Offering To Sell an Assault Weapon To An Out Of State Resident

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Is "assault long gun", and/or "assault pistol" defined anywhere in Maryland law?

    Not attacking you, asking out of ignorance.

    Saying an 'assault weapon' is 'an assault long gun', or 'an assault pistol', without defining those is like saying:

    'What's that?'

    'It's an eohippus.'

    'What's an eohippus?'

    'That.'

    MD Criminal Law § 4-301
    (b) Assault long gun. -- "Assault long gun" means any assault weapon listed under § 5-101(r)(2) of the Public Safety Article.

    (c) Assault pistol. -- "Assault pistol" means any of the following firearms or a copy regardless of the producer or manufacturer:
    (1) AA Arms AP-9 semiautomatic pistol;
    (2) Bushmaster semiautomatic pistol;
    (3) Claridge HI-TEC semiautomatic pistol;
    (4) D Max Industries semiautomatic pistol;
    (5) Encom MK-IV, MP-9, or MP-45 semiautomatic pistol;
    (6) Heckler and Koch semiautomatic SP-89 pistol;
    (7) Holmes MP-83 semiautomatic pistol;
    (8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
    (9) Intratec TEC-9/DC-9 semiautomatic pistol in any centerfire variation;
    (10) P.A.W.S. type semiautomatic pistol;
    (11) Skorpion semiautomatic pistol;
    (12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
    (13) UZI semiautomatic pistol;
    (14) Weaver Arms semiautomatic Nighthawk pistol; or
    (15) Wilkinson semiautomatic "Linda" pistol.

    (h) Copycat weapon. --
    (1) "Copycat weapon" means:
    (i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
    1. a folding stock;
    2. a grenade launcher or flare launcher; or
    3. a flash suppressor;
    (ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
    (iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
    (iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
    (v) a semiautomatic shotgun that has a folding stock; or
    (vi) a shotgun with a revolving cylinder.
    (2) "Copycat weapon" does not include an assault long gun or an assault pistol.

    MD Public Safety § 5-101
    (r) Regulated firearm. -- "Regulated firearm" means:
    (1) a handgun; or
    (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:
    (i) American Arms Spectre da Semiautomatic carbine;
    (ii) AK-47 in all forms;
    (iii) Algimec AGM-1 type semi-auto;
    (iv) AR 100 type semi-auto;
    (v) AR 180 type semi-auto;
    (vi) Argentine L.S.R. semi-auto;
    (vii) Australian Automatic Arms SAR type semi-auto;
    (viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;
    (ix) Barrett light .50 cal. semi-auto;
    (x) Beretta AR70 type semi-auto;
    (xi) Bushmaster semi-auto rifle;
    (xii) Calico models M-100 and M-900;
    (xiii) CIS SR 88 type semi-auto;
    (xiv) Claridge HI TEC C-9 carbines;
    (xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;
    (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;
    (xvii) Dragunov Chinese made semi-auto;
    (xviii) Famas semi-auto (.223 caliber);
    (xix) Feather AT-9 semi-auto;
    (xx) FN LAR and FN FAL assault rifle;
    (xxi) FNC semi-auto type carbine;
    (xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
    (xxiii) Steyr-AUG-SA semi-auto;
    (xxiv) Galil models AR and ARM semi-auto;
    (xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;
    (xxvi) Holmes model 88 shotgun;
    (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;
    (xxviii) Manchester Arms "Commando" MK-45, MK-9;
    (xxix) Mandell TAC-1 semi-auto carbine;
    (xxx) Mossberg model 500 Bullpup assault shotgun;
    (xxxi) Sterling Mark 6;
    (xxxii) P.A.W.S. carbine;
    (xxxiii) Ruger mini-14 folding stock model (.223 caliber);
    (xxxiv) SIG 550/551 assault rifle (.223 caliber);
    (xxxv) SKS with detachable magazine;
    (xxxvi) AP-74 Commando type semi-auto;
    (xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;
    (xxxviii) Street sweeper assault type shotgun;
    (xxxix) Striker 12 assault shotgun in all formats;
    (xl) Unique F11 semi-auto type;
    (xli) Daewoo USAS 12 semi-auto shotgun;
    (xlii) UZI 9mm carbine or rifle;
    (xliii) Valmet M-76 and M-78 semi-auto;
    (xliv) Weaver Arms "Nighthawk" semi-auto carbine; or
    (xlv) Wilkinson Arms 9mm semi-auto "Terry".
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Thank you.

    Very clear.


    (15) Wilkinson semiautomatic "Linda" pistol.

    But who is this 'Linda' :)

    https://www.wilkinsonarms.com/History_ep_42-1.html

    The pistol version of "Terry"

    or maybe her

    e15974_linda_f_thumbnail.jpg


    Apparently Diane and Sherry were OK.
     

    Samlab

    Active Member
    Feb 14, 2018
    192
    Down by the riverside
    Back to your question. Yes you can list your rifle and sell it. Your transfer dealer in Maryland takes possession and ships it to the purchasers FFL in the state where they reside. That dealer will 4473 the transfer and then prior to that enter it into his bound book. I'd be happy to do your transfer if you decide to move your rifle. It's easy and not complicated.
     

    My Toy

    Ultimate Member
    Jul 31, 2008
    1,194
    Westminster
    Back to your question. Yes you can list your rifle and sell it. Your transfer dealer in Maryland takes possession and ships it to the purchasers FFL in the state where they reside. That dealer will 4473 the transfer and then prior to that enter it into his bound book. I'd be happy to do your transfer if you decide to move your rifle. It's easy and not complicated.

    After you list your modern sporting rifle and aquire a buyer in another state where it is not verboten - why do you need a transfer dealer in MD? Why can’t you just ship it UPS/USPS to the FFL in the buyer’s state? I know this is routinely done for all other classes of long guns - why is this different as long as you are disposing of it to a state where it is legal?

    If you can’t sell a modern sporting rifle that is on MD’s bad list to a Marylander how else can you dispose of it other than turn it in to the Authorities for destruction. I’m not trying to be flippant but what am I missing here?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    The Answer to the OP's Question is ...... There Isn't an answer .

    Not trying to be a smartalec or make jokes .

    The statute as written in this specific is vague and ambiguous , and can not be definitely understood from its text .

    There is no case law , AG Opinion , nor MSP Guidence Letter . It would be severely Unwise to seek AG or MSP opinions

    Could be opine about the likelihood of such hypothetical course of action being charged , or prosecuted , or convicted ? Sure we can .

    Could I spitball several scenarios that would be unquestionably Md Compliant , cause your rifle to aquire a new forever home , and you recieve some amount of $$ in your pocket ? Yeah
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    Re : Post #19 - It's not that we're ignoring reality . We're the ones refusing to play along with the other side's ignoring reality .
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    So we should deny reality? That seems like a very liberal thing to do.

    Reality , is only their reality . Md. and that new nominee for ATF are f-ing morons .

    They will use everything as a assault weapon , i hate their thoughts on about everything . But they are winning the war on words we are barely winning here in Md.
     

    eruby

    Confederate Jew
    MDS Supporter
    Back to your question. Yes you can list your rifle and sell it. Your transfer dealer in Maryland takes possession and ships it to the purchasers FFL in the state where they reside. That dealer will 4473 the transfer and then prior to that enter it into his bound book. I'd be happy to do your transfer if you decide to move your rifle. It's easy and not complicated.
    Not 100% clear, at Maryland Law.



    Glad someone actually answered the question...
    Who? Samlab?

    [Doc Holliday] I beg to differ sir [/Doc Holliday]



    After you list your modern sporting rifle and aquire a buyer in another state where it is not verboten - why do you need a transfer dealer in MD? Why can’t you just ship it UPS/USPS to the FFL in the buyer’s state? I know this is routinely done for all other classes of long guns - why is this different as long as you are disposing of it to a state where it is legal?

    If you can’t sell a modern sporting rifle that is on MD’s bad list to a Marylander how else can you dispose of it other than turn it in to the Authorities for destruction. I’m not trying to be flippant but what am I missing here?
    You can sell it to a MD FFL, or an out-of-state FFL.

    Or me. :innocent0



    The Answer to the OP's Question is ...... There Isn't an answer .

    Not trying to be a smartalec or make jokes .

    The statute as written in this specific is vague and ambiguous , and can not be definitely understood from its text .

    There is no case law , AG Opinion , nor MSP Guidence Letter . It would be severely Unwise to seek AG or MSP opinions

    Could be opine about the likelihood of such hypothetical course of action being charged , or prosecuted , or convicted ? Sure we can .

    Could I spitball several scenarios that would be unquestionably Md Compliant , cause your rifle to aquire a new forever home , and you recieve some amount of $$ in your pocket ? Yeah
    ^^ This, exactly


    No kidding.
    Who answered it?
     

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