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Monday, February 04, 2013

What The O’Malley-Brown Gun Bill Does

By Delegate Mike McDermott

The following breakdown is, by no means, exhaustive as it relates to the intricacies of this large document. I have attempted to break down the basic elements in the bill, and, at times, contrast the provisions with current law. There are a multitude of issues that arise from the proposed legislation which will be the subject of debate. Some reflection and modification of current law is in order, particularly as it relates to mental health issues. I also believe some attention needs to be paid to the issue of Criminal Background Checks. I will keep you posted on any proposed changes. A complete list of current firearm bills that have been proposed can be found on the MGA website. Here is the O’Malley-Brown Gun Bill breakdown:


Defines all Regulated Firearms currently listed as “Assault Weapons” as “Assault Long Guns”.
Defines “Assault Weapon” as an “Assault Long Gun”; an “Assault Pistol”; or a “Copycat Weapon”.
Defines a “Copycat Weapon” as “a semi-automatic centerfire rifle that accepts a detachable magazine”…along with any one of a long list of features.
So, the bill consolidates all of these types of firearms under the heading “Assault Weapon”.

“Copycat Weapon” is an “Assault Weapon; “Assault Long Gun” is an “Assault Weapon”; “Assault Pistol” is an “Assault Weapon”…yet a “Copycat Weapon” does not include an “Assault an Assault Long Gun” or an “Assault Pistol”???
The bill bans all “Assault Weapons” from being possessed or brought into the State of Maryland. There are some exceptions to the ban:

Assault Pistols possessed and registered prior to June 1, 1994
A Licensed Firearms Dealer can continue to possess/sell/transfer an “Assault Long Gun” or a “Copycat Weapon” lawfully possessed on or before 10-1-2013. (Note: it seems that “Assault Pistols” are not included)
An individual gun owner who lawfully possessed an “Assault Long Gun” or a “Copycat Weapon” before 10-1-2013 and registers the weapon with the State Police prior to 11-1-2013 may continue to possess said weapon.(Note: Exceptions remain for tubular fed rifles in .22 caliber)

The bill limits all magazine capacities for any firearm to 10-rounds.
(Note: current law allows restricts to 10-rounds for a handgun/20-rounds for a rifle)

The bill adjusts the penalties and expands the definition for utilizing an “Assault Weapon” and/or magazines of greater than 10-rounds in the commission of a crime.
(Note: Current law only addressed Assault Pistols or a magazine of over 20 rounds).

Mental Health Issues/Adjustments:

Those under a court ordered Involuntary Commitment must surrender any firearms in their possession if the attending physician deems it appropriate. Once surrendered, the weapons cannot be returned until the individual is granted relief through the State Health
Department after meeting several criteria for removing the disqualification stipulation.
Those who have been found “Not Criminally Responsible” are disqualified.
Those who have been voluntarily or involuntarily patient for 30 consecutive days or more are disqualified.
Those who have been declared unable to possess a firearm by a court based upon credible evidence of their dangerousness to others are disqualified.
Those under the protection of a guardian appointed by a court are disqualified.
In Order to Purchase a Hangun…:

Possess a valid Handgun Qualification License;
Not be prohibited by Federal or State law from possession
Creation of a “Handgun Qualification License”:

This will be the means through which a person becomes authorized to “purchase, rent, or receive a handgun.” In order to take possession of a handgun, the following criteria must be met:In order to qualify for a Handgun Qualification License, the individual must:

Be at least 21 years of age;
Be a resident of Maryland;
Attend a state approved Firearms Safety Training Course within one-year prior to the purchase of the firearm.The 8-Hour Firearm Safety Course must include the following elements:
Classroom instruction on:
1. State Firearm Law;

2. Home Firearm Safety; and

3. Handgun Mechanisms and Operation.

Firearm’s Qualification demonstrating personal proficiency with the firearm.
Apply to the Central Repository for a National and State Criminal History Check

1. Submit two complete sets of legible fingerprints to the FBI;

2. Pay a fee associated with a Criminal Background Check to the state;

3. Pay a fee associated with the FBI Background Check

Pay a $100.00 non-refundable Application Fee.(Note: The Handgun Qualification License is good for five-years and can be renewed by meeting the same standards as prescribed in the original application and paying all associated fees required).

Individuals who move into Maryland after 10-1-2013:
The bill appears to prohibit bringing any Assault Weapon into the state following the ban date. Regulated firearms that are brought into the state after this date:

Must be registered with the MD State Police within 30-days after establishing residency;
Must pay a non-refundable fee of $15.00 per weapon registered.

35 comments:

  1. Sounds like the preamble to another gun confiscation bill...

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  2. The backlash will be the death of the democrats in Maryland.

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  3. This is insane, even the democrats should be outraged by this. This tells me that O'Malley really wants to get rid of all guns in Maryland. Our legislators need to step up and stop this immediately.

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  4. "Attend a state approved Firearms Safety Training Course within one-year prior to the purchase of the firearm."

    Does this mean every couple of years I will have to take a Firearms Safety Training Course?

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  5. Just another tax to register a gun.

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  6. Bet that kid in CT would have taken all the proper steps to comply with this proposal after stealing his mother's guns and before wiping 20 six year olds off the face of the earth along with a half dozen adults. Certainly makes a lot of sense doesn't it?

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  7. Why is this even debatable!?!? This is clearly an attack against the 2nd amendment, thereby being an attack against our Bill of Rights and Constitution and therefor an attack, an act of war against We the People! I insist my representatives charge these terrorist and traitors and put them on trial immediately!!

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  8. What can we do to stop this?

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  9. So my wife will be taxed to protect our children. I will be taxed to protect my family. My kids will be taxed to defend themselves. God gave me and my family the right to defend ourselves not the goverment so you cant take it away. The second amendment is also our right and not one you can strip from the good people of Maryland.

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  10. Haha, you're funny 10:40.

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  11. Just another tax...nothing to do with anything else but revenue...period. Guess the people have gotten the message...Sat. morning there were 50+ people, men & women, at Gander Mountain purchasing hand guns!

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  12. Maryland supreme court determined the ban on carry/conceal in Maryland was unconstitutional. O'Mally and Obama don't are about the constitution.

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  13. This is Maryland. It'll pass. I hate this state.

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  14. the patiots in 1776 knew how to deal with overlords like omalley and dabummer!

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  15. sounds like they just want money...

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  16. "Must pay a non-refundable fee of $15.00 per weapon registered." Coming from O'Malley, this says it all. Maybe everyone else will jump in too. Imagine the County and even Salisbury enacting the same tax (oops! I meant "registration to protect the children").

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  17. Just goes to show you how stupid we are to live in Maryland. FYI the FBI no longer accepts finger print cards it is all done electronically!

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  18. 1:11 they must I just did some

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  19. I was at Gander mt saturday and saw an Obama suporter I work with. I had to bust his balls when i saw him looking at guns. Now this is someone who doesn't have a clue about firearms. I told him this is going to be one of the smartest things you will ever do gust make sure you get some training. So I ask him what do you think Obama would think? He laughed and said I know I'm sorry everyone makes mistakes.

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  20. No one will be able to afford to buy and keep guns anymore.

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  21. I will not comply and anyone that forces the issue will pay the price. Stand for your rights.

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  22. Ridiculous. Pure garbage.

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  23. Our governments are quickly becoming equally oppressive and tyrannical as the British Empire, especially with all the stricter rules being passed and the abundance of taxes imposed on us and with the country's current multi-trillion dollar deficit, it is obvious that they will continue to tax us to death.

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  24. To ARMS the British are back!!

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  25. I hate maryland gun laws but I had the benefit of having taken a hunter safety course. I atleast have some gun safety knowledge but what about the person who doesn't. I don't mind the gun safety class but take it once and you are done. I don't mind the fifteen dollar fee per gun but I think once you take the safety class, you should be able to buy as many guns as you want with no waiting period. I would want more detail on mental health criteria. What if a person who said I want a gun to protect myself from a tyrannical government was deemed dangerous and couldn't buy or have guns. Maybe former military service would be a hazzard. I mean we(the government) taught you how to kill. You might just snap or have some undiagnosed mental disorder and if you had a weapon, there would be many causualties. This is a very slippery slope and liberal A holes like O'malley totally believe in incrementalism. If they get this today and the problem isn't solved then they will do something more draconian tomorrow. We must not let the camel's nose in the tent. I know one thing we can do is go to the rally in Annapolis on 2/6 at the state house. The purpose is to protest SB281. We must also consider not registering our weapons and fight it out in the courts. There is no justification for these measures to be taken. Our gun problem is in the areas of Maryland where tax payers have dumped millions of dollars and it remains a disgrace. Where in the bill does it say " if you use a gun to commit a crime it is a 20 year prison term with no parole to be served consecutive to time received with additional crimes"? It is the criminal element not law abiding citizens commiting crimes. If Omalley and company make it so damn difficult to get a gun even for home protection, most people will say forget it. This is his attempt at eliminating guns not solving to criminal or more importantly the cultural reasons for gun crime.

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  26. Time to Impeach O'malley And all the others who can not support the oath of office they took

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  27. Somebody inquired about the need to register their regulated firearms...let me point out, according to the bill, one would need to reapply for a license every 5-years and pay the same $400.00 plus fees (current number is estimated at $432) to undergo another screening and testing.
    It is truly a liberal gift that keeps on giving.
    Godspeed,
    Delegate Mike McDermott

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  28. This law makes three of my guns unsellable and illegal to buy, as they have "threaded barrels". Two shotguns have a swappable choke tube system, and one has an adjustable muzzle brake to improve accuracy. Just my regular hunting guns, pump and bolt action 3 shot guns.

    Bull$h1t!

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  29. Governor O'Malley, if you want to save the children please ban cars. 50 times more children are killed by motor vehicles than by guns.
    Only the police and Government should be allowed to have motor vehicles.
    This action will not only save millions of children, it will be environmentally correct. It will eliminate obesity too.

    NO NEW GUN LAWS. NONE!
    NO COMPROMISE!

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  30. anon1:11 you're wrong about the FBI only accepting Digital Finger Prints.

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  31. I speak for many when I say this --- I will not register a damn thing. Nothing. Want my guns? Show up at my house and give it your best. I'm certainly going to give you mine. Tell your wives and children goodbye before you come here, because a lot of you ain't gonna make it back home ....I am a law-abiding (up to this point), taxpaying homeowner who has no criminal record but, lets say, a FEW weapons. No one --- no one--- has EVER said I pulled a gun on them or waved one around, or threatened anyone with a gun. But NOW, all of a sudden, I am a DANGER? ONLY to politicians, but I really don't consider them fully human, so give me a pass there. But DO NOT come here to "confiscate" or "inventory" or "check" a damn thing. It ain't gonna work out that well for you....and I will come to the aid of anyone else who is having that problem. THAT'S how "we, the people" put an end to this hysterical & outrageous facist BS. What's it gonna take for the people to stand up??? House to house searches and internment camps? Its working GREAT in North Korea, but of course, THEIR citizens can't resist anything the government says or does....and you know why, don't you? DONT'T YOU???

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  32. 10:23...you're welcome. I meant every word. They, our supposed leaders, sworn to uphold and defend the Constitution, are taking us apart, bit by bit. Chipping away, little by little --- EXACTLY as the great Thomas Jefferson PREDICTED. His solution? Kill them. Bleed them out. Read what he said and you'll see - we are going through, and they are doing, precisely what he said they would. That was a brilliant man. If we don't somehow get a handle on their power, they will end up bleeding US out. The sheep are happy with the shepards. Real men, lovers of freedom and personal liberty and responsibility, are NOT. And we need to be ready to not only resist, but to come to the aid of others who do the same. THAT'S what its coming to....quickly, too.

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    Replies
    1. I told my wife that if it comes to that I will escort her and the kids to the back door because I will not comply. I will die with my guns as a free citizen and probably take a few of them with me. Please come on over to my house. Want to see an angry American? Bring it.

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  33. let me get this right you omalley obummer want me and my family and my children to give up our rights because of a few idiots? Next question will you be stationing a police officer outside my house around the clock to afford us protection just in case some deranged fool shows up? How about assigning police officers to each one of us to follow us around and protect us just in case some deranged fool shows up?
    Didn't think so! but you want us to become victims! Is that correct?
    Well that's not gonna happen!

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