Everytown Lobbyist Drastically Amends HB1104 - Leave a pistol at home while others in the house? CRIMINAL!

Under these bills (HB1104/SB1074), a law-abiding non-prohibited adult who loans a handgun to another law-abiding, non-prohibited adult must go through all the transfer requirements imposed by Section 5-124. That means that the transferee and the transferor must fill out a firearms application otherwise required by MD Code, Public Safety, § 5-118 (State Form 77-R) at a FFL or a State Police barracks, pay $10 and then wait 7 full days before completing the transfer. If the transferee to the loan were to return the handgun to the original transferor after the loan was over, the process would have to be repeated with still another Form 77-R and still another 7 day wait and still another check for $10. Under MD Code, Public Safety, § 5-144, a knowing “participation” in a “transfer” that violates Section 5-124 is punishable with up to 5 years in prison or a fine up to $10,000, “or both.” This bill overrules controlling precedent of the Maryland Court of Appeals, creates enormous legal traps for innocent gun owners while also bringing Section 5-124 into direct conflict with numerous provisions of existing Maryland firearms law. The bill is breathtaking in its scope.

The manuever is in effect an undoing of the compromise made in 2019 on SB346 (you can read our original testimony on those bills HERE).


Latest News

Handgun Qualification License ON TRIAL!

We are pleased that the court of appeals has allowed this important Second Amendment challenge to the Maryland Handgun Qualification License (HQL) to proceed to the merits.  We look forward to further proceedings in District Court.

You can read the opinion from the US Court of Appeals for the Fourth Circuit HERE

Court Uphold's MD's Taking of Rapid Fire Trigger Activators

 

In a sharply split, 2-1 decision, a panel of the United States Court of Appeals for the Fourth Circuit has held that Maryland may ban the possession of "Rapid Fire Trigger Activators" by existing owners without paying just compensation under Fifth Amendment or the Maryland Constitution.  The majority ruled that no just compensation was owed to existing, lawful owners because the ban “does not require owners of rapid fire trigger activators to turn them over to the Government or to a third party.”  In short, as far as this majority is concerned, the State is free to ban the possession of any personal property without paying just compensation unless the State puts the property into its own pocket or the pocket of a third party.  If that is the law, then no personal property, of any kind, is safe from the grasping clutches of the General Assembly.  For example, the State could ban possession of your existing car and not pay a dime.  The dissenting opinion ably demolishes the majority's reasoning.  Needless to say, we will be seeking further review.

You can read the ruling HERE.  Stay tuned.

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Maryland Shall Issue®, Inc.
9613 Harford Rd
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Baltimore, MD 21234-2150

Phone:  410-849-9197
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Web:   www.marylandshallissue.org