ddeanjohnson autodidact

Join Date: Aug 2010 Posts: 797

The final SB 281: A detailed summary for non-lawyers



Here is a non-lawyer summary of the final version of



I have skipped some provisions that are of limited interest to a general audience -- for example, provisions giving the Maryland State Police expanded authority to monitor licensed dealers and impose sanctions on them. I am not a lawyer (but this is not the first time I've read a statute), and nothing below should be construed as legal advice. If you think some provision that I describe is going to cause you some personal legal difficulty, you should consult a lawyer expert in Maryland firearms law and/or federal firearms law -- and, where appropriate, criminal law.



PLEASE REFRAIN FROM POSTING COMMENTS, IN THIS THREAD, ON THE GOODNESS OR BADNESS OF VARIOUS PROVISIONS. THIS THREAD IS INTENDED ONLY TO CLARIFY POINTS ABOUT WHAT THE BILL DOES OR DOES NOT DO. THERE ARE MANY OTHER THREADS WHERE YOU CAN VENT ABOUT THE BILL.



ALSO, IF YOU POST A COMMENT BELOW, PLEASE DON'T QUOTE THIS ENTIRE ANALYSIS -- JUST QUOTE THE NUMBERED PARAGRAPH THAT YOU WANT TO COMMENT ON.



Here it is:



1. Beginning October 1, 2013, receipt of a regulated firearm, which from now on means a handgun (because currently regulated long guns are going to be made banned long guns by the bill), generally will require a "handgun qualification license" (HQL), which is a license "to purchase, rent, or receive a handgun." (Pages 26-33.) The HQL is not required for an active or "retired" member of the armed forces of the United States or the National Guard, for active or retired law enforcement officers, nor will it be required for transactions by licensed firearms manufacturers or licensed dealers. Also, the HQL is not required for anyone to purchase any handgun defined in federal law as an antique, or curio or relic. (This has nothing to do with whether or not the handgun buyer possesses a federal "C&R" license and should not be confused with such. The bill makes no changes with respect to the previous rules for those who do hold the federal "C&R" license.) One must be age 21 to apply for the HQL. To obtain the HQL requires fingerprinting, a $50 fee paid to the state, and proof of satisfactory completion of either "a firearms safety training course approved by the Secretary [of the Maryland State Police]," which must be at least 4 hours long and cover certain specified subjects, or else has a certificate that he has successfully completed the Maryland Department of Natural Resources (DNR) course in firearms safety and safe hunting practices. [Updated Sept. 14, 2013: MSP Lt. John Cook, commander of the Licensing Section, affirmed in an email that all DNR-issued hunter safety certificates will suffice for this purpose, no matter when they were issued (DNR began issuing them in about 1976), unless a certificate was formally revoked by the DNR. The status of comparable certificates that were issued in other states to persons who are now Maryland residents, which the DNR law requires Maryland to accept for hunting-license purposes, is still under review.] There are certain exceptions to the training requirement, including an exception for anyone who "lawfully owns a regulated firearm" at the time of the application (how this will work is discussed



2. New acquisition of any firearm defined as an "assault long gun" would be banned as of October 1, 2013, with narrow exceptions for law enforcement, military duty, manufacturers, certain defense contractors and the like. (Pages 8-15.) The ban would extend to separate and distinct bans. In this bill, "copycat" does not mean that a firearm is really a copy of anything -- the term is just a political gimmick to refer to firearms that have the specific characteristics that will cause them to be banned. A firearm that meets any one of the "copycat" tests (see below) is banned even if it is not named on the list, or even if it is specifically exempted on the list.



3. See page 10: A semiautomatic centerfire rifle will be a banned "copycat" if it meets any one of these three tests:

(1) Has a fixed magazine with the capacity to accept more than 10 rounds; or

(2) has an overall length of less than 29 inches; or

(3) "can accept" a "detachable magazine" and actually has at least two of the following three attributes: (i) folding stock, (ii) grenade or flare launcher, or (iii) flash suppressor. ("Flash suppressor" is defined on page 11 of the bill. The Maryland State Police have clarified that a "collapsible stock" is not a "folding stock."



4. A semiautomatic rimfire rifle will never be a banned "copycat" rifle under SB 281. (However, the Armi Jager "AP-74 commando type semi-auto," manufactured in .22LR by the now-defunct firm during the 1990s, would be banned because it appears by name on the carried-over list.)



5. See page 10: A semiautomatic pistol will be a banned as an assault/copycat weapon only if it has a fixed magazine that can accept more than 10 rounds; this applies to both rimfire and centerfire. (If any pistol that meets this test is currently listed on the Maryland Handgun Roster, it will be banned by SB 281 anyway -- these are two separate laws with two separate prohibitions. So far, however, nobody has come up with any example of a Roster-listed handgun that would be banned by this new prohibition.)



NOTE: Readers who want additional details on exactly what models of rifles are or may be banned, the status of "stripped lowers," and other technical questions of that sort, are strongly advised to refer to the "Frequently Asked Questions" by erwos, which is periodically updated with the latest information: http://www.mdshooters.com/showthread.php?t=109281



6. See pages 11-12: A semiautomatic shotgun will be banned as an assault/copycat weapon if it has a folding stock. (The Maryland State Police say that a "collapsible stock" is not a "folding stock.") Also banned is a shotgun that has "a revolving cylinder."



7. "Assault" weapons and "copycat" firearms possessed as of October 1, 2013, will be "grandfathered" in (not banned) for both current Maryland residents and people who move to Maryland in the future. Their lawful owners may continue to possess them and to transport them. (Page 14, lines 9-16.) This would also apply to any such firearm for which the would-be owner "has a purchase order for. or completed an application to purchase" as of October 1, 2013" (note: that phrase was inserted on the House floor on April 3, in place of the earlier phrase referring to a "verifiable purchase order"). However, there are substantial doubts that such a previously ordered gun could be lawfully transferred to the buyer after October 1, unless the dealer had it hand before that date (e.g., a layaway). A resident of another state who lawfully acquires such a weapon after October 1, 2013, and who then moves into the state with it, would commit an offense. (It would be a crime even to bring such a non-grandfathered rifle into the state for a shooting competition, although just driving across the state with an ultimate destination in another state, with the gun unloaded and cased separately from ammo, would in theory be protected by a federal law, 18 U.S.C. §926.) Grandfathered assault weapons may be passed on by inheritance (page 12, lines 21-26). Current Maryland residents are not required to register their grandfathered "assault"/"copycat" firearms, but persons who move to Maryland after October 1, 2013, would be required to register such firearms (see no. 8 below).



8. Anyone who moves into the state would be required to register "all regulated firearms" with 90 days after establishing residency (see page 52). This would apply to all handguns, except muzzleloaders and antiques (pre-1899), no matter when or where they were acquired. The registration requirement also be applied to any "assault" firearm that was lawfully possessed by the new resident prior to October 1, 2013. There will be a $15 application charge, which will cover any number of handguns/regulated firearms. It appears to me that criminal penalties would apply for failure to register a handgun within 90 days, but I would appreciate some lawyer well versed in the criminal code looking at that question. If I am right, a new resident might find grandpa's old service revolver in a trunk in a few years, take it down to the local gun shop to sell it, and end up arrested for failure to register the handgun within 90 days of establishing residency.



9. Updated Sept. 13 and 16, 2013: This paragraph was originally devoted to discussion of the bill's requirement for possession of a Handgun Qualification License to "purchase, rent, or receive" a handgun. "Purchase" is self-explanatory, and "rent" is defined in the law, but "receive" is not defined. In the original presentation, I expressed concern on how this might be an issue, for example, when allowing novices to shoot handguns for the first time at a range. An inquiry to the Office of the Attorney General brought this response from an assistant attorney general on Sept. 12, 2013: "To the best of my knowledge, the Office of the Attorney General has not provided any Opinions or letters of advice on this issue." The AAG declined to offer to me any interpretation of "receive." I sent an email to the MSP in which I posed several scenarios in which a person who is under no federal or state disqualification to possessing a handgun, comes into temporary possession of a handgun, although she does not possess a HQL. (By the way, the hypothetical handgun is of recent manufacture, not a "curio or relic.") Scenario no. 1 involved a boyfriend taking his girlfriend to the gun club to try out a handgun for the first time -- I refer to this type of scenario as "temporary receipt for purposes of informal instruction or sporting purposes." Scenario no. 2 involved the boyfriend then loaning the handgun to the girlfriend to keep at her residence for defense, while she goes through the process of obtaining a HQL and purchasing her own handgun, with the understanding that she will return the handgun to the owner as soon as she lawfully acquires a new handgun; I refer to this scenario as a "bona fide loan." In an email dated Sept. 16, 2013, MSP Lt. John Cook said, "A HQL would not be needed for Scenario 1 (temporary receipt for purposes of informal instruction or sporting purposes) and Scenario 2 (bona fide loans)." This is certainly helpful information, but a number of questions remain as to where the requirement for a HQL begins -- i.e., the meaning and scope of the term "receive." I have started a separate new thread on these "receive" issues



10. Future transfers within Maryland of "a detachable magazine" with capacity of greater than 10 rounds are banned. ("Detachable magazine" is defined on page 11, and the ban is found on page 16.) This is true whether or not the magazine is the manufacturer's standard issue for a certain pistol, and it applies to magazines that are associated with old guns. It would be an offense to even offer such a magazine for sale in Maryland. This law applies in Maryland. It does not ban possession of any magazines that are lawfully owned or lawfully purchased -- for example, magazines that are part of guns purchased before the effective date of the act. Licensed dealers and manufacturers may still receive and transfer such magazines to out-of-state buyers.



11. As a general rule, those who qualify for Maryland carry permits will required to undergo 16 hours of instruction before a permit is issued, and 8 hours before each renewal (i.e., every two or three years), with certain exemptions (pages 58-61). (One exemption to the training requirement applies to a "qualified handgun instructor," which includes among others "a certified firearms instructor who . . . has a certification issued by a nationally recognized firearms organization.") The training must include "a firearms qualification component that demonstrates the applicants proficiency and use of the firearm" (page 59); the details are spelled out in the draft regulations, and includes a requirement to fire the handgun at least once. The MSP Secretary has authority to waive the training requirement for applicants who have completed any "course" of instruction that he deems adequate. The bill would change current law (see page 7) so that permit holders could be criminally charged for carrying outside the bounds of any permit restrictions, in contrast to current law under which carrying outside of restrictions is dealt with administratively (for example, by revocation of the permit). The bill does not change the standards by which carry permits will be issued or denied, except for an applicant who is otherwise qualified but for some reason cannot meet the new training requirements. [Updated Sept. 12, 2013: MSP officials say that those who already hold Maryland carry permits may submit an on-line request for a Handgun Qualification License after October 1, and the HQL will be issued to such requesters without further application or fee.]



12. The bill removes all firearms rights from persons targeted by out-of-state "protective" orders, without any language requiring that that the targeted person have an opportunity to receive notice and defend himself in court before the disqualification is applied. I see no language in the bill or the underlying code limiting the scope of this provision to domestic partners, although some say that is the intent. (For the details, see the language from the regulated firearm application requirements on page 35, which is replicated at several other points in the bill in order to apply to regular long guns, ammunition, etc.)



13. The bill removes all firearms rights from persons who are currently protected by court-appointed guardians (either guardians of the person, or guardians-of-property for non-minors), without any language requiring a finding of danger to oneself or others, and without any exceptions for temporary possession for participation in shooting sports and the like. The only exception is a guardianship based purely on a "physical" disability. (See the language from the regulated firearm application requirements on page 35, which is replicated at several other points in the bill in order to apply the disqualifications to regular long guns, ammunition, etc.)



14. The bill would make it a new crime to "during and in relation to a crime of violence . . . possess or use restricted firearm ammunition." (Page 6.) The definition of what constitutes "restricted firearms ammunition" changed substantially during the legislative process, and I do not have the technical competence to explain the final language. I underscore that this is not a ban on sale or possession of such ammunition, but only on use in relation to a crime of violence.



15. The bill contains the Simmons Amendment (page 19, lines 16-27), which would disqualify from firearms ownership those persons who received Probation Before Judgment for certain crimes that are listed in the amendment. As amended on the House floor, this would not apply to PBJs that are expunged. The Simmons Amendment is discussed in detail in a separate thread, in which I have reproduced the entire provision verbatim, here:

http://www.mdshooters.com/showthread.php?t=113930



16. The bill provides (page 55) that a regulated firearms owner "shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovered the loss or theft." This will apply to handguns and grandfathered pre-ban "assault" weapons, not "regular" rifle guns and long guns. Anyone who "knowingly and willfully violates" this requirement is subject to a $500 fine on the first offense, and to 90 days and/or a $500 fine on any subsequent offense. Dealers and other persons who sell or otherwise transfer a regulated firearm are required to notify the recipient of this requirement. (page 55) The provision provides no new penalties for the individuals who actually steal the guns (some of whom, I speculate, may also fail to first acquire a Handgun Qualification License).



17. The bill includes a new provision of law (pages 61-62) establishing that state records of firearms transfers, carry permits, etc., are not generally subject to public inspection, except by the person named in the records or his attorney.



18. The bill imposes blanket firearms disqualifications on various broad new classes of persons. By "blanket firearms disqualification," I mean a prohibition on acquisition or possession of any type of handgun or long gun (except those defined in state law as antiques), or any type of ammunition. These are found in various places in the bill, but you can get the gist if you read the requirements for a regulated firearms application that begin on page 33. These include: (a) people who "suffer from a mental disorder as defined in currently under the protection of a guardian appointed under either §13-201(C) (guardianship of property for adults) or §13-705 (guardianship of the person) of the Estates and Trust Article, "except for cases in which the appointment of a guardian is solely the result of a physical disability." (g) Anyone against whom a protective order has been issued by a Maryland court or a court in any other state (see paragraph no. 12 above). (f) Anyone who has received a Probation Before Judgment for certain enumerated crimes, unless it has been expunged -- this is the Simmons Amendment, described in paragraph no. 15 above, and in much greater detail THIS UPDATED AND EXPANDED SUMMARY DESCRIBES KEY ELEMENTS OF S.B. 281 , THE GOVERNOR'S GUN CONTROL BILL, IN THE FORM APPROVED BY THE HOUSE OF DELEGATES ON APRIL 3, 2013, AND ACCEPTED WITHOUT ANY CHANGES BY THE SENATE ON APRIL 4, 2013.Here is a non-lawyer summary of the final version of SB 281 , the O'Malley gun control bill, with an effective date of October 1, 2013. The complete, official text of the enrolled (final) bill is here . All page and line numbers below are to that enrolled bill.I have skipped some provisions that are of limited interest to a general audience -- for example, provisions giving the Maryland State Police expanded authority to monitor licensed dealers and impose sanctions on them. I am not a lawyer (but this is not the first time I've read a statute), and nothing below should be construed as legal advice. If you think some provision that I describe is going to cause you some personal legal difficulty, you should consult a lawyer expert in Maryland firearms law and/or federal firearms law -- and, where appropriate, criminal law.PLEASE REFRAIN FROM POSTING COMMENTS, IN THIS THREAD, ON THE GOODNESS OR BADNESS OF VARIOUS PROVISIONS. THIS THREAD IS INTENDED ONLY TO CLARIFY POINTS ABOUT WHAT THE BILL DOES OR DOES NOT DO. THERE ARE MANY OTHER THREADS WHERE YOU CAN VENT ABOUT THE BILL.Here it is:1. Beginning October 1, 2013, receipt of a regulated firearm, which from now on means a handgun (because currently regulated long guns are going to be madelong guns by the bill), generally will require a "handgun qualification license" (HQL), which is a license "to purchase, rent, or receive a handgun." (Pages 26-33.) The HQL is not required for an active or "retired" member of the armed forces of the United States or the National Guard, for active or retired law enforcement officers, nor will it be required for transactions by licensed firearms manufacturers or licensed dealers. Also, the HQL is not required for anyone to purchase any handgun defined in federal law as an antique, or curio or relic. (This has nothing to do with whether or not the handgun buyer possesses a federal "C&R" license and should not be confused with such. The bill makes no changes with respect to the previous rules for those who do hold the federal "C&R" license.) One must be age 21 to apply for the HQL. To obtain the HQL requires fingerprinting, a $50 fee paid to the state, and proof of satisfactory completion of either "a firearms safety training course approved by the Secretary [of the Maryland State Police]," which must be at least 4 hours long and cover certain specified subjects, or else has a certificate that he has successfully completed the Maryland Department of Natural Resources (DNR) course in firearms safety and safe hunting practices. [Updated Sept. 14, 2013: MSP Lt. John Cook, commander of the Licensing Section, affirmed in an email that all DNR-issued hunter safety certificates will suffice for this purpose, no matter when they were issued (DNR began issuing them in about 1976), unless a certificate was formally revoked by the DNR. The status of comparable certificates that were issued in other states to persons who are now Maryland residents, which the DNR law requires Maryland to accept for hunting-license purposes, is still under review.] There are certain exceptions to the, including an exception for anyone who "lawfully owns a regulated firearm" at the time of the application (how this will work is discussed here ), and another for any "honorably discharged member of the armed forces of the United States" -- these people still need the handgun qualification license, but would not be subject to the training requirement. (Another exemption to the training requirement applies to a "qualified handgun instructor," which includes among others "a certified firearms instructor who . . . has a certification issued by a nationally recognized firearms organization.") There are certain specifications for the training course, including the 4-hour requirement and a requirement that it include "an orientation component that demonstrates the person's safe operation and handling of a firearm." [Update, September 16, 2013: Handguns may be passed on by inheritance to Maryland residents who do not possess a HQL. This is because Public Safety Article Title 5 (Firearms), Subtitle 1 (the subtitle containing the laws on regulated firearms), contains a provision that specifies that Subtitle 1 "does not apply" to certain things, one of these being "(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm. . ." This is not new language from SB 281, but longstanding law. According to MSP Lt. John Cook, who heads the Licensing Section, "Because inheritance is generally exempted from the Subtitle 1, it is exempted from the HQL requirement." (Source: Email, Sept. 16, 2013)]2. New acquisition of any firearm defined as an "assault long gun" would be banned as of October 1, 2013, with narrow exceptions for law enforcement, military duty, manufacturers, certain defense contractors and the like. (Pages 8-15.) The ban would extend to all of the 45 named models of firearms (mostly rifles) previously listed as regulated in the Public Safety Article , including (as I read it) any long guns deemed to be "copies" of the named models by past or future interpretation. ( This 2010 memo by Attorney General Gansler will give you some idea of how state regulators determine whether or not a particular firearm is a "copy" of a model named on the list.) In addition, the bill would ban future acquisition of any so-called "copycat" firearms. Please note: do not confuse "copy" (see above) and "copycat." In this bill, the two terms mean two completely different things. The list/copy ban and the "copycat" ban are really twobans. In this bill, "copycat" doesmean that a firearm is really a copy of anything -- the term is just a political gimmick to refer to firearms that have the specific characteristics that will cause them to be banned. A firearm that meets any one of the "copycat" tests (see below) is banned even if it is not named on the list, or even if it is specifically exempted on the list.3. See page 10: A semiautomatic centerfirewill be a banned "copycat" if it meets any one of these three tests:(1) Has amagazine with the capacity to accept more than 10 rounds; or(2) has an overall length of less than 29 inches; or(3) "can accept" a "detachable magazine" and actually hasof the following three attributes: (i) folding stock, (ii) grenade or flare launcher, or (iii) flash suppressor. ("Flash suppressor" is defined on page 11 of the bill. The Maryland State Police have clarified that a "collapsible stock" isa "folding stock."4. A semiautomaticrifle will never be a banned "copycat" rifle under SB 281. (However, the Armi Jager "AP-74 commando type semi-auto," manufactured in .22LR by the now-defunct firm during the 1990s, would be banned because it appears by name on the carried-over list.)5. See page 10: A semiautomaticwill be a banned as an assault/copycat weapon only if it has a fixed magazine that can accept more than 10 rounds; this applies to both rimfire and centerfire. (If any pistol that meets this test is currently listed on the Maryland Handgun Roster, it will be banned by SB 281 anyway -- these are two separate laws with two separate prohibitions. So far, however, nobody has come up with any example of a Roster-listed handgun that would be banned by this new prohibition.)6. See pages 11-12: A semiautomaticwill be banned as an assault/copycat weapon if it has a folding stock. (The Maryland State Police say that a "collapsible stock" isa "folding stock.") Also banned is a shotgun that has "a revolving cylinder."7. "Assault" weapons and "copycat" firearms possessed as of October 1, 2013, will be "grandfathered" in (not banned) for both current Maryland residents and people who move to Maryland in the future. Their lawful owners may continue to possess them and to transport them. (Page 14, lines 9-16.) This would also apply to any such firearm for which the would-be owner "has a purchase order for. or completed an application to purchase" as of October 1, 2013" (note: that phrase was inserted on the House floor on April 3, in place of the earlier phrase referring to a "verifiable purchase order"). However, there are substantial doubts that such a previously ordered gun could be lawfully transferred to the buyer after October 1, unless the dealer had it hand before that date (e.g., a layaway). A resident of another state who lawfully acquires such a weapon after October 1, 2013, and who then moves into the state with it, would commit an offense. (It would be a crime even to bring such arifle into the state for a shooting competition, although just driving across the state with an ultimate destination in another state, with the gun unloaded and cased separately from ammo, would in theory be protected by a federal law, 18 U.S.C. §926.) Grandfathered assault weapons may be passed on by inheritance (page 12, lines 21-26). Current Maryland residents are not required to register their grandfathered "assault"/"copycat" firearms, but persons who move to Maryland after October 1, 2013, would be required to register such firearms (see no. 8 below).8. Anyone who moves into the state would be required to register "all regulated firearms" with 90 days after establishing residency (see page 52). This would apply to all handguns, except muzzleloaders and antiques (pre-1899), no matter when or where they were acquired. The registration requirement also be applied to any "assault" firearm that was lawfully possessed by the new resident prior to October 1, 2013. There will be a $15 application charge, which will cover any number of handguns/regulated firearms. It appears to me that criminal penalties would apply for failure to register a handgun within 90 days, but I would appreciate some lawyer well versed in the criminal code looking at that question. If I am right, a new resident might find grandpa's old service revolver in a trunk in a few years, take it down to the local gun shop to sell it, and end up arrested for failure to register the handgun within 90 days of establishing residency.9. Updated Sept. 13 and 16, 2013: This paragraph was originally devoted to discussion of the bill's requirement for possession of a Handgun Qualification License to "purchase, rent, or" a handgun. "Purchase" is self-explanatory, and "rent" is defined in the law, but "receive" is not defined. In the original presentation, I expressed concern on how this might be an issue, for example, when allowing novices to shoot handguns for the first time at a range. An inquiry to the Office of the Attorney General brought this response from an assistant attorney general on Sept. 12, 2013: "To the best of my knowledge, the Office of the Attorney General has not provided any Opinions or letters of advice on this issue." The AAG declined to offer to me any interpretation of "receive." I sent an email to the MSP in which I posed several scenarios in which a person who is under no federal or state disqualification to possessing a handgun, comes into temporary possession of a handgun, although she does not possess a HQL. (By the way, the hypothetical handgun is of recent manufacture, not a "curio or relic.") Scenario no. 1 involved a boyfriend taking his girlfriend to the gun club to try out a handgun for the first time -- I refer to this type of scenario as "temporary receipt for purposes of informal instruction or sporting purposes." Scenario no. 2 involved the boyfriend then loaning the handgun to the girlfriend to keep at her residence for defense, while she goes through the process of obtaining a HQL and purchasing her own handgun, with the understanding that she will return the handgun to the owner as soon as she lawfully acquires a new handgun; I refer to this scenario as a "bona fide loan."This is certainly helpful information, but a number of questions remain as to where the requirement for a HQL begins -- i.e., the meaning and scope of the term "receive." I have started a separate new thread on these "receive" issues here . The regulations issued by the Maryland State Police on Sept. 20, 2013 to implement the new law do not shed any further light on the scope of the term "receive."10. Future transfers within Maryland of "a detachable magazine" with capacity of greater than 10 rounds are banned. ("Detachable magazine" is defined on page 11, and the ban is found on page 16.) This is true whether or not the magazine is the manufacturer's standard issue for a certain pistol, and it applies to magazines that are associated with old guns. It would be an offense to even offer such a magazine for sale in Maryland. This law applies in Maryland. It does not banof any magazines that are lawfully owned or lawfully purchased -- for example, magazines that are part of guns purchased before the effective date of the act. Licensed dealers and manufacturers may still receive and transfer such magazines to out-of-state buyers.11. As a general rule, those who qualify for Maryland carry permits will required to undergo 16 hours of instruction before a permit is issued, and 8 hours before each renewal (i.e., every two or three years), with certain exemptions (pages 58-61). (One exemption to the training requirement applies to a "qualified handgun instructor," which includes among others "a certified firearms instructor who . . . has a certification issued by a nationally recognized firearms organization.") The training must include "a firearms qualification component that demonstrates the applicants proficiency and use of the firearm" (page 59); the details are spelled out in the draft regulations, and includes a requirement to fire the handgun at least once. The MSP Secretary has authority to waive the training requirement for applicants who have completed any "course" of instruction that he deems adequate. The bill would change current law (see page 7) so that permit holders could be criminally charged for carrying outside the bounds of any permit restrictions, in contrast to current law under which carrying outside of restrictions is dealt with administratively (for example, by revocation of the permit). The bill does not change the standards by which carry permits will be issued or denied, except for an applicant who is otherwise qualified but for some reason cannot meet the new training requirements. [Updated Sept. 12, 2013: MSP officials say that those who already hold Maryland carry permits may submit an on-line request for a Handgun Qualification License after October 1, and the HQL will be issued to such requesters without further application or fee.]12. The bill removes all firearms rights from persons targeted by out-of-state "protective" orders, without any language requiring that that the targeted person have an opportunity to receive notice and defend himself in court before the disqualification is applied. I see no language in the bill or the underlying code limiting the scope of this provision to domestic partners, although some say that is the intent. (For the details, see the language from the regulated firearm application requirements on page 35, which is replicated at several other points in the bill in order to apply to regular long guns, ammunition, etc.)13. The bill removes all firearms rights from persons who areprotected by court-appointed guardians (either guardians of the person, or guardians-of-property for non-minors), without any language requiring a finding of danger to oneself or others, and without any exceptions for temporary possession for participation in shooting sports and the like. The only exception is a guardianship based purely on a "physical" disability. (See the language from the regulated firearm application requirements on page 35, which is replicated at several other points in the bill in order to apply the disqualifications to regular long guns, ammunition, etc.)14. The bill would make it a new crime to "during and in relation to a crime of violence . . . possess or use restricted firearm ammunition." (Page 6.) The definition of what constitutes "restricted firearms ammunition" changed substantially during the legislative process, and I do not have the technical competence to explain the final language. I underscore that this is not a ban on sale or possession of such ammunition, but only on use in relation to a crime of violence.15. The bill contains the Simmons Amendment (page 19, lines 16-27), which would disqualify from firearms ownership those persons who received Probation Before Judgment for certain crimes that are listed in the amendment. As amended on the House floor, this would not apply to PBJs that are expunged. The Simmons Amendment is discussed in detail in a separate thread, in which I have reproduced the entire provision verbatim, here:16. The bill provides (page 55) that a regulated firearms owner "shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovered the loss or theft." This will apply to handguns and grandfathered pre-ban "assault" weapons, not "regular" rifle guns and long guns. Anyone who "knowingly and willfully violates" this requirement is subject to a $500 fine on the first offense, and to 90 days and/or a $500 fine on any subsequent offense. Dealers and other persons who sell or otherwise transfer a regulated firearm are required to notify the recipient of this requirement. (page 55) The provision provides no new penalties for the individuals who actually steal the guns (some of whom, I speculate, may also fail to first acquire a Handgun Qualification License).17. The bill includes a new provision of law (pages 61-62) establishing that state records of firearms transfers, carry permits, etc., are not generally subject to public inspection, except by the person named in the records or his attorney.18. The bill imposes blanket firearms disqualifications on various broad new classes of persons. By "blanket firearms disqualification," I mean a prohibition on acquisition or possession of any type of handgun or long gun (except those defined in state law as antiques), or any type of ammunition. These are found in various places in the bill, but you can get the gist if you read the requirements for a regulated firearms application that begin on page 33. These include: (a) people who "suffer from a mental disorder as defined in §10-101(F)(2) of the Health-General Article and have a history of violent behavior against the firearm applicant or another." (b) Anyone "found incompetent to stand trial under §3-106 of the Criminal Procedure Article." (c) Anyone "found not criminally responsible under §3-110 of the Criminal Procedure Article." (d) Anyone who has ever "been voluntarily admitted for more than 30 consecutive days to a facility as defined in §10-101 of the Health-General Article ." (e) Anyone who has ever "been involuntarily committed to a facility as defined in §10-101 of the Health-General Article ," for any length of time. (f) Anyone who isunder the protection of a guardian appointed under either §13-201(C) (guardianship of property for adults) or §13-705 (guardianship of the person) of the Estates and Trust Article, "except for cases in which the appointment of a guardian is solely the result of a physical disability." (g) Anyone against whom a protective order has been issued by a Maryland court or a court in any other state (see paragraph no. 12 above). (f) Anyone who has received a Probation Before Judgment for certain enumerated crimes, unless it has been expunged -- this is the Simmons Amendment, described in paragraph no. 15 above, and in much greater detail here . Anyone who is disqualified under the mental health or guardianship provisions may apply to the Department of Health and Mental Hygiene for "relief," meaning partial or complete restoration of firearms rights. Such an application must be accompanied by extensive documentation, including a statement by a psychiatrist or psychologist stating an opinion as to whether the applicant would be a danger to himself or others (these licensed professionals are granted immunity from liability for these opinions), authorization to view all medical records, "three statements . . . attesting to the applicant's reputation and character relevant to firearms ownership and possession including . . . at least two statements provided by an individual who is not related to the applicant," and so forth. The department is supposed to grant or deny the application within 60 days. If denied, the applicant has a right to request a hearing, or appeal to the circuit court. This so-called "restoration" process does not apply to disqualifications imposed by the Simmons Amendment, which can be lifted only by the legal process of expungment. Last edited by ddeanjohnson; August 25th, 2015 at 07:16 AM . Reason: Deleted rogue links to games inserted by unknown parties.