A Personal Visit from the MD State Police…

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  • OldLawman

    Member
    Oct 18, 2011
    36
    Catonsville
    The only reason OP was contacted was because the original audit of the out-of-state dealer. Might I suggest that there was much more to the audit of the out-of-state dealer than just an the regular audit dealers get ?
    Every dealer in MD I know of treats these as plain ol' rifles, with a NICS check and out the door. So the only paperwork on it is the 4473, which is not sent anywhere and just sits in the dealer's files. So the MSP will have no record of the gun, just like HBARs.

    Keep them locked in a safe, and ask for a warrant.

    And start planning your move out of state, if you haven't already. Maryland is a true lost cause.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,516
    Westminster USA
    I can't find where that's said or inferred. The ATF could have just handed a list of all Maryland purchasers to the MSP for all we know.

    How about in the OP?
    Move forward to this morning, 09-05-2013 at 0700, I get a call from my front desk (I live in a high-end condo building) requesting that I come down to the lobby as there are two MDSP Officers here to speak with me. After a brief introduction they informed me that the VA dealer who sold me this particular rifle was under an ATF audit, and they had information that I purchased from this dealer. They were here to inspect the regulated rifle that I purchased and had not registered. I explained my understanding of the MD law firearms law regarding regulated long guns (prior to Oct. 1 of course), but wanted to cooperate fully as I have nothing to hide and I am certainly one who wants everything done by the books.
    How else would MSP know about a firearm purchased in VA without going through a MD FFL? Answer? ATF. And even if ATF handed MSP list, that would be at their request, not MSP.
     

    TopShelf

    @TopShelfJS
    Feb 26, 2012
    1,743
    I would have respectfully not cooperated.

    So tell us minions your reason. You would have rather had a confrontation at your doorstep?

    sent from somewhere in the world.

    I see your point, it is a lot easier to just let the police in your house to fish around and ask questions, as long as you don't have anything to hide.

    Yeah. This is obviously the easier way to do things and go about your day.

    sent from somewhere in the world.

    LMAO!!!!! You guys clam up, too and then turn to your PBA-provided lawyer when the Police-Police starting asking you questions.

    Because you'd be stupid not to. Cops, above all people, know not to talk to cops without a lawyer.

    No warrant, no entry, for any reason. Politely.

    Sure, come on in and search for something to charge me with. Or, let me volunteer some information that can somehow be used against me. That seems like a bad idea to me. I have to say lawyer up on this one
     

    Publius

    Active Member
    Mar 18, 2013
    491
    Ellicott City
    They had simply asked in addition to the Sig 556, if I had purchased any other firearms out of state. I told them yes: a HBAR AR which went through NICS (cash can carry), and a SPAS-12 which was transferred via a Maryland FFL. From there they requested to see both in addition to the Sig 556. They inspected both and said nothing more, other than I needed to fill out the proper paperwork on the Sig.

    This part I find highly disturbing because in my case I moved from out of state with several items that I bought out of state, many regulated in Maryland. I am afraid my cooperation would stop quick simply because the more I spoke, the more curious the officers would be "to see them". I would request them to respectfully come back with a search warrant. Needless to say, I have no obligation to register what I brought from outside the state, i.e. I am not breaking any laws. I cannot fathom the idea of bringing half the contents of my safe for MSP officers to inspect without a search warrant. To make matters worst, some items are not in my safe, they are loaded for self defense. In short, I would answer on what they knew, but any fishing expedition questions I would cut short with a request for them to leave. It's clear from this event I will have to have a defense lawyer on speed dial.
     

    rswangz

    Member
    Jan 14, 2013
    71
    Carroll Co
    Let me start off by saying that the two officers who paid me a personal visit this morning couldn’t have been more professional and kind. They both are a credit to the Force and I appreciate their work.

    I think this would have made all the difference for me. Making them get a warrant would just make them return later in a bad mood, with a warrant.
     

    TopShelf

    @TopShelfJS
    Feb 26, 2012
    1,743
    I recall seeing a TV show about Police in CA going around and getting people to voluntarily allow searches. Because of this, guns were taken from the homes and I believe charges were made. Maybe was on PBS....can't recall.
     

    JDove

    Ultimate Member
    Jun 16, 2010
    2,480
    I recall seeing a TV show about Police in CA going around and getting people to voluntarily allow searches. Because of this, guns were taken from the homes and I believe charges were made. Maybe was on PBS....can't recall.

    It is part of their confiscation law for collecting firearms from people who are no longer allowed to own them. They don't typically have warrants because it is difficult to prove someone is in possession without probable cause (if they are on probation they can just come on in though). They visit and basically make a show of force and "convince" the offenders it would be better to turn it on over.

    http://www.huffingtonpost.com/2013/02/19/california-gun-confiscation_n_2717809.html
     

    UNcommon Arms

    Banned
    BANNED!!!
    Feb 16, 2011
    332
    Howard County
    Let me start off by saying that the two officers who paid me a personal visit this morning couldn’t have been more professional and kind. They both are a credit to the Force and I appreciate their work.

    The circumstances, however, are rather interesting. It starts around the middle of November 2012 when I purchased a Sig Arms 556 gas piston rifle (folding stock) from a VA dealer/FFL. It was my understanding that these are unregulated, cash & carry rifles, sold here in Maryland as well. I got a great deal, filled out the paper work, passed the NICS check, and took my rifle home with me.

    Move forward to this morning, 09-05-2013 at 0700, I get a call from my front desk (I live in a high-end condo building) requesting that I come down to the lobby as there are two MDSP Officers here to speak with me. After a brief introduction they informed me that the VA dealer who sold me this particular rifle was under an ATF audit, and they had information that I purchased from this dealer. They were here to inspect the regulated rifle that I purchased and had not registered. I explained my understanding of the MD law firearms law regarding regulated long guns (prior to Oct. 1 of course), but wanted to cooperate fully as I have nothing to hide and I am certainly one who wants everything done by the books.

    They came up to my condo and I produced the Sig 556, along with the other two long guns I had purchased in VA (on their request). I also produced my mid-July non-disapproval that I received on my Glock 22 and Glock 17 (on their request). Everything seemed to be on the up & up, and no further questions were asked. They simply requested that I fill out the regulated firearm paper work for the Sig 556-which I did on the spot as they had the forms ready in hand. I also mentioned to them that I thought other Maryland dealers were treating Sig 556 and copies there-of as unregulated long guns. Their reply to me was that they knew of this, and they all needed to be registered.

    So to those who have purchased an unregulated (cash & carry) Sig 556 or variant there-of… I would expect a visit from the MDSP requesting to inspect the rifle, and that it be registered immediately. The reason being (as I am told) is that the folding stock, detachable magazine, and flash suppressor make it a regulated long gun.

    I can only assume my knowledge of MD regulated long gun law was not as clear as it should have been.
    Sounds like they overstepped their authority. I realize you wanted to cooperate which is what the Jews did in Nazi Germany. Not saying we're becoming pre-WWII Germany but we all need to demand elected official, police etc... live up to their Constitutional duties. Without a warrant I would have respectfully told them to return when they had one. Their demands to see your "papers" sounds ominous. I'm sure they were under orders but that's no excuse. At some point underlings need to speak up and tell superiors "enough" we're not gonna just follow lockstep and violate the Constitution. Sounds like MDSP want to register all arms so they know where to find them. Sad.
     

    UNcommon Arms

    Banned
    BANNED!!!
    Feb 16, 2011
    332
    Howard County
    I think this would have made all the difference for me. Making them get a warrant would just make them return later in a bad mood, with a warrant.
    Any attorney would have demanded a warrant. Asserting your rights IS NOT reason for any police to become upset, in fact they should respect you MORE for knowing your rights.
     

    UNcommon Arms

    Banned
    BANNED!!!
    Feb 16, 2011
    332
    Howard County
    The only reason OP was contacted was because the original audit of the out-of-state dealer. Might I suggest that there was much more to the audit of the out-of-state dealer than just an the regular audit dealers get ?
    Every dealer in MD I know of treats these as plain ol' rifles, with a NICS check and out the door. So the only paperwork on it is the 4473, which is not sent anywhere and just sits in the dealer's files. So the MSP will have no record of the gun, just like HBARs.

    Keep them locked in a safe, and ask for a warrant.

    And start planning your move out of state, if you haven't already. Maryland is a true lost cause.
    LIKE :-)
     

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,471
    How about in the OP?
    How else would MSP know about a firearm purchased in VA without going through a MD FFL? Answer? ATF. And even if ATF handed MSP list, that would be at their request, not MSP.

    I don't follow. How is the ATF handing over a list a request by the ATF?
     

    pilotguy299

    Ultimate Member
    Sep 26, 2010
    1,809
    FredNeck County, MD
    I think this would have made all the difference for me. Making them get a warrant would just make them return later in a bad mood, with a warrant.

    More likely with an arrest warrant and a search warrant.

    I think that the MDSP can legitimately consider the rifle as a copy, and regulated. And I think that their opinion would be considered to be correct by the maryland courts.
     

    Abacab

    Member
    Sep 10, 2009
    2,644
    MD
    I don't think that's right. SIG makes a MA-Compliant model which would pass the feature test to the best of my knowledge...

    556SCM-Detail1.jpg

    I don't count that as a rifle; it's an abomination. However, your point is well taken. I only say that 556 is banned because I consider the standard configuration (folding stock + flash hider) as THE 556. Under that configuration, it is banned. Of course, wise dealers will remove the flash hider and sell the gun as is.
     

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