Monday, October 05, 2009

We're the Only Ones Chiefly Responsible for Putting Guns Back on the Street Enough

The chief of the Morningside Police Department in Prince George's County was fired this morning following media reports that he was under investigation for selling two weapons...

They said authorities were investigating a complaint that Eichelberger sold two weapons -- a handgun and a shotgun -- out of the trunk of his police car for $600. Authorities were investigating whether the alleged sales violated state gun sales laws. [More]
So did he?

Per Morningside ordinance:
Section 9-106.

Discharging or possessing firearms or other dangerous weapons

No person other than an officer in line of duty, or a person in the necessary defense of life or property, shall discharge any firearm of any kind, or any air rifle, within the limits of the Town. No person, other than a law enforcement officer, shall have in his or her possession while on the streets of the Town, any revolver, pistol, blackjack, brass knuckles, or other dangerous weapon except guns or archery equipment for game hunting or target practice which shall be no ammunition in either the barrel or magazine or arrows nocked.
Well, I don't see where it says the guns were loaded, but selling out of a trunk would indicate "possession while on the streets of the Town." But that's not the chief's rap.

And perhaps there's another "out" for the chief under state law. Per NRA-ILA's "Firearms Laws for Maryland":
Maryland does not regulate the sale of rifles or shotguns and no permit is required to purchase a rifle or shotgun.

Maryland does regulate the sale, transfer, rent and possession of regulated firearms, which consist of handguns and assault weapons. A person who is not a regulated firearms dealer may not sell, rent, transfer, or purchase any regulated firearm without going through a regulated firearms dealer. Alternatively, the prospective seller/transferor and prospective buyer/transferee may complete the transaction through a designated law enforcement agency.
Well there you have it--it seems the Chief "Only One" designated himself.

[Via Harvey]

3 comments:

straightarrow said...

The chief will walk, the "transferee is going to jail".

Temnota said...

No out for the chief. The only designated agency is the MD State Police, they do a separate background investigation, and there's a 7-day wait for all "regulated firearms" transactions. Maryland Shall Issue will make the MSP's collective life foul if they give this guy a free ride.

straightarrow said...

The prosecutor will give him a free ride.