: Are there any transport issues with grandfathered guns?
A: No. The original SB281 text was ambiguous about this, but the third reading text makes it very clear that transport is fine.
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: UPDATED: this is a slightly trickier question than I gave it credit for. SB281 only specifies that you don’t need to re-register assault long guns that you bought as an assault long gun. But if you did something like buy a pistol and somehow make an assault long gun out of it, or that pistol is now a banned copycat weapon (eg, PLR-16), it is possible you could be legally obligated to re-register.
Q: Does registering a gun turn it into an assault weapon?
A: No. All handguns are registered, but, clearly, not all handguns are banned assault weapons. Strictly speaking, there’s nothing stopping you from registering a rifle or shotgun that’s not in a banned configuration, or even guns that wouldn’t be affected ever (pump shotguns!). Understand that the other side of this is that you cannot just turn a registered gun into an assault weapon (legally) after the ban if it wasn’t ever an assault weapon before October 1, 2013.
Q: What are the evil features for semi-auto centerfire rifles that take detachable mags?
A: The list is:
- Pistol Grip
- Forward pistol grip (aka, vertical foregrip)
- Folding or telescoping stock
- Grenade or flare launcher
- Flash hider
THE ABILITY TO ACCEPT A DETACHABLE MAG IS NOT COUNTED AS AN EVIL FEATURE.
Q: What are the evil features for semi-auto pistols that take detachable mags?
A: The list is:
- Threaded barrel that can take a muzzle device
- “Second handgrip” (note that this is not defined in the law…)
- Barrel shroud
- The ability to accept a detachable mag outside the pistol grip (eg, as found in the Sig P556 pistol).
THE ABILITY TO ACCEPT A DETACHABLE MAG IS NOT COUNTED AS AN EVIL FEATURE.
Q: What are the evil features for semi-auto shotguns?
A: There’s only two, but if you have either, you’re banned (one feature test):
- Pistol grip AND folding/collapsing stock
- Revolving magazine (think “Street Sweeper”).
How does the evil feature test work?
A: The amended SB281 has a “two feature test”. If you have two “evil features”, your centerfire rifle with detachable mags or pistol is banned (but see above about grandfathering). Semi-auto shotguns are only banned if they’ve got both a pistol grip and collapsing/telescoping stock, or if it’s a revolver shotgun, as noted above.
Q: Is X feature banned?
A: Asking about any particular evil feature is basically useless. Just having one won’t ban a pistol or rifle.
Q: How does this affect non-semi-auto guns (pumps, levers, bolt guns, etc.)?
A: It does not ban any non-semi-auto guns!
Q: Does the feature test applies to semi-auto rimfire pistols that take detachable mags?
A: Yes.
Q: My pistol takes mags that have a greater than 10rd capacity. Is it banned?
A: A fixed magazine greater than 10rds can get a semiauto centerfire rifle or semiauto pistol banned. It’s a complete non-issue for detachable mags, albeit you won’t be able to buy them in the state.
Q: What gun has a fixed mag greater than 10rds that’s not a .22LR tube mag?
A: A modded SKS comes to mind.
Q: Are combo flash hiders / brakes and flash hiders / comps considered flash hiders?
A: If it reduces flash, it’s a flash hider. The bill is pretty clear about that.
Q: What’s going on with threaded barrels?
A: Threaded barrels are not an evil feature on semi-auto centerfire rifles with detachable mags (but flash hiders are). They are an evil feature on pistols.
Q: Are AR-15 rifles that can accept 5.56x45 mags in the magwell and function with a 5.56x45 upper banned?
A: Unless it’s an HBAR, yes. They are named assault long guns.
Q: Are AK rifles banned?
A: Yes. They are named assault long guns.
Q: Are AR-15 pistols banned?
A: If you have an AR-15 pistol without a threaded barrel, it would not be banned. Note that you cannot transfer AR-15 pistols or pistol lowers in Maryland, except with very limited exceptions as found in the roster.
Q: Are 5.56x45-compatible AR-15 stripped lowers banned?
A: No one is really sure how these will be treated by the MSP. There is a possibility they could be banned; there is also a possibility they could become unregulated.
Q: I have a stripped AR-15 lower. Do I need to build it in a banned configuration before the ban?
A: Issues related to stripped AR-15 lowers are going to depend on MSP interpretation so much that it’s impossible to answer them. We may want to have a friendly delegate request a formal AG opinion if SB218 becomes law.
Q: I have an HBAR AR-15 that I bought as unregulated, but is in a configuration that would be banned (eg, flash hider plus pistol grip). Do I need to register it if SB281 becomes law?
A: If you want to keep it and keep it in that configuration, yes. Another option is to convert it to an unbanned configuration, in which case you would not need to register it (eg, comp+PG+fixed stock).
Otherwise, you can sell/move it out of state. It cannot legally be in your possession after January 1, 2014 and not be registered.
Q: I have a dedicated .22LR AR-15 like the M&P15-22 that can’t accept 5.56x45 magazines. Is it banned?
A: No.
Q: I have a .22LR AR-15 built on a 5.56x45-compatible AR-15 lower. Is it banned?
A: No one’s sure yet. It has a lot to do with the answer to the stripped lowers question. There’s also some ambiguity about what happens if you pin in a Catch22 bolt release (which prevents non-.22LR uppers from functioning with the lower).
Q: Are there any regulated rifles and shotguns if SB281 passes?
A: Nope. The old list of regulated rifles and shotguns get turned into completely-banned “assault long guns”. There’s no provision for regulated transfers of any other rifles or shotguns.
Q: What’s going on with bullet buttons?
A: The way the bill is currently written, no one’s sure. It mentions them explicitly, but in a way that would seem to allow you to use them. Given the other compromises in this bill, this may be intentional.
Q: What’s going on with suppressors?
A: Suppresors per se are not banned, but you may find centerfire rifle with detachable mag hosts harder to come by. Suppressors are flash hiders. Flash hiders are an evil feature on semi-auto centerfire rifles with detachable mags. They are not an evil feature on pistols (but threaded barrels are).
Q: What’s going on with machineguns?
A: Machineguns are exempt from the ban, as it specifies “semiautomatic” weapons. This is thought to be intentional.
Q: What’s going on with SBRs?
A: Rimfire SBRs that use detachable mags should be fine if they’re not in the named list of rifles. Centerfire semi-auto SBRs that use detachable mags may get banned due to OAL issues and/or failing the feature test. It is not currently known how the MSP will interpret certain other laws that interact with this bill. If you want an SBR, file the form 1 or form 4 right now and get it to SBR barrel length or OAL before October 1, 2013. You almost certainly do not have time to do a form 3->form 4 transfer at this point, though.
Q: What’s going on with SBSs?
A: SBSs are not banned, although they may need to be compliant with the feature test. It is not currently known how the MSP will interpret certain other laws that interact with this bill. If you want an SBS that would not be compliant, file the form 1 or form 4 right now and get it to the banned configuration before October 1, 2013. You almost certainly do not have time to do a form 3->form 4 transfer at this point, though.
Q: Can I build an SBR out of a grandfathered gun after the ban comes into effect?
A: This is definitely a grey area. There are competing federal and state standards for what constitutes manufacturing of firearms. I would not assume you could do this.
Q: What’s going on with AOWs?
A: They’re allowed, but they will not override the ban. You need to make sure your AOW is compliant (eg, you can’t have a second handgrip and threaded barrel on the same pistol-based AOW). An example of a compliant AOW would be a Serbu Super Shorty.
I wouldn’t hold my breath on the legislature holding out for too long simply cause the individuals are pro gun. They are first and foremost politicians which means they will sway with the wind. If uncle Obama comes at them with $$$$ or the loss of $$$$ how many will stay true is the question. Each and every one of these elected officials has a weak point and very few have integrity. Not a good combination.
IMO it’s just a matter of time now. Better enjoy your hobbies while you can.
It’d have to be a ton of money/cabinet positions considering the legislature is majority Republican, barely sways below 50/50 the other way, and at least half of the Democrats here are “pro-gun.” He’d have to buy something like 60 votes. Good luck with that.
Not to mention anti-gunners are rare in this state outside of Philly, which is roughly 10% of the population, and anti-gunners often move out of the state for Delaware, Jersey, Maryland, and New York.
We’re the Alabama of the North, and that reputation helps keep the anti-gunners out. It also attracts pro-gunners from neighboring states. Don’t see it happening anytime soon.
I would say we are like the “Alamo” but they lost in the end so lets just start building the wall now and maybe it will be finished by the time the crazy crawls this far.
Hmm. did you forget about your new AG? She is VERY pro AWB and limit on magazine capacity! Appearing on Hardball, Kane came out with this mind-boggler: “I think the people of Pennsylvania would accept a limit on the amount of clips. You know, I believe and I think a lot of people feel the same way that you don’t have a right to go into a classroom and take down a class of children in under a minute.”
She is the one that fucked out of state Florida CCW holders, she prohibited us from carrying in PA. Mayor Nutter of Phila wanted to make his city safer, in my bias opinion the only thing to make that city safer is to spray a sterilization power over the entire city. The goal was to close a loop hole, when Pa residents were denied a permit and then would get one from Florida. Well she screwed the rest of us and I will campaign against her in the next election.
This is the same Kathleen Kane whom claimed she prosecuted over 3,000 cases, but later admitted it was only 24 and is against Pa’s energy industry. From what I read she received the support of unions and of course the Phila area to propel her into the AG office.
Yes. One position. A position that can’t create law. A position that was filled during a presidential election, when Philadelphia democrats actually come to the voting booth. A position where she can talk all she wants, but won’t get anything so long as those ~60 votes that would need to be bought (in the 2nd-largest legislature in the country) exist. A position where she overstepped her bounds and is facing a legal challenge on her Florida out-of-state permit decree. A position where she’s already done all she can, which wasn’t much.
Gun control starts in the legislature, or more appropriately in PA, gun control will die in the legislature. There is no gun control coming to PA anytime soon. Of course, that doesn’t mean we shouldn’t be vigilant, but dear Lord, it’s like people in this thread want PA to go anti-gun.
This state is heavily, heavily pro-gun, and Bloomberg/Obama cannot possibly buy enough votes in the near future to change that. Maybe over time, which we’ll have to fight and stay strong against, but no, not soon. Not even close, especially with all the pro-gun people flocking in from neighboring states and all the anti-gun people flocking out of state.
Anyone got a link to where we can watch the testimonies people have been giving down at the capitol all day? I want to see some of them, heard there were some great ones.
You know I see a lot of Molon Labe hats and patches in the room, yet from the same people I am hearing “run away!”
So which is it?
For your consideration, the Maryland 400:
http://en.wikipedia.org/wiki/Maryland_400
http://marylandsar.org/Maryland_400
No matter where you are in MD you are about 40 miles from another state with lower taxes and better gun laws. Sad but true. That said, I think it is worth “holding the line” for as long as possible.
I already have a shitty commute. It compounded by the drooling hordes driving in from PA, WV, DE, and VA. If MD sucks so bad why are all of these people driving here for work?
If MD sucks so bad why are all of these people driving here for work?
You said yourself why: “No matter where you are in MD you are about 40 miles from another state with lower taxes and better gun laws.”
How difficult is it to understand the difference between working somewhere and living there? Quite obviously if there are better places to live that are freer and still commutable to the place you work, why not have both?
I already have a shitty commute. It compounded by the drooling hordes driving in from PA, WV, DE, and VA. If MD sucks so bad why are all of these people driving here for work?
Odd, MD drivers in VA annoy me all of the time and I never set foot in MD.
For most folks that commute is 2-3 hours each way. 4-6 hours of your life spent in traffic 5 days a week. Hell, that is a part time job.
Rush hour starts a 5am and runs until about 9:30am. It picks up again around 3pm and runs until 7pm - provided there is not rain, snow or an accident.
Most people get spend very little time together as a family. Kids start daycare around 2yo. Most people get home after 7pm then have to get to bed early so they can leave the house around 5-6am. Factor in the cost of gas, car repairs, and daycare I am not sure you are getting a cost savings in lower taxes. And when exactly do you find time to go shooting or fishing when you are living like this? Ok, maybe one day a month on the weekend - maybe.
I avoid NOVA (occupied VA) at all costs. I only go there rarely mostly because my job sometimes requires me to go to Crystal City. Sometimes I go to the NRA HQ. Sometimes I am passing thru to WV where I own land and a cabin. Or sometimes I am traveling further south.