Some C&R firearms banned by SB 281

[tsphillips]

Last night there was a marathon deliberation on SB 281, which is ostensibly an assault weapons ban. An amendment was proposed to exempt antique firearms, but under pressure from Senator Frosh, the committee chairman, the amendment was withdrawn. Given the discussion it was clear that none of the committee members understood what C&R firearms are, or how they are regulated by the BATF.

There are very serious criminal implications for any of us who currently own C&R firearms that would be described as assault weapons per SB 281.

Please contact members of the Maryland Senate Judiciary Committee today and request that they amend the bill to exclude C&R firearms from the meaning of assault weapon. Contact by phone is likely the best approach, as most members likely have a significant backlog of unread email. Time is of the essence -- the votes for amendments will likely conclude today.

Per SB 281, failure to register assault weapons by this fall will result in criminal prosecution with the possibility of jail time.

Members of the Judicial Committee are:

Senator Brian E. Frosh (Chairman) (D-16)

301-858-3124

brian.frosh@senate.state.md.us



Senator Lisa A. Gladden (Vice Chairman) (D-41)

410-841-3697

lisa.gladden@senate.state.md.us



Senator James Brochin (D-42)

410-841-3648

jim.brochin@senate.state.md.us



Senator Joseph M. Getty (R-5)

410-841-3683

joseph.getty@senate.state.md.us



Senator Jennie M. Forehand (D-17)

301-858-3134

jennie.forehand@senate.state.md.us



Senator Nancy Jacobs (R-34)

410-841-3158

nancy.jacobs@senate.state.md.us



Senator C. Anthony Muse (D-26)

301-858-3092

anthony.muse@senate.state.md.us



Senator Jamie Raskin (D-20)

301-858-3634

jamie.raskin@senate.state.md.us



Senator Christopher B. Shank (R-2)

301-858-3903

christopher.shank@senate.state.md.us



Senator Norman R. Stone Jr. (D-6)

410-841-3587

norman.stone@senate.state.md.us



Senator Bobby A. Zirkin (D-11)

410-841-3131

bobby.zirkin@senate.state.md.us

 

[jawn]

Noted.

I'd rather they just exclude this entire bill and resign.

 

[Sirex]

What are they looking to ban? SKS rifles? Sorry if I missed it. So if you currently have like, a SKS, and either you don't register it or turn it in for meltdown, you get fined or go to jail?

 

[psoyring]

I guess if you focus on function only, the powers that be figure not much difference between an AK and a SKS.

 

[tsphillips]

The language from the bill (applying to long guns) has been:

(I) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT CAN
ACCEPT A DETACHABLE MAGAZINE AND HAS ANY OF THE FOLLOWING:
1. A PISTOL GRIP THAT PROTRUDES
CONSPICUOUSLY BENEATH THE ACTION OF THE WEAPON;
2. A THUMBHOLE STOCK;
3. A FOLDING OR TELESCOPING STOCK;
4. A GRENADE LAUNCHER OR FLARE LAUNCHER;
5. A FLASH SUPPRESSOR; OR
6. A FORWARD PISTOL GRIP;
(II) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS A
FIXED MAGAZINE WITH THE CAPACITY TO ACCEPT MORE THAN 10 ROUNDS;
(III) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS AN 15 OVERALL LENGTH OF LESS THAN 30 INCHES;
(IV) A SEMIAUTOMATIC PISTOL THAT CAN ACCEPT A
DETACHABLE MAGAZINE AND HAS ANY OF THE FOLLOWING:
1. A THREADED BARREL, CAPABLE OF ACCEPTING A
FLASH SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
2. A SECOND HANDGRIP;
3. A SHROUD THAT IS ATTACHED TO OR THAT
PARTIALLY OR COMPLETELY ENCIRCLES THE BARREL, EXCEPT FOR A SLIDE
THAT ENCLOSES THE BARREL, AND THAT ALLOWS THE BEARER TO FIRE THE
WEAPON WITHOUT BURNING THE BEARER’S HAND; OR
4. THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE OUTSIDE THE PISTOL GRIP;
(V) A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE
THAT CAN ACCEPT MORE THAN 10 ROUNDS;

(The full text of the bill is here: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281F.pdf)

There are additional restrictions on shotguns and pistols. Honestly, I don't pay enough attention to C&R shotguns and semi-auto pistols to understand the implications.

I think that the long gun section has been amended to read "any two of the following" instead of "any of the following" -- however, the deliberation on the amendments was sometimes hard to follow, and I have not yet seen a revised bill in writing.

Anything falling into the banned criteria must be registered with the state by November 1, 2013, or else:

(a) A person who violates this subtitle is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

I'm not a lawyer and certainly not an expert on every C&R firearm out there. However, I have drooled over enough C&R goodies to realize that there must be an intersection between C&R and this bill. (NFA weapons immediately come to mind.)

The amendment to exclude C&R weapons from the ban was withdrawn. It was clear from the judicial committee discussion that none of the senators understood what C&R weapons really are. I have petitioned the members of the committee to reconsider the amendment and exempt C&R weapons from the bill. I have not received a response.

Tom

 

[Mark75H]

Are you kidding? The Senate President, Mike Miller, thinks he will be able to avoid being fingerprinted by purchasing in VA and personally bringing his gun into MD.

As long as we are that far backward in what the legislators think and know about current law, we have no hope of preventing more stupidity:


http://www.capitalgazette.com/news/...cle_42bdc6fc-48f1-58a0-b801-a1b642c03b82.html

 

[Joseph87']

Don't be just c&r selfish. Nothing in that bill is sensible moreless you choosing your c&r weapons and saying there not assault weapons. None of our weapons are assault weapons so fight the bill not a part !!!!!!!op

 

[Shazam]

Fighting the bill by pointing out numerous small problems and adding amendments, like C&R, may be a very effective tactic.

 

[mgbill]

Okay - help me out here. What are specific examples of C&R firearms that are affected by this proposed legislation? (I'm not trying to be a smart ass - I just don't know that much about semi-auto C&R rifles.)

 

[Karl/PA]

I am so glad I moved out of Maryland aand don't have to put up with this crap.

 

[Bob A]

I am so glad I moved out of Maryland aand don't have to put up with this crap.

Maryland is moving to PA & VA, as is NY, and soon you will be eating this crap with a spoon. You might look to hardening your borders while you have the chance.

 

[hdatontodo]

Okay - help me out here. What are specific examples of C&R firearms that are affected by this proposed legislation? (I'm not trying to be a smart ass - I just don't know that much about semi-auto C&R rifles.)

How about an SKS which has a removable AK magazine.

How about an SKS with a fixed 20 round magazine.

 

[Mark75H]

D's & M's (I think those are the correct SKS models) are already regulated rifles in MD, they would be moot.

There is an attached 20 round mag variant SKS. I don't know of any other greater than 10 semi, but its probably out there somewhere

 

[CasualObserver]

Okay - help me out here. What are specific examples of C&R firearms that are affected by this proposed legislation? (I'm not trying to be a smart ass - I just don't know that much about semi-auto C&R rifles.)

What about about a paratrooper M1 carbine..... accepts a detachable mag and has the pistol grip.

 

[Sirex]

Hmm. My Yugo, has the "ability" to accept detachable mags, even though I don't use them. Plus it has a grenade launcher and threaded barrel for the muzzle brake. And the ability to use a pistol gripped Tapco stock, as well as 20rd fixed mags on the market for these. Let's not even discuss the bayonet, that's just too scarey. So the SKS has the "ability" to be "made" evil. I need to bury this thing before it kills me.

The language from the bill (applying to long guns) has been:

(I) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT CAN
ACCEPT A DETACHABLE MAGAZINE AND HAS ANY OF THE FOLLOWING:
1. A PISTOL GRIP THAT PROTRUDES
CONSPICUOUSLY BENEATH THE ACTION OF THE WEAPON;
2. A THUMBHOLE STOCK;
3. A FOLDING OR TELESCOPING STOCK;
4. A GRENADE LAUNCHER OR FLARE LAUNCHER;
5. A FLASH SUPPRESSOR; OR
6. A FORWARD PISTOL GRIP;
(II) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS A
FIXED MAGAZINE WITH THE CAPACITY TO ACCEPT MORE THAN 10 ROUNDS;
(III) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS AN 15 OVERALL LENGTH OF LESS THAN 30 INCHES;
(IV) A SEMIAUTOMATIC PISTOL THAT CAN ACCEPT A
DETACHABLE MAGAZINE AND HAS ANY OF THE FOLLOWING:
1. A THREADED BARREL, CAPABLE OF ACCEPTING A
FLASH SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
2. A SECOND HANDGRIP;
3. A SHROUD THAT IS ATTACHED TO OR THAT
PARTIALLY OR COMPLETELY ENCIRCLES THE BARREL, EXCEPT FOR A SLIDE
THAT ENCLOSES THE BARREL, AND THAT ALLOWS THE BEARER TO FIRE THE
WEAPON WITHOUT BURNING THE BEARER’S HAND; OR
4. THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE OUTSIDE THE PISTOL GRIP;
(V) A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE
THAT CAN ACCEPT MORE THAN 10 ROUNDS;

(The full text of the bill is here: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281F.pdf)

There are additional restrictions on shotguns and pistols. Honestly, I don't pay enough attention to C&R shotguns and semi-auto pistols to understand the implications.

I think that the long gun section has been amended to read "any two of the following" instead of "any of the following" -- however, the deliberation on the amendments was sometimes hard to follow, and I have not yet seen a revised bill in writing.

Anything falling into the banned criteria must be registered with the state by November 1, 2013, or else:

(a) A person who violates this subtitle is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

I'm not a lawyer and certainly not an expert on every C&R firearm out there. However, I have drooled over enough C&R goodies to realize that there must be an intersection between C&R and this bill. (NFA weapons immediately come to mind.)

The amendment to exclude C&R weapons from the ban was withdrawn. It was clear from the judicial committee discussion that none of the senators understood what C&R weapons really are. I have petitioned the members of the committee to reconsider the amendment and exempt C&R weapons from the bill. I have not received a response.

Tom

 

[mgbill]

Why are we talking about threaded barrels and bayonets? They're not included in the list of tainting characteristics (in MD, at least).

 

[Machodoc]

Okay - help me out here. What are specific examples of C&R firearms that are affected by this proposed legislation? (I'm not trying to be a smart ass - I just don't know that much about semi-auto C&R rifles.)

How about an SKS which has a removable AK magazine.

How about an SKS with a fixed 20 round magazine.

Here's where crap like this has a "gotcha" attached to it. The (intentionally) poorly-written laws leave gray areas open for interpretation. Here a couple are:

• Any SKS will accept a removable magazine. All you have to do is remove the original fixed magazine, and it becomes capable of accepting a magazine holding more than 10 rounds. Given that, the SKS would be banned.
• A fixed 20-round magazine would be in violation of this reg.
• An SKS has what could easily be interpreted as a wooden wrap-around barrel shroud.

 

[MikeSP]

Here's where crap like this has a "gotcha" attached to it. The (intentionally) poorly-written laws leave gray areas open for interpretation. Here a couple are:

• Any SKS will accept a removable magazine. All you have to do is remove the original fixed magazine, and it becomes capable of accepting a magazine holding more than 10 rounds. Given that, the SKS would be banned.
• A fixed 20-round magazine would be in violation of this reg.
• An SKS has what could easily be interpreted as a wooden wrap-around barrel shroud.

I agree with you on the grey areas.
We might say since you have to remove the trigger group to replace the fixed mag, that it's not capable of accepting a removable mag, but capable is a broad term.
The SKS wouldn't fall under the barrel shroud condition, that was under pistols.

 

[crowleycr]

I thought they were making all FFLs exempt with this bill?

The way it is written all hunting rifles can be made to look evil. You can put a pistol grip/adjustable stock on anything. It looks like they only want to ban rifles. i can still keep my pistols and flare guns. Nothing to worry about. When they come for my pistols after the next shooting I can use Joe Biden's shotgun to defend my property.

 

[6pack]

Why are we talking about threaded barrels and bayonets? They're not included in the list of tainting characteristics (in MD, at least).

Yes, they are.

We are all seriously affected by this craziness, and we all need to fight it. The penalty for any screwup is punishable by three years in jail. You know what that means? Federal law says if you are charged with a crime punishable by more than one year in jail, you loose all rights to ever own a firearm of any kind. Game over.

Call, write, visit, get to Annapolis.