Here are a few more interpretations being given by the MSP regarding SB-281.
Q: May I build my lower receiver purchased after 10/1/2013 into an assault long gun?
A: No, a lower receiver of a banned assault long gun purchased after 10/1/2013 may be built—provided there is compliance with federal and other state
laws—only into a handgun, a short barreled rifle that has an overall length of 29 inches or greater, or if the lower receiver is an AR15 platform, into a
heavy barrel model.
Q: May I build my lower receiver purchased at any time into a handgun?
A: Yes, a lower receiver of a banned assault long gun may be manufactured provided there is compliance with federal and other state laws—into a
Q: Do I need a Handgun Qualification License (HQL) in order to purchase a lower receiver?
A: No, a lower receiver of a banned assault long gun is classified by the State
as a “firearm,” but not a “handgun”. A Handgun Qualification License (HQL)
is only needed if you are purchasing a handgun that is not classified as a
curio and relic.
The above information has been posted on the MSP Licensing Division’s web site under the FAQ’s for firearm dealers. They have not released an official advisory because it continues to be re-written and then held by the Governor’s Office.
In Maryland there is a reluctance of the minority party elected officials to stand up to the majority party in the House and Senate.
While there are exceptions, the rule is that most elected Republicans are more worried about upsetting their Committee Chair than they are about passionately opposing proposed legislation with which they disagree.
I can not tell you how sick it makes me to hear an elected Republican say they won’t violate the “Second Reader Rule” because they don’t want to be disrespectful to their committee chair.
The Second Reader Rule does not exist anywhere in the House Rules. In fact, no other State in the Union has such oppressive institutionalized tyranny.
The Second reader rule, is a rule made up by the majority party which, says no member of a committee should speak against a bill when it comes out of their committee and goes to the floor for Second Reader.
Second Reader is when you can amend a House Bill. The majority effectively keeps the members of the minority party who know the most about any problems with any Bill coming out of their committee from participating in opposition to the bill through amending it. The majority argues the minority members should support their Committee Chairperson and the Committee process by not standing or speaking in opposition to the product of the committee when the bill is being amended.
This voluntary compliance with a made up, un-codified rule, effectively allows the Majority party to silence the most knowledgeable minority opposition members from speaking against the bill.
This is only done with the acquiescence and voluntary agreement of the minority party.
I have spoken against this practice and violated the rule whenever it was necessary for me to speak against a bill coming out of my committee.
I was twice punished for doing so by being kicked out of the back room. (Yes, there really is a back room and I was the only Republican in the room with about 10 or 11 Democrats)
At one point, several years ago I tried to lead a rebellion where every Republican in every committee would stand up and speak against bills we were in opposition to on Second Reader and I argued, “They can’t punish us all if we all refuse to acknowledge the existence of the Second Reader Rule. My revolt was short lived because after I stood and made the point of challenging it other members of other committees failed to participate.
They were more concerned with not offending their Chairpersons than they were with representing their constituents to the fullest extent possible.
One of the worst committees as far as Republicans, fearing speaking out, is the Environmental Committee, its members are afraid of Chairwoman McIntosh and not willing to challenge the rule for fear of upsetting her.
With the general election coming up, every voter needs to demand that each Republican running promise they will ignore the Second Reader Rule.
Republicans will never be more effective if they continue to willingly handicap the ability and effectiveness of their representation by agreeing to participate in weakening their effectiveness as an opposition party member through adherence to the Second Reader Rule.
Ask your delegates and those running for the opportunity to represent you whether they will do so by giving 100% towards that representation and by ignoring the second reader rule.
It has become clear that the man occupying the White House is doing everything he can get away with to change America into his vision of what it should be. Unfortunately, that vision is a weakened America.
Obama is destroying us economically. He is destroying the protections that Americans had due to a strong separation of powers.
The Obama administration is using administrative agencies as unconstitutional weapons against the Liberty of the American people.
The IRS targets those who exercise First Amendment rights of free speech and free association and congress fiddles with solutions.
The Obama administration allows unconstitutional federal agencies such as the EPA to threaten, without due process, to garnish the pay of American citizens it deems to have violated environmental regulations.
The Obama administration opens our borders to hoards of illegal immigrants from anywhere in the world in violation of our own laws and Congress protests like a child denied candy instead of men and woman denied liberty.
The Obama administration lies, destroys evidence, ignores the Constitution and the laws of this Country to further an agenda that intentionally weakens our country.
Not since Mikail Gorbachev has any leader so efficiently and effectively dismantled a World Power.
Now is the time to choose sides, you can watch from the sidelines of History or become part of the Patriotic resistance to the destruction of the America. I am going to fight this until my last breath. I swore an oath when I joined the Marine Corps to defend this Country against all enemies, foreign and domestic, and I will keep that oath.
Please join me in pledging to do at least one thing each day towards that end. I am going to start by asking as many of you as possible to contact your Congressman or Woman and ask them to let their voice be heard load and clear, everywhere, not just in the press but on the floor of the House and Senate, that enough is enough, they need to stand up for us and the Constitution, everyday, every minute, they are in office representing us, or they will be removed and we will find someone who will.
What are you doing in this time when your Country so needs good men and woman to come to its aid?
I am deeply honored to have received the endorsement of the Free State Patriots.
The former Commander of the Maryland State Police Licensing Division, Captain Jack McCauley, signed a sworn affidavit on April 24, 2014, which acknowledges what most of what the law abiding 2nd Amendment Community had known and argued all along.
Captain McCauley, stated under the penalty of perjury, that while he was at a meeting with State Delegates where he was assigned to answer their questions about the Maryland Firearms Safety Act, (SB-281) that he was asked if the proposed ban on the sale of certain firearms and detachable magazines would have any affect on crime in Maryland.
As the Commander was about to answer the question he was directed by one of the Governor’s attorneys, Ms. Shanetta Paskel, to not answer the question.
I serve on the Judiciary Committee, the Administrative Executive Legislative Review Committee (AELR) and was asked to join the Assault Weapons Ban task force or “sub-committee”. While I am not sure it is the same incident that Captain McCauley was testifying about I can’t imagine there were two incidents so close in fact as that described by the Commander.
I was on one occasion in a conference room with Captain McCauley, Sahanetta Paskel, Esq., and about 8 or 10 other Democrat Delegates or Committee Staff, State Police or Administration officials.
Captain McCauley had been assigned to answer questions that the legislators may have about firearms in general and specifically about the Maryland Firearms Safety Act. After a very heated discussion about the Act, I directed some questions to the Captain who was seated to my left about the purpose and effect of the Maryland Firearms Safety Act. Before Captain McCauley could answer he was in interrupted by one of the Governor’s Attorney’s, Ms Shanetta Paskel, who instructed the Captain not to answer my question.
I immediately jumped up from my seat and objected to her interfering with my questioning of the Captain who was there for the very purpose of answering our questions so we could proceed out of an informed position and not out of ignorance. I told the Attorney she had no authority to interfere with the Commander’s 1st Amendment rights when I am trying to protect our 2nd Amendment rights.
I again directed my questions to the Captain, who had those I believed to be other officers to either side of him. Again, the Attorney butted in to direct the officer to not answer my questions. I began to yell at this point that this was bull, I complained that the executive branch was interfering with the legislative branch’s ability to set public policy. I promised Ms. Paskel that I would tell what she had done. I was very hot and very loud at that point because it was clear that the advocates had just went from ignorance to evil being the driving force behind an unconstitutional law which amounted to an illegal infringement on a Constitutional Right for the purposes of political gain. At that point everyone was very uncomfortable and the meeting broke up.
Just a few days ago, Captain McCauley gave sworn testimony that had he been allowed to answer my questions he would have stated that The Maryland Firearms Safety Act would have had no effect on crime in Maryland!
The banned firearms are almost never used in crimes. At most, they are used in 5% of firearms-related crimes in Maryland.
The banned firearms are also not used disproportionately in attacks on law enforcement officers. In fact, the majority of officers who are assaulted with firearms are attacked with handguns
The Act would not have an impact on Mass shootings. The Task Force to Study Those With Mental Illness and their access to Firearms (of which Captain McCauley was the Co-Chair)
concluded the most important factor to preventing mass shootings was ensuring proper mental health care to the public, treatment of mental illnesses, and training law enforcement officers.
That the banned magazines are common throughout Maryland and nearly all new semiautomatic handguns are sold with magazines with a capacity greater than ten, including the firearms used by the Maryland State Police and most law enforcement agencies in Maryland.
That persons wanting magazines with greater than a capacity of 10 rounds will get them by going out of State to make a purchase, rendering the Act’s magazine ban ineffective, except to restrict the rightful choices of firearms and magazines by law-abiding citizens.
Something that I nor anyone one else in the room was privy to happened immediately after the meeting broke up, when the Governor’s attorney, Ms. Paskel told the Captain why she had ordered him to not answer questions. The Captain states that she explained that he was ordered not to reply because “it’s not about policy, it’s about votes.”
In explaining what he believed the Governor’s attorney meant by that, Captain McCauley stated under oath that he interpreted her statement to mean the Gov. was pushing the Act solely to garner political favor, and either believed the Act would have not affect on crime generally or mass shootings, or did not care.
Captain McCauley went on to explain that this attitude is consistent with the Governor’s attitude towards firearms in general since when Captain McCauley was with the Gang Enforcement Unit and Firearms Enforcement Section he was involved with the seizure of a number of firearms that had nothing to do with crime, very few of which were banned by the Act, because an emphasis was placed on the seizure of firearms, because the Office of the Governor wanted to focus solely upon the number of firearms seized, and not decreasing crime.
What is most disappointing is not only that the Executive Branch of Government saw fit to use the State Police as a political tool to achieve a political end which not only does not make the public safer but actually puts them more at threat to harm from criminals, but the press will ignore this gross violation of the Constitutional rights of the citizens of Maryland. You will not see any headlines proclaiming that the Governor knew the lies he spewed to pass his gun control legislation were going to do nothing to curtail crime.
Few will actually hear of the bravery of Captain McCauley in coming forward to tell the truth as he experienced it. I want to thank “2A in MD” and or any others who obtained and made available the copies of the affidavit.
Every citizen in Maryland owes Captain McCauley a debt of gratitude for telling what all those active in protecting our Constitutional rights have argued and have known to be true but we could never prove.
Now we have to hope that the Courts will show the same kind of courage that Captain McCauley and other Patriots have shown in getting the real story out.
It is easy to defend the Constitution when it is not under attack! Too few are willing to stand up for their Constitutional rights when it is inconvenient to do so.
Share this story with your friends, family and other Patriots across the State so that as many people as possible can know what really was behind the “Maryland Firearms Safety Act”.
I did not ask that this Smigiel Banner be made or placed on the Highway, the organization offered to do it because of the probono work I have done on their behalf and on behalf of the idea of free speech remaining a viable option for citizens to pursue. When asked if I would object to having my banner next to the banner reminding citizens to remember those left to die in Benghazi I said I’d be honored to have my banner up with a remembrance of those who were betrayed by Barrack in Benghazi.
Under the category of you can not make this up, as the leader of the group of volunteers is speaking to the camera about the arrogance and abuse of power by government bureaucrats, up walks a man claiming to be from the government and here to protect the public from the hazards of this groups free speech exercise.
You be the judge, is this the type of Country or State you want to live in? What are you going to do to reclaim your god given rights which are being stripped away by self appointed government nannys?