transferring stripped lower that has been built to an HBAR
- Thread starter lennyk
- Start date
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I'd tend to think that in the eyes of the state, the lower is still a regulated "assault weapon" and an Evil Black Rifle. Since it's currently a no-go in this state to buy or sell regular ARs, I'm not sure there's a way to do it. Obviously IANAL.
If it is a legal post 10/1 build (ie HBAR) then the only way you can transfer it is face to face assuming you are both legal MD residents.
gungate
NRA Patron Member
I'd suggest you have your buyer purchase a lower himself and sell him everything around it and take $100 off the price. Keep the lower since it is registered pre-ban and build an AR later on down the road.
- Jan 31, 2009
- 3,286
It's a problem. It's on the books as a regulated item.
Moreover, the criteria to be an HBAR probably means it had to be sold by a MD dealer as an HBAR.
Of course there is no such thing in MD law, but hear me out.
A MD HBAR is a heavy barreled AR15 that the selling dealer can articulate to MSP that it was an HBAR. I take that to mean that it is in a dealers book listed as an HBAR, and the dealer has a catalog page or cut sheet showing it was an HBAR. Somewhere MSP can go look at a record somewhere and not have to make a forensic determination about an individual gun.
And I say MD dealer because MSP was getting funny about some out of state HBARs that folks bought right after FSA2013 went into effect.
I feel it is somewhat risky to build HBARs outside of buying one at a MD dealer, even though common sense and maybe even the letter of the law say it should be fine.
If we were following literal reading of the laws here, there wouldn't be any HBARs. My play is we take the gift we were given and not rock the boat.
Moreover, the criteria to be an HBAR probably means it had to be sold by a MD dealer as an HBAR.
Of course there is no such thing in MD law, but hear me out.
A MD HBAR is a heavy barreled AR15 that the selling dealer can articulate to MSP that it was an HBAR. I take that to mean that it is in a dealers book listed as an HBAR, and the dealer has a catalog page or cut sheet showing it was an HBAR. Somewhere MSP can go look at a record somewhere and not have to make a forensic determination about an individual gun.
And I say MD dealer because MSP was getting funny about some out of state HBARs that folks bought right after FSA2013 went into effect.
I feel it is somewhat risky to build HBARs outside of buying one at a MD dealer, even though common sense and maybe even the letter of the law say it should be fine.
If we were following literal reading of the laws here, there wouldn't be any HBARs. My play is we take the gift we were given and not rock the boat.
stringer bell
Active Member
- Aug 20, 2014
- 106
Mac entertain me for a moment. If state police are not going to ranges and or gunshops and giving people a hard time over what an hbar is why would it be risky to build one that falls under their guidlines?
I've been shooting sbr's at public ranges in Maryland for almost 10 years now. I have never been question about the legality of my sbr which carry a far more serious penalty than a post October non hbar. I just don't see an event in which barrel profile would ever be an issue.
No saying to break the law but md's hbar law is almost like 922r. One is far more likely to be a Victimt of the knockout game in Maryland than to see a post Oct hbar infraction
I've been shooting sbr's at public ranges in Maryland for almost 10 years now. I have never been question about the legality of my sbr which carry a far more serious penalty than a post October non hbar. I just don't see an event in which barrel profile would ever be an issue.
No saying to break the law but md's hbar law is almost like 922r. One is far more likely to be a Victimt of the knockout game in Maryland than to see a post Oct hbar infraction
Augie
Ultimate Member
When you think about it,it really makes your head hurt. You have to do the 7 day wait to buy a lower which sort of makes it a regulated firearm. You build it into a HBAR which is cash and carry, you go to sell but the lower is a regulated rifle which technically is no longer legal to sell in the great communist state of mdlandistan.
In other words I have no clue what the answer is but at least we are all safer now
In other words I have no clue what the answer is but at least we are all safer now
- Jul 29, 2014
- 50,067
SneakySh0rty
Active Member
If there is no real rush, re-selling it as a stripped lower via MSP Barracks or FFL and waiting the 7 days should work. Can just hand the buyer the HBAR upper and stock afterwards. Also, why would you need to go to Pikesville? Is that the closest MSP Barracks that handles transfers to you?
I am not saying this is logical, but given our laws, I feel that would be the safest route.
I am not saying this is logical, but given our laws, I feel that would be the safest route.
- Jan 31, 2009
- 3,286
Nor have I (ever been checked for anything...)
If the issue were to arise it would be part of something else. Another investigation that would cause the origins of the firearm to be looked at.
Bought regulated, presumably for a pistol build. Made into a rifle instead. OK you or its next owner says wait - its an HBAR and not banned.
MSP says OK - show us the documentation we accept articulating it is an HBAR. What do you have? Catalog sheet? Data (slick) sheet? Entry in an FFLs firearms record?
You say just LOOK at it! :-)
But that's what they don't do - they want documentation.
Look I could be all out of whack here. The MD HBAR is a funny critter and does not allow for common sense.
I base what I am saying on what more than one dealer FFLs have told me over the years.
OK....so assume you sell the rifle in pieces (lower and upper separately). The lower is fully assembled with a receiver extension and stock. Can't ever be a pistol at that point (it was already a rifle). Now what? And since it can only legally be an HBAR, why would it be regulated? If a judge who understands firearms hears this law it would be thrown out. It does not make any sense whatsoever. It seems like the easiest thing is to resell a stripper lower receiver via the "regulated" route. And yes, the receiver would be a "post ban" item.
- Jul 29, 2014
- 50,067
Now that makes sense.
+1. This was the reasoning behind my post when I said you can only sell it face to face if its now an HBAR.
Where would I contact the specific division of MSP that deals with such issues? I may have an idea.
gabe72
Ultimate Member
A strioed lower is strioed lower that coukd be built into a pistol or m4 style baned gun only thing that is an hbar is the barreled part of the upper, i woukd think a colt stamped hbar receiver is still the same thing
Dave
Ultimate Member
here's another scenario, what if you bought an hbar pre oct 1, and the ffl registered it as regulated. could you sell it f2f as an hbar?
