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Bills Filed In Maryland That Will Ban Imitation Firearms

Logan

While most U.S.-based airsofters have their attention on Massachusetts as there is a bill filed in the House of Representatives that may ban airsoft in the state, another front opened and this time it’s in the State of Maryland. Two bills, filed in the Senate and the House of Delegates, if passed and signed by Governor Larry Hogan, will outright ban airsoft in the state.

House Bill 879 (HB879) sponsored by Delegate Jill Carter (D, 41st District Baltimore) and Senate Bill 742 (SB742) sponsored by State Senator C. Anthony Muse (D, 26th District Prince George’s County) “AN ACT concerning, Public Safety – Imitation Firearms – Prohibition.”

There are just very minor differences in terms of text in these bills and can be reconciled later on if they go through the state legislative process.  Both propose the prohibition of manufacture, sale, offer of sale, or commercial transfer of a certain imitation firearm with HB0879 proposing to establish criminal penalties while SB0742 proposes civil penalties.

Both bills have the following definition of an “Imitation Firearm”:

(E) (1) “IMITATION FIREARM” MEANS A TOY, A DEVICE, OR AN OBJECT THAT SUBSTANTIALLY DUPLICATES OR CAN REASONABLY BE PERCEIVED TO BE A FIREARM OR A HANDGUN.

(2) “IMITATION FIREARM” DOES NOT INCLUDE A TOY, A DEVICE, OR AN OBJECT THAT:

(I) HAS AN ENTIRE EXTERIOR SURFACE AREA COLOR OF BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE, BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR IN COMBINATION WITH OTHER COLORS IN ANY PATTERN;

(II) HAS A BARREL THAT IS CLOSED FOR A DISTANCE OF NOT LESS THAN ONE–HALF INCH FROM THE FRONT END OF THE BARREL WITH THE SAME MATERIAL OF WHICH THE TOY, DEVICE, OR OBJECT IS MADE;

(III) HAS LEGIBLY STAMPED ON THE EXTERIOR THE NAME OF THE MANUFACTURER OR SOME TRADE NAME, MARK, OR BRAND BY WHICH THE MANUFACTURER CAN BE READILY IDENTIFIED;

OR

(IV) IS A NONFIRING COLLECTOR REPLICA OF AN ANTIQUE FIREARM

It is obvious that airsoft and other related firearm replicas would be banned by these bills. For now, the Bills have gone through the First Reading which is just a formality to kick things off. From the First Reading, the bills are then remanded to a Committee which is in charge of Public Safety bills. For airsoft players in Maryland, this is the opportunity for them to air their concerns and how it will affect their hobby and even local businesses that cater to airsoft. They can send their representatives together to state their case why they oppose the bills and perhaps try to propose changes in the text that will answer public safety concerns while airsoft remains a legal thing in the state.

For those who want to help in the campaign and lobby against the bills, they can join “STOP the MD Airsoft & BB Gun Bans” on Facebook where the campaign is being coordinated. There, they can find information on progress of the bills and how to contact their local legislators to state their opposition.

This is turning into a game of whack-a-mole and airsoft players in the USA are not organized to effectively counter such proposals to ban airsoft. With two states right now proposing to ban airsoft, the attention is now divided.  The best approach will be a national organization of airsoft players that will work on protecting the hobby, just like other sports and companies do. But so far, no attempts have been made; even the airsoft industry in the USA does not encourage or support the formation of one. If you have heard of the saying “United we stand. Divided we fall” then you know that the airsoft community in the USA has to do. Facebook groups or online forums can only go so far, a real long-term airsoft organization is what is really needed in the country.

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