Help needed with a transfer

CPE1980 · Sep 2, 2015

Hey Shooters. I have a question about transfers and was hoping someone with a good knowledge of the law could help me because I have heard different stories.

I purchased a complete lower in September 2013. I never got around to building it and have decided to sell it. Does it need to be transferred through the State Police or FFL or can it be sold f2f since it is just a lower?

I heard it can be ftf since it was purchased before the law changed as long as there is a bill of sale.

Any information would be greatly appreciated. I don't want to do anything illegally.

Thanks in advance

Pinecone · Sep 2, 2015

Must be transferred through MSP or an FFL.

MSP considers a lower a regulated firearm as it COULD be build into a pistol.

Brooklyn · Sep 4, 2015

Once transfered it can not be built into a now banned configuration . it was never lawful to sell a lower ftf.

Slap an hbar upper on it and it can be sold ftf. Iirc.

Ask a private ffl or atty if you need advice. This is just background information.

Asking msp is not a recommended method of obtaining reliable info..

Pinecone · Sep 5, 2015

I would keep the lower, as YOU can build it into any configuration you want.

Once sold, it becomes a post-ban lower for the rest of eternity (or until it gets sold outside MD, which requires FFL transfer).

marylandmark · Sep 5, 2015

Did you buy it as a rifle or other? I thought complete lowers were transferred as rifles? Put an upper on it, sell it as a complete rifle ftf and then have the friend gift you the upper back? IANAL

fabsroman · Sep 5, 2015

Pinecone said:
I would keep the lower, as YOU can build it into any configuration you want.

Once sold, it becomes a post-ban lower for the rest of eternity (or until it gets sold outside MD, which requires FFL transfer).

I thought your position was that if it was not built into a now banned configuration before October 1, 2013, it cannot be built into one now. At least that is what you were saying MSP's position was. Has your position changed, or am I incorrect about what your position used to be?

swinokur · Sep 5, 2015

MSP advisory. Pre ban lowers can be built into anything.
.
.

fabsroman · Sep 5, 2015

swinokur said:
MSP advisory. Pre ban lowers can be built into anything.
.
.

Thank you.

fidelity · Sep 5, 2015

fabsroman said:
I thought your position was that if it was not built into a now banned configuration before October 1, 2013, it cannot be built into one now. At least that is what you were saying MSP's position was. Has your position changed, or am I incorrect about what your position used to be?

His position changed. He was erring on the side of caution. If you download the PDF of the advisory (I've posted it before but am on the phone now), it's dated May of 2014. However they just made it available through their website a couple months back.

Pinecone · Sep 5, 2015

fabsroman said:
I thought your position was that if it was not built into a now banned configuration before October 1, 2013, it cannot be built into one now. At least that is what you were saying MSP's position was. Has your position changed, or am I incorrect about what your position used to be?

Yes, and no.

My position was, as you stated that it needed to built as banned, BEFORE the ban. This was based on MSP giving conflicting responses to requests for clarification. And their treatment of SBRs, supported my position (that if not built before 10/1/13, has to meet current rules)

This past summer, MSP quietly put out a bulletin that finally set down their official position.

Which is that a pre-10/1/13 lower may be built into any configuration.

So, yes, I did change my position, based on this bulletin.

Brooklyn · Sep 6, 2015

Pinecone said:
Yes, and no.

My position was, as you stated that it needed to built as banned, BEFORE the ban. This was based on MSP giving conflicting responses to requests for clarification. And their treatment of SBRs, supported my position (that if not built before 10/1/13, has to meet current rules)

This past summer, MSP quietly put out a bulletin that finally set down their official position.

Which is that a pre-10/1/13 lower may be built into any configuration.

So, yes, I did change my position, based on this bulletin.

They know what unenforceable means..

All that has to happen is that it was mated with a now banned upper.. anywhere before, Oct 2013..

Of course SBR is still an issue if oal < 29. Maybe.. stand by

Pinecone · Sep 7, 2015

Brooklyn said:
They know what unenforceable means..

All that has to happen is that it was matted with a now banned upper.. anywhere before, Oct 2013..

Of course SBR is still an issue if oal < 29. Maybe.. stand by

This is what I am waiting for.

Help needed with a transfer

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