Thursday, February 23, 2017

4th Circuit Ruling

The 4th Circuit Court of Appeals has ruled that my state is a-ok under Heller to ban AR-15s and AR mags that hold more than 10 rounds. 

You seen it elsewhere this week.  I am not news to you.

I just wanted to remind you what Maryland's cockamamie law means.  It's silly.  When it gets appealed to SCOTUS people will poke at its silliness.  I want you to know ahead of time.  Because it will be harder for the bad guys to prevail if people are laughing at them constantly.

First, Magazines!  Is it illegal to possess a 11 or more round magazine in this state since 2013?  Does this have any impact on mags you already had and aren't 'grandfathered' in?  Do magazines have to be tracked by the state with a serial number now? 

The answer to all of these is 'no.'  Perfectly legal for you to move to Maryland now with all your 30 round P-Mags, then drive to Virginina, buy more 30 rounders, and take them back to your house in Maryland and put them in the guns that Maryland has no idea you have or when or where you bought them and nothing in law to really compel you to prove you either bought them elsewhere.  Or in Maryland, for that matter.  The magazine ban is a paper tiger

Oh but you did buy a gun illegally in Maryland?  Well if you don't incriminate yourself by continuing to brag about it.  It would be hard for Maryland to prove anything about anything unless you confess or did all your crimes on camera.  Or unless you are already a prohibited person.  All the things you can do illegally and prevent you from buying a gun federally are also illegal in the state.  Illegal to the feds, also illegal to Annapolis.  But that's not the ruling.  The ruling is 10 round magazine and....

Second, Assault Weapons Ban:

"So I can't buy an AR, Tbolt?"

No, you can buy any AR-10.  You might be able to not even wait the full 1 week waiting period for that.

"So, AR-15 lowers are banned then?"

Well, no, you can buy a stripped lower if you want.  .223 are great for varmint hunting and Maryland's Deptartment of Natural Resourse is all for you potting groundhogs 365 days a year.

"Wait, so what is banned?"

Well you can't buy a whole AR-15 that isn't an HBAR.  Heavy Barrel AR.  If you bought the lower, well, you aren't supposed to attach an M4 upper on that.  If you bought the lower in Maryland, the state knows when you did that.  And if they see you bought that serial numbered part after 2013 and there is a non-HBAR upper on that lower, AND you get cross threaded with the po-po by say challenging the state trooper to a fist fight so he finds that weapon in the subsequent search, you may get into some hot water.  But the state never prosecutes the gun crimes as a rule.  They'll nail you for the first fight and either pretend to plea down the gun charge or ignore it completely.  Unless they need to make an example of someone and it is your unlucky day, you are safe-ish.  Don't get into fights with the cops.

"But I bought the lowers in PA when I lived there for 6 months or it's these other lowers I bought in Maryland back in 2010 that I have my M4 upper on.  Why isn't that banned"

It just isn't banned.  Not yet.  They'd have to pass more draconian gun control before that happens.

"But I bought the M4 upper in 2015!"

They don't know that.  Can't prove it.

"What if they pass laws that make all 'Assault Weapons' illegal and include confiscation measures?"

Well, the lowers they know about?   The non Pennsylvania bought Maryland lowers from 2010?   They'll send you a letter reminding you to surrender them.  Tell them you sold them and then sell them.  They want the uppers too, but how will they know about those?  If you surrender anything surrender the lower and nothing else.  You don't want the state cops going to the range and having fun with your AR.  But that's in the future.  Maryland hasn't passed that.  If they lose in SCOTUS because this ban is silly and a rights violation they will have a setback and be further from being able to do that.   With Gorsuch on the court they we have a better than average chance.  If Ginsberg retires and another Gorsuch is confirmed our chances are much much better. 

If we get 2 Gorsuch types in quick succession be sure to spit on the ground whenever you see a #NeverTrumpetStrumpet. 

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