Where Do I Legally Stand With The New Maryland Gun Laws?

Where Do I Legally Stand With The New Maryland Gun Laws?

This is a discussion on Where Do I Legally Stand With The New Maryland Gun Laws? within the General Firearm Discussion forums, part of the Related Topics category; Ok, so Ive been doing research on this for the past few hours but cant find a definite answer anywhere. This is the situation: Im ...

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Thread: Where Do I Legally Stand With The New Maryland Gun Laws?

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    New Member Array Turbo1990's Avatar
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    Where Do I Legally Stand With The New Maryland Gun Laws?

    Ok, so Ive been doing research on this for the past few hours but cant find a definite answer anywhere. This is the situation:

    Im currently active duty military stationed in VA, I purchased my rifle back in in November 2011 when I was living out in town in NC. When I got to my new duty station here in VA I had to live in the barracks so I was storing my rifle at a friends house in MD since September 2012 (from what I researched at the time this was legal to do, please correct me if Im wrong) Unfortunately I deployed shortly after that and have been extremely busy since which is why I havent been able to pick it up. Now I just found out today through research that MD passed a law which "prohibits the possession, sale, offering of sale, transfer, purchase, receipt, or transportation into the state of an assault weapon", which is what my rifle is considered.

    Which kind of leads into my next problem. Both my friend and his father were perfectly fine with me picking it up until this past weekend where they have been completely ignoring my calls and texts. Now I dont want to have to report the weapon as stolen and file charges or whatever has to happen but obviously if they will not return it, its what needs to be done. Where do I legally stand with this mess if I have to file a police report? Is there any laws I violated or would I have been grandfathered in according to Md. Code Ann., Crim. Law § 4-303(b)(3) "A person who lawfully possesses or has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
    Possess and transport the assault long gun or copycat weapon"

    Any help is appreciated, thank you.


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    What kind of rifle?

    If it's an AR, you are definitely in a bizarre shade of grey. If it's something like a hunting rifle, no big deal.


    Either way your "friends" are acting like anything but.


    Edit* I'm guessing since you posted up SB281 that you are talking about an AR or AK. Simplest solution would be have the "friends" drive to VA and give it to you. This may or may not be legal, IANAL. If they keep it unloaded, in a case, locked in the trunk it shouldn't be an issue to transport out of state.

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    Turbo PM imbound.....
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    I don't know if anyone can help you here other then an attorney from Maryland , if the gun is registered to you you may need to get it back for that reason . But if you try to get it back you may have an issue with that . Please keep in mind Maryland will not cut you any slack they will hold your feet to the fire IMO .

    Try to be kind and nice to this so called friend and kiss some butt to get your rifle . Or let them have it , or talk to an attorney . I see these three choices .
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    Make it former friend right now. And its an AK, so yea Im in that grey zone...

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    Quote Originally Posted by welder516 View Post
    They to be kind and nice to this so called friend and kiss some butt to get your rifle . Or let them have it , or talk to an attorney . I see these three choices .
    i'd choose door #3; talk to an attorney
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    Quote Originally Posted by Turbo1990 View Post
    Make it former friend right now. And its an AK, so yea Im in that grey zone...
    IMOP get a lawyer now ... Stuff like this that can lead to said gun being taking by the LEO dont ask guys who are not Lawyers ...

    I assumed this was never resgtiered etc that I see can be a big issue

    Are you sure it is banned in MD? Banned by name or by what fetures .. If just because it has a pistol grip or what not just take that off and take the gun apart then take out of state .. If by name then yeah that could be hard
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
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    Leave a message for your friends reminding them that MSP "frowns" on illegal possession of banned firearms.....

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    Quote Originally Posted by WrongRecroom View Post
    IMOP get a lawyer now ... Stuff like this that can lead to said gun being taking by the LEO dont ask guys who are not Lawyers ...

    I assumed this was never resgtiered etc that I see can be a big issue

    Are you sure it is banned in MD? Banned by name or by what fetures .. If just because it has a pistol grip or what not just take that off and take the gun apart then take out of state .. If by name then yeah that could be hard
    AK's are banned in MD after 10/1/13. No work arounds.
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    New Member Array Turbo1990's Avatar
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    I have the receipt for the original purchase of the rifle as proof of ownership, and its banned by name, all AK variants are banned under the new law

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    roadly, any rifle that has two of three characteristics - folding stock, grenade launcher or flash suppressor — is considered an “assault weapon” and now illegal in Maryland. The statute also makes specific pistols, rifles and, shotguns — “or a copy regardless of the producer or manufacturer” — banned in the “Free State.” They are as follows:


    It sounds like if you just pin the stock if folding and fix it up to be 1994 legal it would be ok .. With a AK pretty easy to do but is it banned by name ? Avtomat Kalashnikov semiautomatic rifle in any format is the only one banned so IANAL but if it was a WSAR etc maybe gray arrea legal ???

    But still get a lawyer MILLER: Here are the 81 specific gun models banned in Maryland - Washington Times
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    TO be frank from reading it sound like a real cluster nut in MD the law is very very gray esp on the whole normal cap mags and on rifles ..

    Good luck man ...
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
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    Quote Originally Posted by WrongRecroom View Post
    roadly, any rifle that has two of three characteristics - folding stock, grenade launcher or flash suppressor — is considered an “assault weapon” and now illegal in Maryland. The statute also makes specific pistols, rifles and, shotguns — “or a copy regardless of the producer or manufacturer” — banned in the “Free State.” They are as follows:


    It sounds like if you just pin the stock if folding and fix it up to be 1994 legal it would be ok .. With a AK pretty easy to do but is it banned by name ? Avtomat Kalashnikov semiautomatic rifle in any format is the only one banned so IANAL but if it was a WSAR etc maybe gray arrea legal ???

    But still get a lawyer MILLER: Here are the 81 specific gun models banned in Maryland - Washington Times
    Nope. Specifically banned by name and their variants.

    You could always have your attorney contact them and tell them the legal ramifications. If that doesn't work you could call MSP but I'd give you 50-50 or less that you get your AK.

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    My only question is at the time 2011 it was a controlled firearm for the state of Maryland. The question is did he violate the law how he brought it into the state, and by leaving it at a friends house, did he infact change possession. Since it was a controlled fire arm at the time for Maryland requiring a 10 day wait this could be a sticky issue. Therefore, by notifying state police the OP may could be admitting to a crime. Again I'm only bouncing this off the forum not preaching it as gospel.
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    Quote Originally Posted by WrongRecroom View Post
    TO be frank from reading it sound like a real cluster nut in MD the law is very very gray esp on the whole normal cap mags and on rifles ..

    Good luck man ...
    The law isn't gray, it sucks, but it isn't gray. If you owned one prior to 10/1/13 it is still legal. If you owned one prior to 10/1/13 it is legal to bring into state (for example if you lost a bet and had to move here) but you would have to register it with MSP.

    The gray area is that the OP purchased his AK prior to 10/1/13 but is not a MD resident but is storing it at the home of a MD resident who is not the owner of said AK.....

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