Maryland Laws for Non-Residents for Banned Rifles

[cclaxton]

*This is not legal advice*

I spoke with an officer at the Maryland State Police Licensing Division and I was asking about going to Thurmont Conservation and Sportsmens Club in Thurmont, MD from Virginia to practice with my new Stag 3G Rifle, which is a banned rifle as of Oct 2013 in Maryland.

She told me that all new restrictions are only for Maryland residents.

As long as you are legally entitled to possess the "Maryland banned rifle" in your home State, then you are allowed to take it to a legal shooting range in Maryland for competition or practice. When transporting the rifle, it must be unloaded, ammunition separate and in the trunk or rear of the vehicle. Also, high capacity magazines are allowed for non-residents, but you just can't sell or give one to a Maryland resident. FYI, Maryland residents appear to be able to drive to another State and buy high capacity magazines legally. (During my research I found this in the Maryland Police documents.)

Also, you can stop for lunch/dinner and gas without violating the law. I didn't ask about staying overnight since I live in the area.

And, of course, Title 18 allows you to drive through the State with your legal rifles/mags, subject to the well-known Title 18 requirements.

FYI, for Handguns same rules are in place, but since they didn't ban any handguns (Only AR-style pistols), then the law didn't affect handguns. High Capacity mags are allowed for competition and practice.

I am glad because it means I can shoot my new Stag 3G as soon as I get it. I have a Burris 1-5x24 on order, due in late April to go on it for 3gun.

Thanks,
Cody

[TGS]

I am glad because it means I can shoot my new Stag 3G as soon as I get it.

Ahh, yes, we're so thankful for the benevolence of our dear leaders.

[LittleLebowski]

It's more than a little bipolar that you can take weapons banned in MD to MD and use them......

[joshs]

It's more than a little bipolar that you can take weapons banned in MD to MD and use them......

That's because you can't:

"Except as provided in subsection (b) of this section, a person may not: (1) transport an assault weapon into the State; or(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon." Md. Code Ann. Crim. Law § 4-303(a).

I'm not aware of an applicable exception (unless you owned the "assault weapon" before October 1, 2013 and the OP admittedly didn't), and I would not travel into Maryland with an "assault weapon" without a clear exception that I could point to in the law.

This post is not legal advice and it is not meant to create or infer an attorney-client relationship.

[cclaxton]

It's more than a little bipolar that you can take weapons banned in MD to MD and use them......
It is very odd...and a little bit funny. The other weird thing: IF you bought a banned weapon before Oct 2013, it's perfectly legal.

I have a friend that calls these kinds of laws "symbolic laws" that don't actually do anything to solve a problem, but make the politicians look like they did something about it. IMHO, the only benefit to the law is that it requires citizens to get more training.

Cody

[cclaxton]

That's because you can't:

"Except as provided in subsection (b) of this section, a person may not: (1) transport an assault weapon into the State; or(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon." Md. Code Ann. Crim. Law § 4-303(a).

I'm not aware of an applicable exception (unless you owned the "assault weapon" before October 1, 2013 and the OP admittedly didn't), and I would not travel into Maryland with an "assault weapon" without a clear exception that I could point to in the law.

This post is not legal advice and it is not meant to create or infer an attorney-client relationship.
Josh,
That is why I called Maryland State Police...because of what I saw in the Statutes. I also sent the request in writing. I will pursue that so that I have their response in writing. But I asked her about this very specifically because of the way the Statutes are written, and she said she gets this question all the time and that is the answer she has been told to give.

It may have to do with the applicability of the Statute...applying only to Maryland State Residents.

Once I get the written response, I will post it here.
Cody

[joshs]

Josh,
That is why I called Maryland State Police...because of what I saw in the Statutes. I also sent the request in writing. I will pursue that so that I have their response in writing. But I asked her about this very specifically because of the way the Statutes are written, and she said she gets this question all the time and that is the answer she has been told to give.

It may have to do with the applicability of the Statute...applying only to Maryland State Residents.

Once I get the written response, I will post it here.
Cody

The definition of "person" isn't limited to residents. “'Person' means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity." Md. Code Ann., Crim. Law § 1-101.

I would be very hesitant to trust any response that does not include a citation a clear exception to the prohibition in Md. Code Ann. Crim. Law § 4-303(a).

This post is not legal advice and it is not meant to create or infer an attorney-client relationship.

[Byron]

That is why I called Maryland State Police...because of what I saw in the Statutes.
I am curious to see the eventual written response, but I would be extremely cautious trusting anything they say over the phone.

I say that with no intended disrespect towards the Maryland State Police. It's just that I know from personal experience that you don't always get someone on the line who actually knows the law. From a previous thread:


I had some very frustrating conversations with the Maryland State Police after my father died back in 2008.


"I've just inherited a number of firearms from my father. What paperwork do I need to complete?"
"Well, both parties of a transfer need to come in to the barracks. You will fill out form..."
"Thank you. I do understand the process for a standard transfer, but I cannot bring any other party to your barracks, as I have inherited these firearms."
"If you cannot bring in the other party, you cannot transfer firearms."
[Trying really hard to remain calm and polite] "My father is dead. He just recently died. I want to make sure I am following the law."
[Awkward pause. No response.]
"Since my father is dead, I cannot bring him in to fill out forms. Please tell me what I need to do in this case."
"Sir, your father is dead?!"
"Yes. Dead."
"So where are the firearms [I]right now, sir?"

[cclaxton]

I also reached out to my LE friends in Maryland to see if they can get to the bottom of the exception, if one exists. There are often Maryland State Enforcement documents that LE uses to understand the enforcement aspects of the laws, and it may be in those documents that are, as yet, unpublished.
Cody

[5pins]

Joshs, where are you getting that reading of the law? The one I’m seeing talks about assault pistols.

http://law.justia.com/codes/maryland/2005/gcr/4-303.html

§ 4-303.
(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault pistol into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault pistol.
(b) A person who lawfully possessed an assault pistol before June 1, 1994 and who registered the assault pistol with the Secretary of the State Police before August 1, 1994 may continue to possess the assault pistol.

[joshs]

Joshs, where are you getting that reading of the law? The one I’m seeing talks about assault pistols.

http://law.justia.com/codes/maryland/2005/gcr/4-303.html

§ 4-303.
(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault pistol into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault pistol.
(b) A person who lawfully possessed an assault pistol before June 1, 1994 and who registered the assault pistol with the Secretary of the State Police before August 1, 1994 may continue to possess the assault pistol.

That's the section prior to being amended by SB 281 last year. To see the changes you can access the bill here: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf

[Kyle Reese]

If you ask five MSP troopers about this law, chances are you'll get five different answers. When dealing with firearms, proceed with extreme caution in Maryland.

[TR675]

No disrespect meant to any police officer by this next statement, because I know many excellent officers who know the law to a T, and much better than I.

But.

Do not rely on law enforcement - local, state or federal - for legal guidance or a correct interpretation of the law. "Officer Friendly said I could" is not a defense.

Don't do it. Read the statutes, use your brain, and consult a lawyer before you go traipsing around a ban state with banned guns.

[cclaxton]

I sent a letter to the Attorney Generals' office telling them that the Md State Police is either giving out incorrect information OR there is an exception or other law that would allow non-residents to transport banned firearms for legal sporting purposes. And, we can't find that reference, if it exists. I found Maryland Shall Issue's site to be somewhat helpful. https://marylandshallissue.com/faqs/ I joined..only $20/yr.
Cody

[TGS]

No disrespect meant to any police officer by this next statement, because I know many excellent officers who know the law to a T, and much better than I.

But.

Do not rely on law enforcement - local, state or federal - for legal guidance or a correct interpretation of the law. "Officer Friendly said I could" is not a defense.

Don't do it. Read the statutes, use your brain, and consult a lawyer before you go traipsing around a ban state with banned guns.

Sheesh. Let's not pull any punches, here.......even my gun nut friends in LE don't know what the hell they're talking about.

[cclaxton]

Sheesh. Let's not pull any punches, here.......even my gun nut friends in LE don't know what the hell they're talking about.

Well, Maryland is not New Jersey...at least...not yet.
Cody

[TGS]

Well, Maryland is not New Jersey...at least...not yet.
Cody

Come again?

Also, I have friends in LE throughout the country at the local, state and federal level. So, this isn't really an issue of being confined to NJ, as you're implying.

[cclaxton]

Come again?

Also, I have friends in LE throughout the country at the local, state and federal level. So, this isn't really an issue of being confined to NJ, as you're implying.

Don't get me wrong...and please don't take offense. Law Enforcement gets things wrong and they can't know the intricacies of all the laws. That is equal opportunity for misunderstanding the laws. But NJ does have a reputation of being over-zealous enforcing some of their gun and ammo laws. Maryland is not playing at that level. That is all I was saying.
Cody

[DGI]

If you ask five MSP troopers about this law, chances are you'll get five different answers. When dealing with firearms, proceed with extreme caution in Maryland.

This is exactly what the issue with these laws are.

The "details" werent ironed out until the law took effect, and most of it was developed afterwards.

I can buy banned magazines out of state and legally return home and use them for competition and practice. I've even gotten the OK from various MSP officers and higher ups to carry them (not that I trust that). Technically however, when at the range, if I were to hand a friend my pistol with that magazine for them to shoot, I'd be breaking the law? Again some say so, others disagree.

"Assault Weapons" are banned but I can easily go into any gun shop and buy a Colt H-bar or LWRC REPR or any heavy barreled rifle. :rolleyes:

The biggest idiots that make the loudest noise and most ridiculous promises to the dumbest voters get in office then fuck it up for the rest of us.

[DocGKR]

The Maryland Law is a cluster of illogical stupidity...

[TGS]

Don't get me wrong...and please don't take offense. Law Enforcement gets things wrong and they can't know the intricacies of all the laws. That is equal opportunity for misunderstanding the laws. But NJ does have a reputation of being over-zealous enforcing some of their gun and ammo laws. Maryland is not playing at that level. That is all I was saying.
Cody

Gotcha.

I dont think its any zeal as it is the laws being convoluted, as you noted. We cant expect cops to enforce these laws correctly when specialized lawyers are needed to read them. Not even regular lawyers will touch them.

[cclaxton]

This is exactly what the issue with these laws are.

The "details" werent ironed out until the law took effect, and most of it was developed afterwards.

I can buy banned magazines out of state and legally return home and use them for competition and practice. I've even gotten the OK from various MSP officers and higher ups to carry them (not that I trust that). Technically however, when at the range, if I were to hand a friend my pistol with that magazine for them to shoot, I'd be breaking the law? Again some say so, others disagree.

"Assault Weapons" are banned but I can easily go into any gun shop and buy a Colt H-bar or LWRC REPR or any heavy barreled rifle. :rolleyes:

The biggest idiots that make the loudest noise and most ridiculous promises to the dumbest voters get in office then fuck it up for the rest of us.

As I have said before: This was a symbolic law and will have little to no effect on actually reducing gun violence. But the politicians can say they did *something.* It might reduce a few ND's for newbies because of the better training classes.
Cody

[rsa-otc]

The Maryland Law is a cluster of illogical stupidity...

NJ's is no better.

[rsa-otc]

As I have said before: This was a symbolic law and will have little to no effect on actually reducing gun violence. But the politicians can say they did *something.* It might reduce a few ND's for newbies because of the better training classes.
Cody

No doubt. But that symbolic law will put you in jail real quick.

[cclaxton]

Here is the reply from the Attorney General, word for word. I would want to have a copy of the receipt showing it was purchased prior to Oct 1, 2013, and a copy of this email.
Cody

Mr. Claxton,


Handguns may be transported in a vehicle in Maryland, "in connection with a target shoot, formal or informal target practice, sport shooting event, hunting and similar functions -- provided that the handgun is unloaded and carried in an enclosed case or enclosed holster during transport." Section 4-203(b)(4), Criminal Law Article, Annotated Code of Maryland.


"A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may continue to possess and transport the assault pistol . . . ." Criminal Law Article, Section 4-303(b)(1)(i).


Long guns that are not "assault weapons" may be transported in vehicles, provided that they are unloaded.


A person may possess and transport an assault long guns or "copycat weapon" in Maryland if the person "lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013 . . . ." Criminal Law Article, Section 4-303(b)(3)(i).


Section 4-305(b) of the Criminal Law Article prohibits the "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." The statute does not prohibit possession or transportation.


Mark H. Bowen
Assistant Attorney General

[steve]

Here is the reply from the Attorney General, word for word. I would want to have a copy of the receipt showing it was purchased prior to Oct 1, 2013, and a copy of this email.
Cody

Mr. Claxton,


Handguns may be transported in a vehicle in Maryland, "in connection with a target shoot, formal or informal target practice, sport shooting event, hunting and similar functions -- provided that the handgun is unloaded and carried in an enclosed case or enclosed holster during transport." Section 4-203(b)(4), Criminal Law Article, Annotated Code of Maryland.


"A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may continue to possess and transport the assault pistol . . . ." Criminal Law Article, Section 4-303(b)(1)(i).


Long guns that are not "assault weapons" may be transported in vehicles, provided that they are unloaded.


A person may possess and transport an assault long guns or "copycat weapon" in Maryland if the person "lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013 . . . ." Criminal Law Article, Section 4-303(b)(3)(i).


Section 4-305(b) of the Criminal Law Article prohibits the "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." The statute does not prohibit possession or transportation.


Mark H. Bowen
Assistant Attorney General

Thanks for writing to them. That letter is nice to have.