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Old February 22, 2001, 11:56 AM   #1
dZ
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> Subject: Taylor's Press Release - Ballistic
> Fingerprint
>
> THE MARYLAND HOUSE OF DELEGATES
> ANNAPOLIS, MARYLAND 21401-1991
>
> FOR IMMEDIATE RELEASE
> February 21, 2001
>
> CONTACT: Devon Dodson
> Office of the Speaker
> (410)841-3916
>
> Speaker Taylor, State Police Resolve Handgun
> "Ballistic Fingerprint"
> Controversy
>
> (Annapolis, MD)-- House Speaker Casper R.
> Taylor, Jr. and the head of
> the Maryland State Police Department, Colonel
> David B, Mitchell,
> announced today that the State Police will work
> with Maryland gun
> dealers to create "ballistic fingerprints" for
> handguns sold in
> Maryland.
>
> As part of the Responsible Gun Safety Act of
> 2000, Maryland became the
> first state in the nation to require "ballistic
> fingerprinting of
> handguns to aid in law enforcement. Because
> some manufacturers need more
> time to adjust their processes to comply with
> the new law, Maryland gun
> dealers have experienced difficulty in
> obtaining legal handguns from
> manufacturers. The plan developed by Speaker
> Taylor and Colonel Mitchell
> will allow dealers to sell handguns in the
> State in compliance with the
> new Gun Safety Act while manufacturers change
> their processes to comply
> with the new law. The plan would allow the
> State Police to create the
> ballistic fingerprint for a six month period
> while manufacturers adjust.
>
> Under the plan, gun dealers who receive
> handguns from a manufacturer
> without shell casings included in the package
> will be allowed to bring
> those firearins to State Police representatives
> at designated locations
> around the State. State Police employees will
> then fire the handguns,
> collect and properly package the casings, and
> return the gun and the
> shell casing to the dealer. The dealer then
> keeps the shell casing with
> the gun until it is sold, at which time the
> dealer sends the shell
> casing back to the State Police with the
> already required gun sale
> information. The new program will begin as soon
> as it can be set up and
> will last for six months from the date it kicks
> off
>
> "The ballistic fingerprint provision in the
> Maryland law is a new law
> enforcement tool to assist the police in the
> detection of criminal gun
> use. The ballistic fingerprint provision and
> the gun safety act itself
> were never intended to be a ban on the purchase
> of legal handguns by law
> abiding citizens," said Speaker Taylon The
> Speaker went on to say that
> "The plan Colonel Mitchell and I have developed
> ensures that Marylanders
> not only retain their constitutional right to
> purchase and own legal
> firearms, but also the ability to buy those
> handguns while manufacturers
> adjust to Maryland's new requirements."
>
> The Responsible Gun Safety Act of 2000, which
> becomes effective in
> stages between October 1, 2001 and January 1,
> 2003, requires
> manufacturers to provide a shell casing with
> any gun shipped into the
> State, and requires that dealers forward that
> casing to the State Police
> upon sale of the gun. The casing is then
> entered into the Integrated
> Ballistic Identification System so that it may
> be compared with casings
> found at crime scenes. Some manufacturers have
> interrupted shipments
> into Maryland while they attempt to alter their
> procedures to comply
> with the new law, significantly affecting gun
> dealers' businesses and
> making it difficult for Marylanders to purchase
> legal handguns.
>
> "We are committed to implementing the
> ballistic identification segment
> of the Responsible Gun Safety- Act of 2090 in a
> way that does not create
> undue financial hardship on Maryland gun
> dealers" Colonel Mitchell said.
> "This plan provides an appropriate window of
> opportunity for
> manufacturers to make the adjustments
> necessary- to comply with our law,
> while maintaining the inventory for legitimate
> gun sales in Maryland."
>
> The State Police, through a federal grant to
> the Governor's Office of
> Crime Control and Prevention, will hire six
> former police officers to
> operate "bullet traps" designed to catch the
> bullets and extract the
> casings. This service will be made available at
> least one location in
> each county. Schedules will be arranged so that
> dealers can bring
> firearms to the location in their region at
> least once per week during
> the six month transition period. There will be
> a $20 charge for each gun
> processed in this manner. Those funds will be
> used to reimburse the
> grant money expended for the program.
>
> Speaker Taylor noted that "It is unfortunate
> that a fee is necessary to
> pay for this program but since manufacturers
> are unable to comply with
> the law at this time, this program will solve a
> problem no one
> envisioned and will allow Maryland consumers to
> purchase a legal
> product."
>
> It is expected that this one-time program
> allowing the creation of the
> ballistic fingerprint by the State Police
> instead of by the manufacturer
> will be in operation within the next two
> months. and will be in effect
> for six months from the date it first becomes
> operational. It will not
> be extended since it is envisioned that most,
> if not all, manufacturers
> will be able to comply with the ballistic
> fingerprint requirement by
> that time.
>
> Since the passage of Maryland's new Gun Safety
> Act, New York has passed
> a similar "ballistic fingerprint" law which
> becomes effective next month
> - California and Rhode Island have similar
> legislation pending.
>
> Mr. Greg Costa of the National Rifle
> Association said "It is clear that
> the Speaker has taken this problem very
> seriously and he has worked
> tirelessly 10 reverse what had predictably
> become a ban." Mr. Costa
> continued, saying that "Speaker Taylor listened
> to his constituents and
> took action. I look forward to his oversight
> efforts as other provisions
> of the 2000 law take effect."

>
> The Speaker stated that "I will continue to
> exercise my oversight
> responsibilities as a legislator to make
> certain that the regulatory
> process does not become burdensome to
> responsible, law-abiding citizens
> as these gun safety and crime prevention
> provisions are implemented."
>

>
> e mailto:[email protected]
>
>
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Old February 22, 2001, 12:28 PM   #2
md2lgyk
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Glad to see SOMEBODY in Maryland government has some sense. Although I work in Maryland and my gun club's there, I choose to live in West Virgina where CCW is "shall issue" and none of this nonsense happens.

What everybody seems to overlook is the fact that the so-called "ballistic fingerprint" (fired casing) is completely and totally worthless as a crime-solving tool. Assuming a casing is found at a crime scene and it happens to match a fired casing on file somewhere, a good defense attorney will ensure that this information never makes it to court. Think about it - the required evidentiary chain of custody doesn't exist. The only person qualified, in the legal sense, to testify about the casing on file is the one who fired the round. Good luck trying to find out who that was or where they are now. Further, there's no legal chain of custody from the time the gun is shipped to a dealer until it's sold and the casing sent to the State Police or wherever. Lots of room for reasonable doubt here. Finally, assuming the police are able to locate the owner of the weapon in question because of the fired casing on file, and thereafter come up with enough evidence to arrest him/her, that will also likely be thrown out as having been developed from tainted evidence (legally speaking, "fruits of the poisoned tree"). Except as a scheme for back-door registration, the whole idea's ridiculous. Don't even get me started on HB 1175!

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Old February 22, 2001, 01:04 PM   #3
Wallew
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Such a great idea. Right up to the point that in any semi-auto pistol can swap barrels into any like semi-auto pistol. Or geez, are they going to ban swapping barrels or purchasing replacement barrels without this ballistic fingerprint?

What maroons! They tried to do back door ban of handguns and got caught. So they stuck with the stupidity of this idea so they could say they 'weren't trying to ban handguns'. If you believe that, I have some beachfront property to sell you in west Texas. One more useless hoop for law abiding citizens to jump through. One more useless politicians 'making his mark to curb gun crime'. What a crock!
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Old February 22, 2001, 01:21 PM   #4
moa
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According to the press release, the MSP schedule to estabish the casing capture system and staff it is two months.

According to an article today in the Metro section of the Washington Times, that schedule is three months and not two months.

Of course, this whole MSP process to accommodate firearms dealers can be defeated. The retired state police officers hired to do the testing can just ignore the dealers requests, or put them off as long as they like.

The idea behind the Maryland Gun Safety Act (GSA) of 2000, which includes ballistic "fingerprinting" and requiring sales of only "smart handguns" in 2003 is to heavily curtail, if not down right stop, the sale of new handguns in Maryland.

I imagine the anti-RKBA forces in Maryland will now try and expand the GSA fingerprint requirement to all other types of firearms once they see how effective it is in curtailing handgun sales.
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Old February 22, 2001, 01:38 PM   #5
JBP
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Well this would have saved me $30. I just purchased on auction a Ruger SRH 454 from a dealer in Tennessee. It cost me an addtional $50 to have the dealer send the 454 back to Ruger in order to provide the shell casing. The Baltimore Sun article is not clear whether the test firing will be done only at gun dealers (i.e. gun shops) or will they also go to any FFL that handles transfers. This is only a temporary solution that will expire in six months. The permanent solution is the passage of HOUSE BILL 185 & SENATE BILL 758: Handgun Shell Casing Requirements - Repeal.
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Old February 22, 2001, 03:49 PM   #6
jimpeel
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So what happens when a bad guy goes to the local range and scoops up a few handfuls of his caliber and throws them out the window during the drive by to throw the cops off? The cops think there are several shooters and start kicking in doors of people who simply went to the range that day. In the mean time, the crime was perpetrated with a firearm that had no "ballistic fingerprint".

Be sure to pick up your spent cartridges, guys.
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Old February 22, 2001, 03:58 PM   #7
gitarmac
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About the post on hiring an attorney and chain of custody: It didn't work for the guy in Michigan that was charged with a crime even though he owned the gun and legally sold it five years earlier. Last I heard on this case was they dropped the murder charge and it's now unlawfull firearm possession, or something along those lines. He's still in jail. If something like this can happen then there is something woefully wrong with our juditial system. I can't believe how little attention this case has gotton from the gun folks.
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Old February 22, 2001, 04:17 PM   #8
madison46
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Don't the ballistic markings change after about 400-500 rounds?

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Old February 22, 2001, 05:12 PM   #9
moa
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gitarmac, wasn't that Michigan fellow a convicted felon and he is being charged with possessing a firearm, this being all they now can nail him with?

madison46, when the GSA-2000 fired shell casing provision was proposed, one of the first objections was that the "ballistic fingerprint" does change over time with use. And probably with less than 400-500 rounds. Also, if the gun being traced is a revolver, what are the odds that spent casing will be found at a crime screen?

One other aspect of GSA-2000 was how it applies to LEOs. Apparently it does not apply. Additionally, to sweeten the deal so-to-speak, the LEOs where given the option to buy confiscated firearms. As a close observer of the situation wrote about future encounters with LEOs.

LEO: "Hey,nice gun. You're busted!"

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Old February 22, 2001, 09:06 PM   #10
dZ
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here is a rebuttal i found in my in box:
> Taylor did us no favors - he gave us the shaft while helping himself.
>
> Consider the following:
>
> 1. There is still no guarantee that manufacturers and/or distributors
> will ship their products to Maryland.
>
> 2. There is no guarantee that after the deal expires in 6 months that
> manufacturers will be providing shell casings.
>
> 3. We pay a $20 tax to put a temporary bandaid on a problem Taylor
> helped to create. The General Assembly screwed up and we pay the bill.
>
> 4. Two bills repealing the ballistic fingerprint requirement are
> pending in the Maryland General Assembly. This so-called fix takes the
> wind out of our sails by giving the legislators an out for not
> supporting repeal by claiming that the problem is solved and there is no
> need to repeal the law. It also saves Taylor from a confrontation with
> Glendening which Taylor hasn't the will nor the political courage for.
>
> 5. If dealers refuse to pay the $20 tax Taylor and others can go to the
> press and news media claiming that they solved the problem and the
> dealers are at fault for no guns being available.
>
> If the quote by the NRA in Taylor's press release is accurate and
> complete it appears that the NRA is content with this so-called solution
> and willing to live with the ballistic fingerprint law.
>
> I for one am not. If you believe as I do please express your views to
> Casper Taylor.
>
> mailto:[email protected]
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Old February 22, 2001, 09:47 PM   #11
dZ
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Tough Gun Law Amounts to Gun Ban in Maryland
By Susan Jones
CNS Morning Editor
February 22, 2001
http://www.cnsnews.com/ViewNation.as...20010222a.html
(CNSNews.com) - Even supporters of Maryland's tough new gun law admit it has created a
"de facto ban" on gun sales in the state.

Maryland's gun "safety" law approved last fall requires gun makers to test-fire all guns
shipped into Maryland so each gun has a "ballistic fingerprint" on record. (Each spent shell
casing has unique markings that police theoretically could use to identify which guns were
used in crimes.)

But some gun manufacturers said providing a spent shell casing for each and every gun
shipped to Maryland isn't worth the time and money - especially since Maryland accounts
for only about two percent of national gun sales.

In response to the ballistic fingerprinting requirement, some gun makers simply stopped
shipping guns to the state, leaving dealers with fewer guns to sell.

Now even supporters of the gun law are scrambling to set things straight. House Speaker
Casper Taylor Jr., an Allegany County Democrat, said, "None of the law was intended by
anybody, from the governor on down, to be banning handguns in Maryland."

Maryland State Police Superintendent Col. David Mitchell echoed that sentiment: "We did
not, nor did we ever intend for this legislation to be a de facto gun ban, nor did we intend this
legislation to create an undue hardship on Maryland gun dealers."

Under a compromise worked out this week, Mitchell said Maryland state police will hire six
retired officers to test-fire all handguns shipped to the state. State police will charge dealers
$20 per gun to cover police costs, and the gun buyer ultimately will absorb that extra cost,
much to the dismay of dealers who fear a squeeze on business.

Here's the catch: Maryland state police will test-fire the guns only for six months, until gun
makers have "time to comply" with the law requiring them to provide the ballistic
fingerprints.

The compromise doesn't satisfy gun dealers. They say they'll have trouble filling orders in six
months, when state police stop collecting spent shell casings.

They also say the $20 fee for collecting spent shell casing amounts to a gun "tax." The
Baltimore Sun quotes Sanford Abrams, vice president of the Maryland Firearms Dealers
Association, as saying the $20 charge is "unconscionable." According to Abrams, the state is
"going to make money off this."

Abrams and other gun dealers have suggested that gun dealers themselves collect the spent
bullet casings and turn them over to police - an idea that state officials apparently don't
endorse.

On March 1, a ballistic fingerprinting requirement also will take effect in New York. Several
other states, including California, Florida and Massachusetts - reportedly are considering such
a requirment.

Maryland officials say as more big states that adopt such requirements, gun makers will feel
more pressure to set up their own ballistic fingerprinting system so they don't lose sales.
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Old February 22, 2001, 10:18 PM   #12
gitarmac
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Yep, that's the one, only I think he's being charged with felon firearm possesion, when in fact he legally owned the gun when he possessed the gun, they are charging him with possessing something he did not possess at the time because it suits them. I get the impression he's been in the slammer this whole time also.
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Old February 23, 2001, 07:19 PM   #13
dZ
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"FIX" FOR THE "NOT SO FREE" STATE'S
BALLISTIC FINGERPRINTING SCHEME?

A temporary "fix" has been approved to alleviate one problem caused by
Maryland's "ballistic fingerprinting" requirement—a law that went into
effect last October and has amounted to a de facto ban
on the sale of new handguns in the state. The new law
requires all handgun manufacturers to fire every handgun intended for sale
in Maryland, and forward the shell casings to the State Police. Gun makers
who are not equipped to comply with the law have not been able to supply
Maryland's gun dealers with their handguns since October 1, 2000, causing
the supply available to law-abiding citizens to dry up. The
quick-fix—orchestrated by the primary architect of the "ballistic
fingerprinting" requirement, Maryland's Speaker of the House Casper
Taylor, Jr. (D-Allegany)—will allow Maryland's gun dealers to sell
"non-fingerprinted" handguns if they take them to the State Police, who
will fire them and collect the shell casings. A fee of $20.00 will be
charged for each handgun—a cost that will be passed on to the consumer. In
effect, this "solution" replaces a de facto ban with a de facto tax on all
handguns. The new system is not expected to be in place for another 60
days, and will operate for only six months. While NRA is encouraged to see
the "de facto ban" problem being addressed, our ultimate goal remains the
repeal of this onerous law. Please contact your State Delegate and urge
him to support HB 185—Delegate Kevin Kelly's (D-Allegany) legislation to
repeal Maryland's "ballistic fingerprinting" requirement. In addition,
March 1, is the date set for hearings on legislation that seeks to tax all
ammunition purchases. Make plans to attend the hearings and express your
opposition to HB 1125. The hearings will be held on Tuesday, March 1, at
1:00 p.m., by the House of Delegates Ways and Means Committee, in Room 110
of the State Capitol. Also be sure to call your State Delegate and urge
him to oppose HB 1125. You can reach your State Delegate by calling (410)
841-3000. For those on the Internet, you can find contact information for
your lawmakers by going to NRAILA.org, and using the "Write Your Reps"
tool.
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Old February 24, 2001, 02:12 AM   #14
TexasVet
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Somebody in Maryland please take ten minutes to fire one round, then hit the chamber, pin, bolt face and extractor with a small file or emory cloth, fire another, etc, until one mag is fired and then send the cases to this idiot cop and legislator and ask them how many guns they were fired from. I will never again underestimate the criminally stupid ways they will use to outlaw our guns!
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