NFA/HQL

TNW · Jun 15, 2014

Figured it was worth checking-

I have a registered SBR that was built on a Form 1 post 10/1. Do I still need to go through the standard HQL procedure or does this count as having a registered weapon?

I assume I still need to go the "standard" route rather than the exempted one... But worth checking!

Calengor · Jun 15, 2014

When you bought the rifle or receiver that you turned into an SBR did you fill out regulated paperwork? If so, then it counts.

TNW · Jun 15, 2014

Negative, not the MD state paperwork. Just the 4473 when I purchased the Rifle, and the Form 1. I'm assuming they need a 77r but I wasn't sure if the NFA paperwork was enough. Figured it was at least worth checking before dropping $160 on a class.

Thanks!

swinokur · Jun 16, 2014

You only need an HQL to purchase, not make.

Kingjamez · Jun 16, 2014

swinokur said:
You only need an HQL to purchase, not make.

Further, you only need an HQL to purchase, not posses.

-Jim

NateIU10 · Jun 16, 2014

Is an SBR a regulated firearm? Do you currently possess said regulated firearm?

Without knowing more, I would say that you can almost assuredly use the SBR as a training exemption to the HQL. I see this as no different than a person that moved to the state pre October 1, 2013 and wanted to use a lawfully possessed, never 77Red handgun as their training exemption.

swinokur · Jun 16, 2014

Well there you go. Straight from a lawyers mouf !!!

ETA-I deleted my post since it was obviously wrong !

Biggfoot44 · Jun 16, 2014

Did I blink,but I see the OP states the SBR is After 10/1/13.

swinokur · Jun 16, 2014

An SBR is considered a handgun, which is a regulated firearm.

it would seem from the OP that the lower was owned prior to Oct. 1. Maybe that's why it is ok?

TNW · Jun 16, 2014

The lower is a post 10/1 HBAR lower. I will try and get this sorted out today and let you guys know what the verdict is.

swinokur · Jun 16, 2014

Is it approved? MD says an SBR is a regulated firearm because it's a handgun.

TNW · Jun 16, 2014

I thought that's where te Form 1 vs Form 4 dilemma came into play...

swinokur · Jun 16, 2014

Well, it might, but no matter how it became legal, once it's made, by definition MD says it's a handgun.

Nate should probably jump in. MD law doesn't state how it came into being, just that an SBR is a handgun for statutory purposes.

But IANAL.

NateIU10 · Jun 16, 2014

TNW said:
I thought that's where te Form 1 vs Form 4 dilemma came into play...

I think we're all over thinking this.

(e) An applicant for a handgun qualification license is not required to complete a firearms safety training course under subsection (d) of this section if the applicant:

(6) lawfully owns a regulated firearm.

The Public Safety Article defines a regulated firearm as:

(r) “Regulated firearm” means1) a handgun; or(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:...

MD PUBLIC SAFETY § 5-101

Handgun in the PSA is:

(n)(1) “Handgun” means a firearm with a barrel less than 16 inches in length.(2) “Handgun” includes signal, starter, and blank pistols.

MD PUBLIC SAFETY § 5-101

There are multiple ways to own a regulated firearm without having to complete a 77R. I see no issues using a Form 1 SBR as your training exemption. If your SBR has a barrel less than 16 inches, and you are in lawful possession of the firearm, it can be a training exemption for the HQL, in my opinion. This is not legal advice.

TNW · Jun 16, 2014

Thanks guys... I do tend to over think things sometimes... Which is occasionally better than under thinking I suppose. I don't want to break the law.
I'll let you guys know how it works out.

TNW · Jun 16, 2014

So if I attempt to complete the online paperwork with the SBR exemption, the worst that can happen is that the HQL is denied correct? Is Glen Burnie the only place I can get a livescan, or is there a place closer to Baltimore?

6pack · Jun 16, 2014

Live scans are all over. The last time I needed one I got it from a place next to the Court House in Ellicott City.

swinokur · Jun 16, 2014

http://www.dpscs.state.md.us/publicservs/fingerprint.shtml

Flipz · Jun 16, 2014

6pack said:
Live scans are all over. The last time I needed one I got it from a place next to the Court House in Ellicott City.

That's FYI Fingerprinting. Quick and easy. I've had them do atleast 7 sets of prints so far and every time they've been great to work with. Plus for me, it's on the way to MSP in Pikesville. So I get my prints done and then onto MSP to drop them off. Gets everything done in an hour or so.

TNW · Jun 17, 2014

For the HQL I can submit prints online right (as in I don't have a choice)? Also - do I still need to do passport pics or is that linked to MVA?

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