So, did SB281 change at all on Good Friday?

[ddeanjohnson]

If anyone has the collated new version, please post.

A new bill consolidating the committee amendments, called a "second reader," may be available as early as Monday. Until then, I've posted a summary of the most interesting actions of the combined committee here.

 

[Dave MP]

Is there any way to get a copy of the SB 281 Amendments proposed and the voting record for each?

 

[Robert]

Is there any way to get a copy of the SB 281 Amendments proposed and the voting record for each?

I'm guessing early next week?

 

[ShallNotInfringe]

Is there any way to get a copy of the SB 281 Amendments proposed and the voting record for each?

Great summary of markup/status is here:

http://www.mdshooters.com/showthread.php?t=113604&highlight=Summary

Voting record is here:

http://delegatedwyer.com/committee-votes-sb281

** Don't retreat! Reload! ** (pretty soon you'll be reloading twice as often)

** Don't retreat! Reload! ** (pretty soon you'll be reloading twice as often)

 

[aquaman]

three questions

1. Are all AK-47 variants (ak74/akm/saiga etc) banned from purchase in md after 10/1?
2. If someone moves into the state with a banned weapon do they have to sell it before become a MD resident?
3. What does this law do to stripped ar15 lowers

 

[ddeanjohnson]

Voting record is here:
http://delegatedwyer.com/committee-votes-sb281

The tally sheets posted by Delegate Dwyer on line, at the link above, are only on final approval of the amended bill by the members of the two committees. The text of individual amendments, and the tally sheets on those, will eventually be posted on line at the link below, but that can sometimes take many days:

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=02&id=sb0281&tab=subject3&ys=2013RS

 

[ShallNotInfringe]

The tally sheets posted by Delegate Dwyer on line, at the link above, are only on final approval of the amended bill by the members of the two committees. The text of individual amendments, and the tally sheets on those, will eventually be posted on line at the link below, but that can sometimes take many days:

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=02&id=sb0281&tab=subject3&ys=2013RS

** Don't retreat! Reload! ** (pretty soon you'll be reloading twice as often)

 

[ddeanjohnson]

which "assault" long guns are banned?

1. Are all AK-47 variants (ak74/akm/saiga etc) banned from purchase in md after 10/1?

I think the answer is yes. The proposed new ban applies to all of the "assault" long guns that are currently regulated weapons under Public Safety Article § 5-101(R)(2), which I have pasted in below. Note that this includes not only the named models, but also "their copies, regardless of which company produced and manufactured that assault weapon." So it is regulated now, or would be regulated now, then under SB 281, future acquisitions will be banned.

However, the committee-reported bill provides that "any person who lawfully possessed or placed a verifiable purchase order for" one of these weapons, prior to October 1, 2013, may possess it after that day. Delegate Simmons offered an amendment to delete the phrase "or placed a verifiable purchase order for," but that amendment died for lack of a second. The allowance for purchase orders is one of the accommodations that the bill sponsors made to the dealers' association.

In addition, SB 281 would ban so-called "copy cat" firearms, which are defined by the features enumerated in the bill, discussed elsewhere.

Public Safety Article
§5-101(R)(2)

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;

(ii) AK-47 in all forms;

(iii) Algimec AGM-1 type semi-auto;

(iv) AR 100 type semi-auto;

(v) AR 180 type semi-auto;

(vi) Argentine L.S.R. semi-auto;

(vii) Australian Automatic Arms SAR type semi-auto;

(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;

(ix) Barrett light.50 cal. semi-auto;

(x) Beretta AR70 type semi-auto;

(xi) Bushmaster semi-auto rifle;

(xii) Calico models M-100 and M-900;

(xiii) CIS SR 88 type semi-auto;

(xiv) Claridge HI TEC C-9 carbines;

(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;

(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;

(xvii) Dragunov Chinese made semi-auto;

(xviii) Famas semi-auto (.223 caliber);

(xix) Feather AT-9 semi-auto;

(xx) FN LAR and FN FAL assault rifle;

(xxi) FNC semi-auto type carbine;

(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;

(xxiii) Steyr-AUG-SA semi-auto;

(xxiv) Galil models AR and ARM semi-auto;

(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;

(xxvi) Holmes model 88 shotgun;

(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

(xxviii) Manchester Arms "Commando" MK-45, MK-9;

(xxix) Mandell TAC-1 semi-auto carbine;

(xxx) Mossberg model 500 Bullpup assault shotgun;

(xxxi) Sterling Mark 6;

(xxxii) P.A.W.S. carbine;

(xxxiii) Ruger mini-14 folding stock model (.223 caliber);

(xxxiv) SIG 550/551 assault rifle (.223 caliber);

(xxxv) SKS with detachable magazine;

(xxxvi) AP-74 Commando type semi-auto;

(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;

(xxxviii) Street sweeper assault type shotgun;

(xxxix) Striker 12 assault shotgun in all formats;

(xl) Unique F11 semi-auto type;

(xli) Daewoo USAS 12 semi-auto shotgun;

(xlii) UZI 9mm carbine or rifle;

(xliii) Valmet M-76 and M-78 semi-auto;

(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or

(xlv) Wilkinson Arms 9mm semi-auto "Terry".

 

[ddeanjohnson]

2. If someone moves into the state with a banned weapon do they have to sell it before become a MD resident?

I am not a lawyer and this is not legal advice. In my opinion, under the amended bill, if the non-resident lawfully owned the "assault" weapon prior to October 1, 2013, or can prove that he placed a "purchase order" for it prior to that date, then he can move into the state and continue to possess it. But if he orders the "assault" weapon after that date, he cannot bring it into the state without committing a criminal offense. Without having the actual text of the amended bill, it is impossible to be certain about this. I did not see or hear anything that would make it permissible for a non-resident to bring a post-10/1/13 assault weapon into the state even more an organized shooting event, or while passing through the state, although federal law would come into play in the latter case.

The committee-reported bill also requires all new residents to register all handguns within 90 days of establishing residency. As I read the law, failure to do so would expose the new resident to criminal penalties. (The way the code is written, I think it would not apply to muzzle loaders or handguns made before 1899.) So if somebody moves to Maryland and doesn't know she is supposed to register any handguns, because she thinks she is still in the country they grew up in, and then three years later she finds grandpa's service revolver in the trunk and takes it down to the gun shop to sell, she might end up in handcuffs. Again, without seeing the final product of the committee there is some uncertainty in my mind about this, but that's the way I read it.

 

[ddeanjohnson]

3. What does this law do to stripped ar15 lowers

I lack the technical competence to address this question. Basically, if the MSP currently regards it as a regulated assault long gun, then under the bill, future acquisitions would be banned. I'm sure others with more technical knowledge will come along to speak to your specific question.

 

[ObsceneJesster]

In regards to the stripped lowers. I don't know but I would think they are going to be banned as well. I guess you could always say that you were buying one to build an HBAR. Of course there is another way to easily acquire one but I'm not saying anything prior to this law being voted on. I would hate to post a work around and have one of their minions see it.

 

[scottymd]

A stripped lower is the same as a full AR. The lower is the regulated part of it. Better get it before Oct.

 

[fabsroman]

Oh - I got it now, the FAX draft. Duh...

Yes all those passed, plus a few more.

C&R exemption from HQL and AWB. PBJ loss of firearm rights for 3 years. A couple more I forget

Sent from my PD_Novel using Tapatalk

PBJ for any crime whatsoever, or just violent crimes?

My Lord, this thing is a mess. Now I am going to have to advise clients that they can lose their 2nd Amendment right for a PBJ. Granted, they usually are not allowed to possess firearms when they are on supervised probation, but they can sometimes get around that.

So, the bullet amendment survived. What a stupid amendment that is.

 

[Straightshooter]

Pbj language is for crimes of violence only.

Bullet section is to be ironed out to conform with feds cop killer bullet restrictions.

C&R failed because they (Democrats, and screw every one of you) were afraid that the date to be considered a C&R weapon might change in the future and then firearms that are now to be called Assault Weapons would suddenly become legal again.

 

[ddeanjohnson]

PBJ for any crime whatsoever, or just violent crimes? My Lord, this thing is a mess. Now I am going to have to advise clients that they can lose their 2nd Amendment right for a PBJ. Granted, they usually are not allowed to possess firearms when they are on supervised probation, but they can sometimes get around that.

Your question cannot be answered definitively because we don't yet have the actual language of the Simmons Amendment. After the mark up, someone asked one of the Republican delegates (who opposed the Simmons Amendment) if he thought it would apply retrospectively, and the delegate said certainly not. I am not so sure. I'm no expert, but from what I've seen, firearms disqualifications, both federal and state, tend to be applied retroactively, and so far such applications have been held not to violate the Constitution's prohibitions on ex post facto penalties. I would certainly welcome an analysis by an attorney, once the language becomes available.

The Simmons Amendment was strongly opposed by Judiciary Committee Chairman Vallario and by several liberal members of the committee, and by
Delegate Smigel, so it is not clear it will survive the rest of the process.

Again, I lack the actual language, but the way Delegate Simmons explained his amendment, the PBJ disqualification would apply to the crimes that are currently disqualifying crimes (for firearms) under Maryland law, until and unless the matter is later expunged. Expungement can be applied for three years after the probationary period is ended, but is not always granted, as he explained it.

Simmons read from what I think is this list in Public Safety Article § 5-101.

Public Safety Article § 5-101. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Antique firearm. -- "Antique firearm" has the meaning stated in § 4-201 of the Criminal Law Article.

(c) Crime of violence. -- "Crime of violence" means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or

(17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

 

[seawolf823]

So basically because I had a PBJ for sec-degree assault over 10 years ago if this passes i have to give up my right?

 

[Alex]

So basically because I had a PBJ for sec-degree assault over 10 years ago if this passes i have to give up my right?

No doubt that is their intent; what actual language makes it in the final bill I assume we will know in a matter of days or weeks at most.

 

[seawolf823]

If it comes to that MD can kiss my ass goodbye.

 

[fabsroman]

If it comes to that MD can kiss my ass goodbye.

I don't think it would be retroactive. Since your issue was 10 years ago, I doubt you would see any repercussions from it. I really do think it is a stupid amendment. So many times people get charged with 2nd degree assault for a simple fist fight. Yeah, people shouldn't be fighting one another, but sometimes boys will be boys and men will be men.

 

[Justler]

You can get PBJ for traffic tickets... I haven't read that particular amendment well, but is it ANY PBJ?