Stripped lowers legal?

reptileguy99 · Jul 15, 2014

I was thinking about going this weekend and look around want a new handgun then seen that on there face book the other day really want to build a pistol ar but I think I would have to see the paperwork

vinjet700 · Jul 15, 2014

rseymorejr said:
I believe that the MSP can have a backlog any time they want to. I believe last year's fiasco was the result of deliberate foot dragging.

The only thing I'm sure of on this thread is this.... ^^^ :sad20:

BIGCHRISS197 · Jul 15, 2014

This may persuade me to get my hql if this gets approved

clandestine · Jul 15, 2014

Lou45 said:
I've been holding off on posting the following in this thread since it started, well, until now. I've explored this exact matter and subsequently discussed it with my attorney last fall and his advice and explanation pretty much mirrored Nate's. Then I added to the equation by having a shoulder stock attached to the lower and my attorney remained with his initial position as a "no go". BTW, my attorney is VERY PRO 2A.

If a dealer wants to really "push the system" by selling AR15 lowers (not complete HBAR's) as non-regulated, I think that dealer had better be prepared for the possibility of a long absence from their firearms business if the state (MSP) becomes privy to this as the dealer's license could be suspended and possibly ultimately revoked (out of business for good) and not to mention the potential legal fees that the dealer could/will encounter, win, loose, or draw.

Agreed!

There is going to be ALOT of MD Dealers who are going to hate life once the new Regime in MD takes over. The MSP is going to tear apart every dealer who pushes the line.

Sure they may "win" in court but what is that defense going to cost them?

MDElite · Jul 15, 2014

Another thing to consider is who at MSP is doing the background check. They might not even be looking at the firearm on the 77r. Just checking the buyer. Even if the buyer gets a ND in seven days it might catch up with him later.

OrbitalEllipses · Jul 15, 2014

BBestPawn said:
Another thing to consider is who at MSP is doing the background check. They might not even be looking at the firearm on the 77r. Just checking the buyer. Even if the buyer gets a ND in seven days it might catch up with him later.

That sounds like a procedural oversight on their part, not the buyer's problem. This will likely play out as the FFL's problem for the most part, with unlucky buyers getting their lower confiscated. It could go further and they'd charge the unlucky buyers with all sorts of ******** tacked on chargers - God forbid that the person who bought the lower also has some other stuff MSP ain't fond of.

Not_an_outlaw · Jul 15, 2014

OrbitalEllipses said:
That sounds like a procedural oversight on their part, not the buyer's problem. This will likely play out as the FFL's problem for the most part, with unlucky buyers getting their lower confiscated. It could go further and they'd charge the unlucky buyers with all sorts of ******** tacked on chargers - God forbid that the person who bought the lower also has some other stuff MSP ain't fond of.

It would be interesting if the guns (previously receivers) were in a "legal" configuration. That would be really bad for PR a fodder for another lawsuit.

Biggfoot44 · Jul 15, 2014

As re post #146 , we've seen that MSP wasn't shy about knocking on doors about previously cash and carry guns they retroactivly wanted a 77R. Also remember that team on standby last year during the backlog to retrive the (turned out to be) non-flood of 8 day releases gone bad. An occasional clerical oversight on a 77R would probably shield the particular individual from prosecution , but not automatically a presecedent the first time or two it happens.

MDElite · Jul 16, 2014

Good news from MSP this morning. I emailed asking for their stance and received this back.

Donald Pickle -State Police-
9:42 AM (16 minutes ago)
to me
Dan,

"Yes, AR-15 lowers can be sold in Maryland. A recent opinion came down and basically stated that the AR-15 lower can not be banned because it can still be built into legal firearms (AR-15 pistol, SBR or heavy barrel).

A 77R is required with the sale of an AR-15 lower.

If you have any further questions feel free to contact me."

***LOWER RECEIVERS ARE ORDERED AND SHOULD BE HERE IN A FEW DAYS***

44man · Jul 16, 2014

BBestPawn said:
Good news from MSP this morning. I emailed asking for their stance and received this back.

Donald Pickle -State Police-
9:42 AM (16 minutes ago)
to me
Dan,

"Yes, AR-15 lowers can be sold in Maryland. A recent opinion came down and basically stated that the AR-15 lower can not be banned because it can still be built into legal firearms (AR-15 pistol, SBR or heavy barrel).

A 77R is required with the sale of an AR-15 lower.

If you have any further questions feel free to contact me."

***LOWER RECEIVERS ARE ORDERED AND SHOULD BE HERE IN A FEW DAYS***

holy crap! will they be publishing that opinion so all the ffl's will get on board? i need to call my local gun shop.

MDElite · Jul 16, 2014

44man said:
holy crap! will they be publishing that opinion so all the ffl's will get on board? i need to call my local gun shop.

Not sure what they will be publishing. We would be happy to be your local gun shop.

NateIU10 · Jul 16, 2014

Bull. They're cash and carry, no 77R. Please don't just accept that they are regulated firearms. Just accepting such has gotten us to this point so far.

Drmsparks · Jul 16, 2014

Does the same concept apply to fals? I need an upper......

OrbitalEllipses · Jul 16, 2014

What the...

pbharvey · Jul 16, 2014

Maryland: where you have to build your own gun.

MDElite · Jul 16, 2014

Quick update from MSP

"An HQL is not required. The AR-15 lower is defined as a firearm. The HQL is specifically for handguns."

MDElite · Jul 16, 2014

NateIU10 said:
Bull. They're cash and carry, no 77R. Please don't just accept that they are regulated firearms. Just accepting such has gotten us to this point so far.

I'm asking about that now. I'll post response.

NateIU10 · Jul 16, 2014

BBestPawn said:
Quick update from MSP

"An HQL is not required. The AR-15 lower is defined as a firearm. The HQL is specifically for handguns."

Right. So if it's not a handgun, and it's not a firearm listed in PS 5-101(r)(2), how exactly does it "need to be sold on a 77R"? A 77R is needed for Regulated Firearms, and those are the only two classes of regulated firearms. Please, ask them that.

ETA: Thank you.

A1Uni · Jul 16, 2014

Great News!

That being the case, we have Detroit Gun Works lowers in stock.

MDElite · Jul 16, 2014

NateIU10 said:
Right. So if it's not a handgun, and it's not a firearm listed in PS 5-101(r)(2), how exactly does it "need to be sold on a 77R"? A 77R is needed for Regulated Firearms, and those are the only two classes of regulated firearms. Please, ask them that.

ETA: Thank you.

That's pretty much what I asked but without the PS 5-101(r)(2) part.

Stripped lowers legal?

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