HB0004 Rifles and Shotguns - Secondary Transactions

[NoMoreTreadingOnUs]

How long before the roll call is posted?

 

[MARYLANDJOHN]

Please correct me if I’m wrong but I can’t lend someone a firearm to shoot but it’s still ok for a range to let someone shoot a “rental” isn’t that the same thing

 

[PowPow]

How long before the roll call is posted?

When the day is journalized. That takes a few days and varies. They are presently 4 days behind.

 

[A1Uni]

Isn't this the bill that kept getting killed in committee because FFLs couldn't actually do NICS checks on guns between two private parties?

Here is the bad news, they can now.

 

[fidelity]

So if my local IWLA is hosting scouts for firearms training for a weekend and members lend 22LR bolt action rifles for the this exercise, in the future (if this law passes) there would need to be a NICS transfer from multiple donors to one trusted individual overseeing the training before the event, as well as another NICS check back to the rifle owners after the event?

And this makes us safer how? By impairing training on the safe handling of firearms?

 

[Mike OTDP]

Please correct me if I’m wrong but I can’t lend someone a firearm to shoot but it’s still ok for a range to let someone shoot a “rental” isn’t that the same thing

It depends on how the terms "lend" and "rent" are defined. We tend to define them as "use at the owner's property, or under the owner's supervision". The legislation tends to define it as "use away from the owner's property, and not under the owner's supervision."

The simple truth is that Maryland legislators are a sloppy lot when it comes to making laws.

 

[sleev-les]

Absolute travesty. Makes me sick to my stomach that these fools go unchecked. Guess more and more fall into WWNC every year.

 

[Engine4]

I'm not gonna comply, what about you guys?

 

[welder516]

I'm not gonna comply, what about you guys?

 

[welder516]

Dumb question time ... If you sell a long gun , how would anyone know the date of the sale ?? I did not read the entire bill .

 

[sleev-les]

Dumb question time ... If you sell a long gun , how would anyone know the date of the sale ?? I did not read the entire bill .

I don’t think they do know.

 

[Sirex]

Dumb question time ... If you sell a long gun , how would anyone know the date of the sale ?? I did not read the entire bill .

Claim it was stolen, you'll get less time.

 

[pcfixer]

I'm not gonna comply, what about you guys?

 

[whistlersmother]

Claim it was stolen, you'll get less time.

This - probably get nolle'd

 

[lazarus]

Claim it was stolen, you'll get less time.

Officer it was stolen from me. I don’t know why the guy is claiming he bought it from me in a fair exchange.

Really, he is still claiming he bought it fair and square? Did you see the condition of that K98k, he way under paid for it. Total highway robbery!
:-D

 

[pcfixer]

I did not realize this went to Senate AND In the Senate - Hearing 2/05 at 2:00 p.m. I pray many there to voice

 

[lazarus]

So, question, how would this work for FFL-03s? Asking about the FFL-03 in part because the law defines a dealer as

DEALER’S LICENSE” MEANS A FEDERAL FIREARMS LICENSE.

It then goes in to define a licensee as someone with a dealer’s license.

It doesn’t specify what type of license. Am I wrong in believing an FFL-03 would be considered a licensee under this law? Even though they don’t have anything like what one would describe as a dealers license under federal law (then again neither does a gunsmith).

To be clear, I see the carve out for C&R holders. But it appears to be they are carved out for all long gun transfers.

This section does not apply to

(1) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN
MANUFACTURER, DEALER, OR IMPORTER;

(4) OF A CURIO OR RELIC FIREARM BETWEEN COLLECTORS WHO
EACH HAVE IN THEIR POSSESSION A VALID COLLECTOR OF CURIOS AND RELICS
LICENSE, AS THE TERMS ARE DEFINED IN FEDERAL LAW OR DETERMINATIONS
PUBLISHED BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES;

(1) calls out both licensees or federal licensed manufacturers, dealers and importers.

That seems to acknowledge in law that there are other FFL types and that they are all covered in the carve out.

Now under federal law if I buy a long gun from any FFL that is a dealer, it has to do the 4473 and NICS. But if I bought from Joe Friendly and I have an FFL-03 as an intrastate transfer, fed law and regs don’t apply unless it is C&R and it sounds like the state says I don’t have to do a dick dance. Or am I not interpreting this the way a DA or MSP would?

 

[rockstarr]

this on top of Johnny O attempting to put gun shops out of business in Baltimore county, is beyond annoying.

 

[Mark75H]

So, question, how would this work for FFL-03s? Asking about the FFL-03 in part because the law defines a dealer as

DEALER’S LICENSE” MEANS A FEDERAL FIREARMS LICENSE.

It then goes in to define a licensee as someone with a dealer’s license.

It doesn’t specify what type of license. Am I wrong in believing an FFL-03 would be considered a licensee under this law? Even though they don’t have anything like what one would describe as a dealers license under federal law (then again neither does a gunsmith).

To be clear, I see the carve out for C&R holders. But it appears to be they are carved out for all long gun transfers.

This section does not apply to

(1) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN
MANUFACTURER, DEALER, OR IMPORTER;

(4) OF A CURIO OR RELIC FIREARM BETWEEN COLLECTORS WHO
EACH HAVE IN THEIR POSSESSION A VALID COLLECTOR OF CURIOS AND RELICS
LICENSE, AS THE TERMS ARE DEFINED IN FEDERAL LAW OR DETERMINATIONS
PUBLISHED BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES;

(1) calls out both licensees or federal licensed manufacturers, dealers and importers.

That seems to acknowledge in law that there are other FFL types and that they are all covered in the carve out.

Now under federal law if I buy a long gun from any FFL that is a dealer, it has to do the 4473 and NICS. But if I bought from Joe Friendly and I have an FFL-03 as an intrastate transfer, fed law and regs don’t apply unless it is C&R and it sounds like the state says I don’t have to do a dick dance. Or am I not interpreting this the way a DA or MSP would?

Another case of them not having a clue about what they are doing. This is a good example of a sleeping dog you should let lie.

As we learned in 2013 with the no live fire amendment in the O'MoM UNsafe act, the General Assembly can pass whatever it wants, the law MSP enforces can be rewritten any way the powers that be wish and then approved by the Star Chamber Committee in August or September to be the final law.

 

[PowPow]

Updated OP with link to HB4 (87-47) house vote.