Maryland AW Ban essentially confiscates banned AW

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  • dev

    Ultimate Member
    Apr 4, 2011
    1,361
    It doesn't say you can. Which way is a Maryland judge going to understand it? It will be the most restrictive version, it does not specify that you are allowed to transport it since it is not stated in the law.

    It can be easily stated to the judge " where in the law does it say I cannot transport, I have not violated the subtitle".

    At the bottom it says (in so many words) if you violate the subtitle you cannot transport amongst other things.

    I would think that if it says you may continue to possess but not transport or it is confined to your home then we have the problem.

    I could be wrong and that is why we need immediate clarity before the hearings. If it is true that you cannot transport then we need to exploit that aspect of how cruel the bill actually is.

    If I am right and we have people use that point then we will look foolish when they say we are not prohibiting you from transport.

    I don't want any aspect of the bill to pass but if we don't direct our energy towards the other less ambiguous aspects like mandatory registration we will look weak when they seem misunderstood.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    The exact words are:

    4–303. (a)
    Except as provided in subsection (b) of this section, a person may not:
    (1) transport an assault [pistol] WEAPON into the State; or
    (2) possess, sell, offer to sell, transfer, purchase, or receive an assault [pistol] WEAPON.

    Subsection b states (about "assault weapons"):

    (3) A PERSON WHO LAWFULLY POSSESSED AN ASSAULT LONG GUN OR A COPYCAT WEAPON BEFORE OCTOBER 1, 2013, AND WHO REGISTERS THE ASSAULT LONG GUN OR COPYCAT WEAPON WITH THE SECRETARY OF STATE POLICE BEFORE NOVEMBER 1, 2013, MAY:
    (I) CONTINUE TO POSSESS THE ASSAULT LONG GUN OR COPYCAT WEAPON; OR
    (II) WHILE CARRYING A COURT ORDER REQUIRING THE SURRENDER OF THE ASSAULT LONG GUN OR COPYCAT WEAPON, TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON DIRECTLY TO THE LAW ENFORCEMENT UNIT, BARRACKS, OR STATION IF THE PERSON HAS NOTIFIED THE LAW ENFORCEMENT UNIT, BARRACKS, OR STATION THAT THE PERSON IS TRANSPORTING THE ASSAULT LONG GUN OR COPYCAT WEAPON IN ACCORDANCE WITH A COURT ORDER AND THE ASSAULT LONG GUN OR COPYCAT WEAPON IS UNLOADED.

    So I guess you can transport it as long as it doesn't leave the state? It is very unclear. I think that regardless we need to get everyone we can to show up in Annapolis on Feb 6.

    Ken

    Except as provided in subsection (b) of this section, a person may not:
    (1) transport an assault [pistol] WEAPON into the State; or

    Where does it say you cannot transport within the state?

    It doesn't, transportation within the state is NOT addressed.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Actually, if that single action revolver is not on the MD Handgun Roster, then it IS illegal. Sometimes the law does tell you what is legal, leaving everything else as illegal.


    I'm not sure whether it says here's the legal list, or you are prohibited unless it's on the list. But it doesn't really matter.

    They usually list what is prohibited, then list exceptions. Perhaps a better example is that you're forbidden to transport a handgun except to the list of allowed places.

    There isn't currently a prohibition on transporting long guns, and there is nothing in this bill that gives owned and registered "assault long guns" any status that makes them different than any other long gun once you're grandfathered. (except transporting into the state, whether they intended that or not)

    Again to clarify, this bill sucks and needs to be defeated in whole so we don't have to worry about it! :D
     

    Maverick0313

    Retired and loving it
    Jul 16, 2009
    9,183
    Bridgeville, DE
    I'm not sure whether it says here's the legal list, or you are prohibited unless it's on the list. But it doesn't really matter.

    They usually list what is prohibited, then list exceptions. Perhaps a better example is that you're forbidden to transport a handgun except to the list of allowed places.

    There isn't currently a prohibition on transporting long guns, and there is nothing in this bill that gives owned and registered "assault long guns" any status that makes them different than any other long gun once you're grandfathered. (except transporting into the state, whether they intended that or not)

    Again to clarify, this bill sucks and needs to be defeated in whole so we don't have to worry about it! :D

    What he said....:lol::thumbsup::thumbsup:
     

    hawxter996

    this avatar is offensive!
    Nov 11, 2008
    2,425
    at home
    TRANSPORTATION IS NOT FORBIDDEN,FOR FIREARMS REGISTERED WITH THE STATE!


    ONLY IF YOU DO NOT REGISTER!






    but who cares? this bill needs to die a violent death!
     

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