SB281 Guns FAQ

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  • Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,241
    Outside the Gates
    It was originally sold as a stripped lower post 10/1. (i.e. it did not have a barrel profile specified.) What if it has an HBAR installed on the upper now? Seems to me like that should be legal unless I missed something.
    R

    Correct, but in your first question you specified banned
     

    ARRobert

    Member
    Nov 16, 2014
    4
    I appreciate the replies but I am not sure I follow.
    You are saying that if I have a post 10/1 lower that I buy as a complete rifle with a light contour barrel I cannot change it to an HBAR to make it legal? But if I buy a post 10/1 stripped lower I can add an HBAR and then it is legal? Do I misunderstand?
    R
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,241
    Outside the Gates
    I appreciate the replies but I am not sure I follow.
    You are saying that if I have a post 10/1 lower that I buy as a complete rifle with a light contour barrel I cannot change it to an HBAR to make it legal? But if I buy a post 10/1 stripped lower I can add an HBAR and then it is legal? Do I misunderstand?
    R

    You can't have a post 10/1 non-HBAR legal MD rifle


    You probably have one more chance

    In Post #620 the previously "banned" rifle became a post 10/1 stripped lower ... by MD definition, that lower is either a pistol or already HBAR
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You cannot legally buy a non-HBAR AR after Oct 1, 2013. It is illegal to sell in the state by state law. And illegal to be sold to an MD resident at an out of state FFL by Federal law.

    If someone has a pre-Oct 1, 2013 non-HBAAR AR rifle, they cannot sell it in any way to an MD resident. They COULD sell the low (regulated) and the upper separately, but if they were put back together by the buyer, that would be illegal.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    Yes. You can buy receivers in MD now. They have to go on a 77r. You cannot build an otherwise-banned rifle or pistol from them.
     

    toshu

    Member
    Nov 19, 2012
    23
    Ocean City
    AR pistol question

    I am planning on building an AR pistol w a post Oct 13 lower.

    My question for the group, is how long can the barrel be, or more importantly what can the OAL be?? Based on my readings, it seems to me that the OAL must be 26" maximum, but I may be too conservative in my interpretation

    Does anyone know of AR pistols being sold now that have an AOL greater than 26 that are approved??

    Thanks
     

    toshu

    Member
    Nov 19, 2012
    23
    Ocean City
    HBAR definition

    I am considering building an HBAR on a post Oct 13 lower and have some questions.

    Based on the 29 ' minimum length and copy cat rules, it seems that you can build one with a collapsible stock, as long as you dont have a FH. So OAL length measured from the open stock to the barrel end for either a non-threaded barrel, or one that is threaded but has a thread cap would appear to be easily doable.

    The tough question that I cant seem to find anywhere is how do you define a HBAR upper/ barrel.

    What is the minimum barrel diameter or contour that is OK??

    Does the barrel need to be stamped HB??

    Does it have to be a Bull barrel?

    Does it have to be a Colt HBAR barrel or upper?

    Can the Heavy Barrel be Fluted??
     

    MKR03

    Active Member
    Apr 1, 2014
    675
    State of Montgomery
    I am considering building an HBAR on a post Oct 13 lower and have some questions.

    Based on the 29 ' minimum length and copy cat rules, it seems that you can build one with a collapsible stock, as long as you dont have a FH. So OAL length measured from the open stock to the barrel end for either a non-threaded barrel, or one that is threaded but has a thread cap would appear to be easily doable.

    The tough question that I cant seem to find anywhere is how do you define a HBAR upper/ barrel.

    What is the minimum barrel diameter or contour that is OK??

    Does the barrel need to be stamped HB??

    Does it have to be a Bull barrel?

    Does it have to be a Colt HBAR barrel or upper?

    Can the Heavy Barrel be Fluted??

    Collapsible stock + flash hider is fine, just don't add a flare/grenade launcher. Collapsible stocks are not evil features. The terms "HBAR" and "heavy" are not defined in statute or COMAR. MSP has said that for the barrel to be heavy, the manufacturer has to advertise or describe it as heavy. They have not given any guidance as to diameter/dimensions. It does not need to be stamped, does not need to be a bull barrel, and does not have to be a colt. It can be fluted AFAIK. I would say that heavy barrels that come fluted from the factory are definitely GTG...a heavy barrel that you have fluted yourself may be a little more of a gray area.

    ETA: As far as the 29" OAL, this really only applies to SBR's. If you're building an SBR or pistol, barrel contour is irrelevant (if you are planning on an SBR, you might as well hold off until the current BATFE deal is resolved). If you're building a rifle (barrel > 16"), your OAL will be well over 29".
     

    MKR03

    Active Member
    Apr 1, 2014
    675
    State of Montgomery
    I am planning on building an AR pistol w a post Oct 13 lower.

    My question for the group, is how long can the barrel be, or more importantly what can the OAL be?? Based on my readings, it seems to me that the OAL must be 26" maximum, but I may be too conservative in my interpretation

    Does anyone know of AR pistols being sold now that have an AOL greater than 26 that are approved??

    Thanks

    The barrel/OAL can be as short as you want. If the OAL is < 26", you cannot add a VFG, or you've made an AOW. If the OAL is >26", you can add a VFG and it won't be subject to NFA (just don't put a stock on it).
     

    toshu

    Member
    Nov 19, 2012
    23
    Ocean City
    The barrel/OAL can be as short as you want. If the OAL is < 26", you cannot add a VFG, or you've made an AOW. If the OAL is >26", you can add a VFG and it won't be subject to NFA (just don't put a stock on it).
    I know that those are federal rules but are they MD rules????
    More importantly is a firearm over 26 still legal in MD sine its no longer concealable ??
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    I know that those are federal rules but are they MD rules????
    More importantly is a firearm over 26 still legal in MD sine its no longer concealable ??

    It's confusing. In MD a short barrel rifle is both a rifle and a handgun.
    It has to be >26" and on the handgun roster. It also gets an ATF tax stamp.

    A straight handgun, even if it's an AR or an AK doesn't have a maximum length, and is just a handgun.
     

    MKR03

    Active Member
    Apr 1, 2014
    675
    State of Montgomery
    I know that those are federal rules but are they MD rules????
    More importantly is a firearm over 26 still legal in MD sine its no longer concealable ??

    In MD, if the barrel is shorter than 16" and it doesn't have a buttstock, it's a pistol. An AR pistol with an OAL >26" is legal in MD (and federally). A 10.5" barrel + carbine buffer tube will put you right around 26. AFAIK, the 26" OAL number/concealibility factor is really a federal issue. In the eyes of BATFE, OAL <26 + VFG = AOW. OAL >26 + VFG is exempt from NFA unless it is ACTUALLY concealed (not just concealable).
     

    Mightydog

    Ultimate Member
    MDS Supporter
    Still trying to figure if a S&W M&P-15 sport, 5.56 semi-auto rifle is banned or not. Dealer (Sportsmans Outdoor Superstore) says they will sell to me w/o 30rd mags if my FFL will accept it. With LEO/Military discount comes to only $519 (list of $839). Can anyone help? Is it good-to-go?

    NRA member
    Ret Army MSG
    VFW/AL member
    Registered Voter
    Maryland Designated Collector
     
    Last edited:

    BUFF7MM

    ☠Buff➐㎣☠
    Mar 4, 2009
    13,578
    Garrett County
    Still trying to figure if a S&W M&P-15 sport, 5.56 semi-auto rifle is banned or not. Dealer (Sportsmans Outdoor Superstore) says they will sell to me w/o 30rd mags if my FFL will accept it. With LEO/Military discount comes to only $519 (list of $839). Can anyone help? Is it good-to-go?

    NRA member
    Ret Army MSG
    VFW/AL member
    Registered Voter

    Sounds like you need to contact your FFL. It doesn't matter what you hear for here, your FFL is going to have the final say on what they want to take the chance on transferring to you.
     

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