In this blog and associated video we dig into the Federal Code and Maryland Code to detail some definitions that we should all be familiar with, like SBS, SBR, and AOW.
We cover handguns, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers, Suppressors, Moderators, Muzzleloaders, and "Any Other Weapon" or AOWs as Maryland likes to call them.
We touch on a small loophole that has to do with antique firearms and silencers, and point out that it is against the law in Maryland to carry nunchakus!
The following definitions and codes were used to make this blog:
US Code Chapter 44 Section 921:
Maryland Criminal Law Statutes 4-101, 4-201, and 5-621:
Handgun:
ATF:
29) The term “handgun” means—
(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.
Maryland Criminal Code §4–201:
(c) (1) “Handgun” means a pistol, revolver, or other firearm capable of
being concealed on the person.
(2) “Handgun” includes a short–barreled shotgun and a short–
barreled rifle.
(3) “Handgun” does not include a shotgun, rifle, or antique firearm.
Short Barreled Shotgun:
ATF: (6) The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.
Maryland Criminal Code §4–201. :
(g) “Short–barreled shotgun” means:
(1) a shotgun that has one or more barrels less than 18 inches long;
or
(2) a weapon that has an overall length of less than 26 inches long
and was made from a shotgun, whether by alteration, modification, or otherwise.
Short Barreled Rifle:
ATF: (8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
Maryland Criminal Code §4–201. :
(f) “Short–barreled rifle” means:
(1) a rifle that has one or more barrels less than 16 inches long; or
(2) a weapon that has an overall length of less than 26 inches and
that was made from a rifle, whether by alteration, modification, or otherwise.
Silencer:
ATF:(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Maryland Criminal Code §5–621. :
The only reference I can find, and maybe you can help here, is when a silencer is used in commission of a drug trafficking crime.
Some say a silencer is for attenuating (or silencing) the sound, whereas a suppressor is for reducing muzzle flash, but in the eyes of the ATF and Maryland state law, they are the same. This includes silencers, suppressors, and moderators, whether integral to the firearm or added on. Ultimately, a silencer, suppressor, or moderator is any device used to diminish the report of a portable firearm.
Muzzle Loader (Antique Firearm or replica):
ATF: (16) The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
Maryland Criminal Code §4–201 :
(b) “Antique firearm” means:
(1) a firearm, including a firearm with a matchlock, flintlock,
percussion cap, or similar ignition system, manufactured before 1899; or
(2) a replica of a firearm described in item (1) of this subsection that:
(i) is not designed or redesigned to use rimfire or conventional
centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition
that is no longer manufactured in the United States and is not readily available in
the ordinary channels of commercial trade.
Legal Loophole:
An interesting combination is the moderated, or suppressed, muzzle loader.
Because a muzzle loader is not a regulated firearm, adding a suppressor to it is perfectly legal and an ATF loophole if you will.
WTF is an AOW?
According to Maryland, any other weapon under Maryland Criminal Code §4–101 cannot be carried by anyone other police, special agent of the railroad, a Maryland Handgun Permit Holder, or someone who reasonably believes their life to be in danger.
An AOW can be:
OC Spray
Pepper Spray
Nunchakus
Dirk Knife,
Throwing Stars
Swicthblades
Bowie Knives
and more!!
Lesson Learned:
If you take one lesson away from this blog, I hope it is that their are regulations for EVERYTHING! It is up to you to know the law, especially if you choose to carry a weapon.
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