VA buddy's 5320.20 to MD disapproved..

ViperRy · Mar 1, 2015

VA buddy's 5320.20 to MD disapproved due to FSA 2013?

Is there a section of law in FSA2013 which prohibits a VA resident from bringing in a 29"+ OAL SBR to a bonafide range / shooting comp in MD or has the ATF been misinformed?

http://www.mdshooters.com/attachment.php?attachmentid=144993&stc=1&d=1425250491

swinokur · Mar 1, 2015

Someone else here had the same problem. BATF as usual is misreading the statute IMO. IANAL.

An SBR or SBS that is properly registered (stamp) is perfectly legal in MD. As long as you have a stamp it's legal. Rouchna had the same problem. he resubmitted with a copy of the statute. haven't heard back from him/. I believe he resubmitted with a copy of the statute.

BATF is applying the FSA 2013 limitations to a previously approved firearm, which to me is incorrect.

Here's the thread.

http://www.mdshooters.com/showpost.php?p=3624120&postcount=46

IANAL.

sheesh.

OrbitalEllipses · Mar 1, 2015

Did he "manufacture" the SBR after September 2013? He can't bring an assault long gun or copycat into Maryland if he didn't possess it before October 2013, is my understanding.

Pinecone · Mar 1, 2015

An SBR is not an ALG or a copy cat.

The second, because BATFE will not approve one under 29"

swinokur · Mar 1, 2015

The guy is a VA resident. why would a registered NFA item be banned? as long as he has a Fedreal stamp, why is it not legal in MD?

rouchna · Mar 1, 2015

I had the same thing happen. I sent in another Form 20 along with the MD code Swinokur gave me. I'm still waiting to see if it gets approved.

swinokur · Mar 2, 2015

Pinecone said:
An SBR is not an ALG or a copy cat.

The second, because BATFE will not approve one under 29"

If it's not 29" > it is a copycat. But the fact that he has a stamp would seem to make it legal but...

IANAL

from 281 copycat definition

[FONT=&quot]1[/FONT][FONT=&quot]3 [/FONT][FONT=&quot]([/FONT][FONT=&quot]III[/FONT][FONT=&quot]) [/FONT][FONT=&quot]A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS AN[/FONT][FONT=&quot][/FONT]
[FONT=&quot]1[/FONT][FONT=&quot]4 [/FONT][FONT=&quot]O[/FONT][FONT=&quot]VERALL LENGTH OF LESS THAN [/FONT][FONT=&quot] 29 [/FONT][FONT=&quot]INCHES[/FONT][FONT=&quot];

[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]

OrbitalEllipses · Mar 2, 2015

I don't think we can argue that a registered SBR isn't a centerfire semi-automatic rifle, so it's a copycat (that's why we can't make SBR under 29" right now anyway). Under current law it appears to be both a pistol and a rifle, but that doesn't help.

swinokur · Mar 2, 2015

But it's also a Federally registered firearm, which according to the statute, is legal to possess.

IMBLITZVT · Mar 2, 2015

OrbitalEllipses said:
I don't think we can argue that a registered SBR isn't a centerfire semi-automatic rifle....

Most certainly a SBR is not a centerfire semi auto rifle. Just as my M16 is not a centerfire semi auto rifle. Different tier in the system. MSP just has this wrong.

Think of it this way. My M16 is Centerfire...223, Semi auto... since selectfire has a semi only mode.... its fired from the shoulder and so a rifle.... However its still not since is a MG. Its a higher tier. SBR is a higher tier than a rifle and a lower tier than a MG. Thats why I can put any length barrel on my MG without doing SBR paperwork.

ironpony · Mar 2, 2015

swinokur said:
But it's also a Federally registered firearm, which according to the statute, is legal to possess.

+1

OrbitalEllipses · Mar 2, 2015

IMBLITZVT said:
Most certainly a SBR is not a centerfire semi auto rifle. Just as my M16 is not a centerfire semi auto rifle. Different tier in the system. MSP just has this wrong.

Think of it this way. My M16 is Centerfire...223, Semi auto... since selectfire has a semi only mode.... its fired from the shoulder and so a rifle.... However its still not since is a MG. Its a higher tier. SBR is a higher tier than a rifle and a lower tier than a MG. Thats why I can put any length barrel on my MG without doing SBR paperwork.

As far as a machine gun, we all know and even the law knows it's different. Your basis that a SBR isn't a centerfire semi-auto in the eyes of the law is what exactly? It's a different tier? Show it in the law.

FSA2013 prohibits banned guns (that weren't "grandfathered") from being from brought into MD...anything under 29" is banned, including SBRs right now. It did NOT make possession or transport of SBRs illegal. It depends on which basis ATF is denying the 5320.20 really.

teratos · Mar 2, 2015

IIRC, you can bring them in for competition, shooting events, target shooting etc. as long as you aren't moving here with it.

Pinecone · Mar 3, 2015

teratos said:
IIRC, you can bring them in for competition, shooting events, target shooting etc. as long as you aren't moving here with it.

Nope, you may not bring in ANY banned ALG that was purchased after 10/1/2013.

Not even for formal competition.

AK-47 · Mar 3, 2015

Would it be legal if it was on the MD pistol roster?
Maybe that is the bottleneck! Even though SBRs are federally regulated maybe
MD pistol roster test needs to pass too? I don't know, just as confused as everyone else. All I know is that my SBR's had to be on pistol roster to avoid being considered copycat weapons...

swinokur · Mar 4, 2015

The handgun roster is for sales or transfers. Has nothing to do with a legally possessed SBR.

AK-47 · Mar 4, 2015

swinokur said:
The handgun roster is for sales or transfers. Has nothing to do with a legally possessed SBR.

Thanks for clearing that up.

ViperRy · Mar 4, 2015

Thanks for your help fellas.

I'll instruct him to resend with the statute.

The lower was purchased prior to 10/2013.
The SBR was manufactured prior to 10/2013.
It has an OAL greater than 29"
It is lawful to posses a federally registered firearm in MD.

Under theses circumstances I hope they approve his 5320.20. It is beyond ridiculous how much confusion and misinterpretation that FSA2013 has caused even after 16 months of implementation. I pray the day that this unconstitutional law is overturned or repealed is in the near future.

swinokur · Mar 4, 2015

Good luck getting the dunderheads in Martinsburg to understand the law.

:sad20:

let us know what happens.

VA buddy's 5320.20 to MD disapproved..

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