Own Banned AR Purchased Prior to 2013, but no Receipt

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  • lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Why? If purchased legally in another state, what difference does it make to MD whether it was bought in 2020 or 2000? If it's a "banned" platform now in MD, then it needs to be registered either way. It's not like he bought it to skirt MD rules...he probably had no idea he was moving to MD when he got that gun.

    What matters is the law says if you owned it before October of 2013 than you are grandfathered in to legal possession in Maryland. If you did not, you may not bring it in to the state. The law doesn’t say “only Maryland residents” or anything like that.

    If you are a non-resident and establish residency, ALL regulated firearms, which includes banned firearms must be registered within 90 days of establishing residency. PS, Maryland law doesn’t say all guns in the state. It says all of your regulated firearms. All I would say to that is don’t bring something in later you forgot to register within the 90 days.

    So that’s what it has to do with it. If you owned it starting after October of 2013 Maryland considers your possession within the borders of the state as illegal whether you try to register it or not.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    You don’t need documentation, you legally owned it before 2013. Just register it and be done with it. No need for anything else.


    Sent from my iPhone using Tapatalk

    This. I am not aware of MSP ever asking for documentation to prove you owned it prior to some date. Since you’d be residing in Maryland, it might not hurt to try to get that letter from the gifter and just keep it in your records just in case some day. But I doubt you’d ever need it.

    But one of those don’t play stupid games. You aren’t suggesting to so don’t think that’s why I am saying it, but don’t bring in banned firearms that you didn’t own prior to October 2013. And especially don’t bring in banned firearms that weren’t even made before October 2013 and you are old enough it doesn’t matter, but alternately don’t bring in firearms pre October 2013 if you weren’t legally old enough to possess them prior to October 2013. That last one would be a state law question of the state you were residing in at the time. For example, Maryland has long banned possession of regulated firearms by those under 21 without being in the actual presence of the owner.

    Which means a parent couldn’t legally gift a pencil barreled AR or receiver to their 10 year old in October of 2013 or whatever. As the child wouldn’t be the legal possessor (even if they can own it. With guns, crap gets complicated).

    Some states have vaguely similar laws on firearms possession and what not. Some don’t really have any laws about it and a 10 year old could own an AK-47, or Glock 19 or whatever. Though they’d need to be gifted the firearms (because federal law).

    Most people I’ve ever heard of being charged with illegal firearm possession over banned firearm they got hemmed up by some other crimes that lead to the discovery and charges on the “assault weapons” or whatever. Sometimes it’s stupidly minor charges like drag racing and then some 19 year old is found with a pencil barreled AR-15 in the trunk of their car (the case I am thinking io, they would have been 13 when the law changed in Maryland).
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,280
    You don’t need documentation, you legally owned it before 2013. Just register it and be done with it. No need for anything else.


    Sent from my iPhone using Tapatalk
    This is the correct answer to your question.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Why? If purchased legally in another state, what difference does it make to MD whether it was bought in 2020 or 2000? If it's a "banned" platform now in MD, then it needs to be registered either way. It's not like he bought it to skirt MD rules...he probably had no idea he was moving to MD when he got that gun.

    Because if it is a banned rifle, purchased after Sept 30, 2013, it cannot be legally brought into the state.

    Even to just go to the range.
     
    You don’t need documentation, you legally owned it before 2013. Just register it and be done with it. No need for anything else.


    Sent from my iPhone using Tapatalk


    This. I am not aware of MSP ever asking for documentation to prove you owned it prior to some date. Since you’d be residing in Maryland, it might not hurt to try to get that letter from the gifter and just keep it in your records just in case some day. But I doubt you’d ever need it.

    But one of those don’t play stupid games. You aren’t suggesting to so don’t think that’s why I am saying it, but don’t bring in banned firearms that you didn’t own prior to October 2013. And especially don’t bring in banned firearms that weren’t even made before October 2013 and you are old enough it doesn’t matter, but alternately don’t bring in firearms pre October 2013 if you weren’t legally old enough to possess them prior to October 2013. That last one would be a state law question of the state you were residing in at the time. For example, Maryland has long banned possession of regulated firearms by those under 21 without being in the actual presence of the owner.

    Which means a parent couldn’t legally gift a pencil barreled AR or receiver to their 10 year old in October of 2013 or whatever. As the child wouldn’t be the legal possessor (even if they can own it. With guns, crap gets complicated).

    Some states have vaguely similar laws on firearms possession and what not. Some don’t really have any laws about it and a 10 year old could own an AK-47, or Glock 19 or whatever. Though they’d need to be gifted the firearms (because federal law).

    Most people I’ve ever heard of being charged with illegal firearm possession over banned firearm they got hemmed up by some other crimes that lead to the discovery and charges on the “assault weapons” or whatever. Sometimes it’s stupidly minor charges like drag racing and then some 19 year old is found with a pencil barreled AR-15 in the trunk of their car (the case I am thinking io, they would have been 13 when the law changed in Maryland).

    This is the correct answer to your question.

    100% correct.
    We can end this thread now.
     

    lemmdus

    Active Member
    Feb 24, 2015
    380
    Honestly I wouldn't say ANYTHING! Why borrow trouble? No one is going to ask you if its registered and God forbid something bad happens with it, it will be the least of concerns.
     

    ThePirate

    Active Member
    May 26, 2010
    108
    Ringgold area
    .

    The burden is on the state to prove you didn't own it before '13. Not on you to prove you did.

    Good luck with this. The burden of proof is never on the state. They will just ask you for the document to prove you owned before 13 and the ball will now be in your court.
     
    Last edited:

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Honestly I wouldn't say ANYTHING! Why borrow trouble? No one is going to ask you if its registered and God forbid something bad happens with it, it will be the least of concerns.

    Uhhhh...on your last, if the OP wasn't the one doing something bad with it how is that the least of his concerns? If it isn't registered and should have been, that is a misdemeanor with a penalty of up to 5 years in prison and a $10,000 fine.

    And you can bet the state is going to come after the OP.

    And a little easier to tell being a Bushmaster, which are banned by name. Oh, sure could be grandfathered and having been a resident all this time. But it isn't THAT hard to do the detective work to notice that the person became a resident recently enough that it should have been registered. And wasn't.

    The why do anything thing is in case the rifle is ever stolen, lost, fire, selling it later, don't ever want to chance a traffic stop and search, etc. Because if any of those happened, you'll have wished you'd complied with the law, no matter how much you might dislike it.

    The lost/stolen, I mean, you COULD just not report it. But if police do trace it back to you (and they might, if the buddy he bought it from had gotten it from an FFL. Or even if he hadn't, if the owner before his buddy has his buddy's info and the buddy points the finger at the OP...) now you are facing failure to register AND failing to report a lost or stolen firearm. Yay! Two crimes!

    Will anything ever happen. Meh, probably not. I'd bet there are at least tens of thousands of Maryland residents who didn't register firearms when moving to Maryland either because they don't know the law or probably as likely just choose not to comply with it. I don't hear about thousands of cases a year. So even over 50+ years, yeah, probably your odds are low of getting caught.

    But man it would suck to become a prohibited person 100% for sure if caught (unless the DA decides to drop the case). Not sure its a crime you could get expunged later. So you might never be able to get your firearm rights back. And likely face thousands of dollars in legal fees, possible fines and at a guess as a first time offender if you didn't do anything else wrong, might face a few months in jail and a few years probation. Maybe loss of your job. Could be loss of your marriage and limited/no parental rights depending on if you are married and have kids and how your spouse might feel about all of it.

    Low chance of getting caught, really high penalties (even if you don't get anything like the max) if you do. It isn't like its a $100 fine if you get caught. Its the life changing (in a really bad way) kind of outcome if you did.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,691
    But man it would suck to become a prohibited person 100% for sure if caught (unless the DA decides to drop the case). Not sure its a crime you could get expunged later. So you might never be able to get your firearm rights back. And likely face thousands of dollars in legal fees, possible fines and at a guess as a first time offender if you didn't do anything else wrong, might face a few months in jail and a few years probation. Maybe loss of your job. Could be loss of your marriage and limited/no parental rights depending on if you are married and have kids and how your spouse might feel about all of it.

    Low chance of getting caught, really high penalties (even if you don't get anything like the max) if you do. It isn't like its a $100 fine if you get caught. Its the life changing (in a really bad way) kind of outcome if you did.


    Leave it to the MD General Assembly to create a route to ruin lives with a law that does nothing toward increasing public safety or reducing criminal behavior, but instead makes criminals out of the would-be law-abiding.

    Look to the person standing on your left, and the person on your right. They're both good with this. In Maryland, 2/3 of the population votes Democrat.
     

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