bullpup shotgun transfer loophole?

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  • 240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    I have a question, I'm thinking about buying a mossberg 500 bullpup from another member on the forum.:party29: According to MD law, a bullpup shotgun has a 7 day waiting period.:sad20: Normally this wouldn't be a problem, but i live on the eastern shore, and he lives on the western shore. I would prefer to not have to take two trips or stay in a hotel for seven days. I know quite a bit about the mossberg 500 bullpup series and I know that the shotgun inside the bullpup stock is a basic 500. would it be possible to take the stock off, buy it, and then transfer the shotgun itself as a standard 500 with no wait limit?
    Is this legal to do in MD? Novus?
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I have a question, I'm thinking about buying a mossberg 500 bullpup from another member on the forum.:party29: According to MD law, a bullpup shotgun has a 7 day waiting period.:sad20: Normally this wouldn't be a problem, but i live on the eastern shore, and he lives on the western shore. I would prefer to not have to take two trips or stay in a hotel for seven days. I know quite a bit about the mossberg 500 bullpup series and I know that the shotgun inside the bullpup stock is a basic 500. would it be possible to take the stock off, buy it, and then transfer the shotgun itself as a standard 500 with no wait limit?
    Is this legal to do in MD? Novus?
    Only the Mossberg 500 bullpup shotgun is on the list and is regulated. A Mossberg 500 with a regular stock is not regulated.
    Some people here disagree with me that you cannot make a regulated firearm into an unregulated, but they have never shown me why and since I know that federally you can make a rifle out of a handgun and it becomes a rifle, I do not see why you cannot do the same in MD. There is even a clause in the law stating you can make a regulated firearm into a non-regulated by modifying it to be permanently inoperable, so it is possible IMO to make a regulated into a non-regulated.
    Also, if the shotgun was never bought in MD as a regulated firearm, then how would the state ever know it was converted to a non-regulated configuration for transfer in the first place?

    (I am not a lawyer)
     

    Numidian

    Banned
    BANNED!!!
    Jul 25, 2007
    5,337
    Shrewsbury, PA
    Only the Mossberg 500 bullpup shotgun is on the list and is regulated. A Mossberg 500 with a regular stock is not regulated.
    Some people here disagree with me that you cannot make a regulated firearm into an unregulated, but they have never shown me why and since I know that federally you can make a rifle out of a handgun and it becomes a rifle, I do not see why you cannot do the same in MD. There is even a clause in the law stating you can make a regulated firearm into a non-regulated by modifying it to be permanently inoperable, so it is possible IMO to make a regulated into a non-regulated.
    Also, if the shotgun was never bought in MD as a regulated firearm, then how would the state ever know it was converted to a non-regulated configuration for transfer in the first place?

    (I am not a lawyer)

    **Glass is half empty approach**
    If they give you one way to make a regulated firearm, non-regulated then if there was another way they'd have mentioned that at that time.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    **Glass is half empty approach**
    If they give you one way to make a regulated firearm, non-regulated then if there was another way they'd have mentioned that at that time.

    NOt necessarily because the law does not state those are the only ways, does not state expicitly that you cannot convert, since it lists there is at least one possible means at least to convert, and since the courts have to rule in favor of the defendent when there is an unclear or ambiguous or even non-existent text prohibitting or addressing an act, then they have to rule for the defendant accused of a criminal act from what I gather.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Rule of Lenity:
    In construing an ambiguous criminal statute, the court should resolve the ambiguity in favor of the defendant. See McNally v. United States, 483 U.S. 350 (1987);
    any ambiguity in the meaning of the criminal statute should be resolved in favor of lenity. The doctrine of lenity is, of course, sound, for the citizen is entitled to fair notice of what sort of conduct may give rise to punishment
    http://supreme.justia.com/us/483/350/case.html

    I am not a lawyer and I didn't even sleep in a Holiday Express last night, so caveat empore.
     

    240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    essentially the mossberg 500 bullpup is exactly that, take away the bullpup stock, and you only have a standard 500, which is not a regulated firearm. An SBS isn't an SBS without the short barrel, A mossberg bullpup isn't a bullpup without the stock
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    essentially the mossberg 500 bullpup is exactly that, take away the bullpup stock, and you only have a standard 500, which is not a regulated firearm. An SBS isn't an SBS without the short barrel, A mossberg bullpup isn't a bullpup without the stock

    But putting a regular stock on it for transfer removes more doubt it is being transferred as a non-reggulated.
     

    240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    now I just have to convince the seller that this is legal and not some kind of shady business, I dont have a spare "stock" but I do have a spare pistol grip, is it still a non-regulated shotgun with a PG?
     

    240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    seems like if something looks cool, they make laws against it. I'd like to see one good reason why the bullpup is more dangerous than a standard 500 with pistol grip. These bills they make should have to pass through some kind of common sense panel before they are made into laws.
     

    ATTYSHOOTER

    Member
    Mar 31, 2009
    68
    We're better off that the other side has no common sense. It has to do with the fact that they make no effort to understand what they are trying to ban. Of course, if they did, they might learn that there is nothing so scary about a lawfully owned firearm in the hands of a law abiding citizen...
     

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