HB 638 Untraceable & Undetectable Firearms

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,827
    Bel Air
    I've always serialized and marked my 80% lowers with my name and city/State. Not that I want to comply with MD, I just don't want my expensive gun stolen and be completely unmarked....
     

    Engine4

    Curmudgeon
    MDS Supporter
    Dec 30, 2012
    6,996
    I've always serialized and marked my 80% lowers with my name and city/State. Not that I want to comply with MD, I just don't want my expensive gun stolen and be completely unmarked....

    OU812?

    O'Malley sucks?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,827
    Bel Air
    OU812?

    O'Malley sucks?

    LOL. Should have. All my initials followed by numbers. Maybe I’ll do some more with some witty models and serials.

    Hope my friend has to register his.
     

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    ohen cepel

    Ultimate Member
    Feb 2, 2011
    4,513
    Where they send me.
    The record log requirement needs a lot more clarity in of itself.

    Written on a bar napkin? Is it something they can come check and if so how/when? Digital version OK?

    I'm not an 80% guy but this is bad law to put it mildly.
     
    I don't see the requirement that FFL must do the engraving / serial number. Only that the serial number must meet the same requirements.

    Looks like you can assign your own serial number and must keep a log of it.

    I suspect that is why the requirement of name and address and serial number - so that the gun can be traced back to who made it.

    Looks like the maker gets to be the first person contacted if the gun turns up somewhere it shouldn't. That is, the maker must now take on some of the responsibility of a FFL07.

    It can't be transferred to anyone else except family or LEO.

    The part that amuses me is the "unfinished receiver".

    So we have to get out beer cans serialized?

    what would the purpose of said log be if the person who owns the firearm and engraves the firearm keep the log? No that's not the intent of what they're saying here. They are clearly indicating that the engraving needs to be at least logged by an FFL if not engraved by them. Neither of which is covered under the scope of their federal firearms license. In fact I'm fairly certain that as the law is written right now that would be a violation of federal gun statute.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,713
    Howard County
    You understand the purpose of bills like this.

    It's not to protect the public from anyone or anything.

    It IS to manufacture as many criminals out of lawful citizens as quickly as possible.

    So the pols can say they "did something" and collect their fat campaign contributions from lobbying entities.

    To quote an OP: "No criminals will be harmed by this legislation."

    “If the opposition disarms, well and good. If it refuses to disarm, we shall disarm it ourselves.” (Joseph Stalin) Coming to our country soon...
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    what would the purpose of said log be if the person who owns the firearm and engraves the firearm keep the log? No that's not the intent of what they're saying here. They are clearly indicating that the engraving needs to be at least logged by an FFL if not engraved by them. Neither of which is covered under the scope of their federal firearms license. In fact I'm fairly certain that as the law is written right now that would be a violation of federal gun statute.

    As I read it they want you to engrave a serial number to atf specs and keep a record on any post 1968 builds before the cutoff. Afterwards any other “unfinished receiver” must be serialized and logged by a FFL. I see problems with this. Please don’t expect any of these proposed laws, or current laws to make sense. This is Maryland.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    what would the purpose of said log be if the person who owns the firearm and engraves the firearm keep the log? No that's not the intent of what they're saying here. They are clearly indicating that the engraving needs to be at least logged by an FFL if not engraved by them. Neither of which is covered under the scope of their federal firearms license. In fact I'm fairly certain that as the law is written right now that would be a violation of federal gun statute.

    As posted upthread, this is true for anything built after 1/1/2022.

    For anything built before that, the person making it does the engraving and keeps the log.

    At least that is my interpretation.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,724
    As posted upthread, this is true for anything built after 1/1/2022.

    For anything built before that, the person making it does the engraving and keeps the log.

    At least that is my interpretation.

    Mine as well. As much as legal language can suck, this is fairly clear on pre/post.

    You serialize and you record keep on anything made before 1/2022. After than an FFL must. I am sure the record keeping is as much so if it is lost/stolen/turns up the police can ask to check your record and tell them when you made it. Since you can’t sell or transfer it to anyone, it’s not like it has any real use like a manufacturer or importer’s log book would where you can trace it to the FFL. Then FFL to next owner. etc.

    I’d imagine one more “you’ve been naughty” thing to check if they ever take your guns. “Gee we see you have a few “ghost guns” and no record that you built them.

    Would make more sense if you CAN transfer the gun and if you do, you are required to turn over a copy of the record to MSP.
     

    Kicken Wing

    Snakes and Sparklers
    Apr 5, 2014
    868
    WASH-CO
    Mine as well. As much as legal language can suck, this is fairly clear on pre/post.

    You serialize and you record keep on anything made before 1/2022. After than an FFL must. I am sure the record keeping is as much so if it is lost/stolen/turns up the police can ask to check your record and tell them when you made it. Since you can’t sell or transfer it to anyone, it’s not like it has any real use like a manufacturer or importer’s log book would where you can trace it to the FFL. Then FFL to next owner. etc.

    I’d imagine one more “you’ve been naughty” thing to check if they ever take your guns. “Gee we see you have a few “ghost guns” and no record that you built them.

    Would make more sense if you CAN transfer the gun and if you do, you are required to turn over a copy of the record to MSP.

    "You've been naughty". I remember you from Naptown last year. I was pretty sure that was you when you first posted. You gave it away with the naughty list comment. Good to hear from you!

    I need to weed through this bill and take notes. I have not put it under the microscope. There are gray areas for sure.
     

    Growler215

    Ultimate Member
    Dec 30, 2020
    2,408
    SOMD
    I too read it that prior to 1 Jan 2022 you engrave it (or have it engraved) and keep a log of serial numbers. I'm thinking FU MGA 001, FU MGA 002, FU MGA 003, etc. CAL: MULTI

    A pita but doable I guess. To me it's still prudent to have an 80% lower for each stripped lower I've bought in MD, since there are 77R's associated with the stripped lowers and there won't be for any 80% lowers purchased before 2022 (engraved in 2021 or not) if this passes as written. When they come for the rifles and pistols made from stripped lowers, they're getting stripped lowers back. At most. Unless I lost them in a boating accident....

    I also noticed the not being able to sell a firearm you've made language, which is currently legal under federal law as long as you didn't manufacture the firearm with the intent to sell it, but I guess this was written under the assumption that the veto on prohibiting non-FFL long gun sales will be overturned. I suppose FFLs can't really transfer privately serialized firearms.

    I also read this bill to make it illegal to sell an 80% lower/receiver to anyone without a hql as soon as the bill is inacted unless they are exempt. This makes little sense since a hql isn't required to buy a completed stripped lower currently or after the bill is inacted the way it's written. It will make it harder to get anything mail order.
     

    THier

    R.I.P.
    MDS Supporter
    Dec 3, 2010
    4,998
    Muscleville
    Federal regs for markings state that the print size must be no smaller than 1/16", and engraving depth no less than 0.003". See 27 CFR § 478.

    Those regs don't require full address, just city and state. If MD makes for stricter requirements for firearms such as full manufacturer address, large numbers of commercial firearms that are marked to ATF requirements would potentially become illegal in MD, if the bill becomes law.

    How coincidental, and convenient, almost like it was planned that way. They aren't banning firearms, just those the manufacturer refuses, or can't comply. "You can have any firearm you'd like" "as long as it has the complete Webster dictionary engraved on it" says the state of Maryland.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    How coincidental, and convenient, almost like it was planned that way. They aren't banning firearms, just those the manufacturer refuses, or can't comply. "You can have any firearm you'd like" "as long as it has the complete Webster dictionary engraved on it" says the state of Maryland.
    You're giving them way too much credit. The MGA has consistently demonstrated they don't really know how federal firearms,laws work. All of this is going to be news to them.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,147
    Anne Arundel County
    You're giving them way too much credit. The MGA has consistently demonstrated they don't really know how federal firearms,laws work. All of this is going to be news to them.

    Wholeheartedly agree. Most of MGA isn't mentally capable of conspiratorial cunning or attention to even obvious detail.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    While all of this bothers me, the unfinished receiver baffles me.

    What is an unfinished receiver? An "80%"? A "5%"? A bunch of unmelted beer cans? Dirt? All can be "unfinished", just takes varying amounts of effort to finish it.
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    What a shit show. They really are trying to make it something that current owners won't go apeshit about: grandfather it in with a requirement that the owner/maker must mark it and record it, but nothing more (I reviewed the bill text - there is no requirement until 2022 that the markings be made or logged by an FFL). That little Trojan Horse may well be enough to sneak this through. I'm sure a large number of current owners will take the easy route of shrugging their shoulders and say "well, it doesn't impact me in any meaningful way, so I can live with it."

    .... Until in the 2022 session or after they make a requirement that everyone register such guns. Now you have an item with your name and city on it, which can't be obliterated, and if it turns up in your possession unregistered you get bent over by the .gov overlords. Like I said, this is bad not just for what it does, but for the fact that a lot of homemade owners will shrug and ignore it.

    On the other end of the spectrum is the ammunition NICS check right out of California, which is just a train wreck. All. The. Way. Around.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    This will ban all firearms that does not have a commercial manufacturer. My most prized home made firearms cannot be bought, they must be made from scratch, no 80% or "blanks" are available.
     

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