FYI - Maryland Private Transfer Ban

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This is just an FYI that the MD Governor's veto of the Private Transfer Ban has been overridden by the General Assembly.
https://www.nraila.org/articles/202...bly-overrides-vetoes-of-private-transfer-bans

Yesterday, the Maryland House of Delegates voted to override Governor Larry Hogan’s veto of House Bill 4 ... This law goes into effect in 30 days.

Senate Bill 208 and House Bill 4 ban the sale or transfer of long guns between private individuals without first paying fees and obtaining government permission. Firearm transfers such as loans and gifts between friends, neighbors, or fellow hunters, are not exempted.

We'll need to pay attention to this to see what the inevitable court cases bring about.

The summary of the bill requiring an FFL to handle private transfers is below.

Bill Summary:The bill requires that, before a sale, rental, or transfer of a rifle or shotgun is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee both request that a licensed firearms dealer facilitate the sale, rental, or transfer. A dealer who agrees to facilitate a sale, rental, or transfer must (1) process the sale, rental, or transfer as though transferring the rifle or shotgun from the dealer’s own inventory to the purchaser, lessee, or transferee; (2) conduct a background check onthe purchaser, lessee, or transfereethrough the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS Index); and (3) comply with all federal and State law that would apply to the sale, rental, or transfer, including all inventory and recordkeeping requirements. The seller, lessor, or transferor may (1) deliver the rifle or shotgun to a dealer or (2) without appearing in person before the dealer, allow another person to deliver the rifle or shotgun to the dealer. If the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun, the sale, rental, or transfer may not be completed, and the seller, lessor, or transferor may remove the rifle or shotgun from the premises of the dealer or a gun show unless the seller, lessor, or transferor delivered the rifle or shotgun without appearing in person before the dealer, as specified, or otherwise left the rifle or shotgun in the exclusive possession of the dealer. If a dealer did not modify or alter a rifle or shotgun, the dealer who processes a sale, rental, or transfer under the bill may not be held civilly liable for the personal injury or property damage resulting from the malfunctioning of the rifle or shotgun.In general, a person who violates these provisions is guilty of a misdemeanor and on conviction subject to maximum penalties of imprisonment for six months and/or a $10,000fine. However, a person who provides false information while conducting a transaction under the bill is guilty of a misdemeanor and on conviction is subject to imprisonment for up to three years and/or a fine of up to $5,000. The above provisions do not apply to (1) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will or (2) a sale, rental, or transfer:

• involving a licensed firearms dealer or a federally licensed gun manufacturer, dealer, or importer;

• between specified immediate family members;

• involving law enforcement personnel of any unit of the federal government, a member of the U.S. Armed Forces, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;

• of a curio or relic firearm between collectors, as specified;

• of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;

• of a rifle or shotgun modified to render it permanently inoperative; or

• in which the purchaser, lessee, or transferee has a demonstrable religious belief against taking a portrait photograph and does not possess a license or an identification card of any kind with photographic identification.

The bill also prohibits a licensee or any other person from selling, renting, transferring, or loaning a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe (1) is prohibited from possession of a rifle or shotgun, as specified; (2) is visibly under the influence of alcohol or drugs; (3)is a participant in a straw purchase; or (4) intends to use the rifle or shotgun to commit a crime or cause harm to the purchaser, lessee, transferee, or recipient or another person. A person who violates this prohibition is guilty of a misdemeanor and on conviction is subject to maximum penalties of five years imprisonment and/or a $10,000 fine.Current Law: Maryland regulates the sale, transfer, rental, and possession of regulated firearms, which consist of handguns and assault weapons. However, Maryland generally does not regulate the sale of rifles or shotguns.A resident of Maryland who is eligible to purchase a rifle or shotgun under the laws of an adjacent state may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state. Likewise, a resident of an adjacent state who is eligible to purchase a rifle or shotgun under the laws of Maryland may purchase a rifle or shotgun from a federally licensed gun dealer in Maryland.Generally, a person is prohibited from possessing a rifle or a shotgun, with the exception of an antique firearm, if the person:

• has been convicted of a disqualifying crime;
• has been convicted of a violation classified as a common law crime and received an imprisonment term of more than two years;
• is a fugitive from justice;
• is a habitual drunkard;
• is addicted to a controlled dangerous substance or is a habitual user;
• suffers from a mental disorder and has a history of violent behavior against the person or another;
• has been found incompetent to stand trial or has been found not criminally responsible in a criminal case;
• has been voluntarily admitted for more than 30 consecutive days to a facility;
• has been involuntarily committed to a facility;
• is under the protection of a guardian appointed by a court under specified provisions of the Estates and Trusts Article relating to the protection of minors and disabled

Questions about the bills and what they mean to privater transfers of firearms in MD need to go in Legal where the law can be discussed.