do SBR AR15's need to be hbar in MD?

UPDATE

After a week of playing phone tag (yes, they actually called me back. Lol) I talked to ATF today finally.
Guy was actually very nice and explained what he is up against and told me what to do to get something done.

Right now, Form 4s are all getting bounced. He says I have to refile using a Form 1 and make sure it says 29” and it will go right through. But a Form 4, due to MD AG has to be both 29” and be on the roster. We discussed the laws (local & federal) regarding pistol vs SBR and putting a stock on a “pistol” etc …

I pleaded the case about the sale late August of 2013 and he claims the MD AG has instructed ATF outright to disregard sales prior to the passing of SB281.

So now, basically I cannot use the lower I purchased as it is already registered as an SBR and I cannot purchase it as such in MD. He said the “manufacturer” would have to submit a request to have it removed from the registry, then sell it to me as a std lower and then and only then I could resubmit it w/ a Form 1 and start over BUT … I don’t think I can legally purchase an AR lower now, right? (due to SB281) So that lower is now useless to me unless they get something on the roster and I make a pistol out of it maybe?

ATF guy says considering MD BS, take one of my existing lowers, file a Form 1 and wait. Then take possession of my short barrel stuff from the other deal and put it on that lower once I receive the stamp.

Does that sound about right?

codefive said:

This thread got my attention as I am trying to figure out what my next move should be:

Purchased SBR w/ can in late August of 2013
(yes, 2013, before SB281)
State took SIX months to get my paperback back to me so it went to ATF late Feb 2014. Got can stamp Nov 10 2014.
TODAY I finally got my "Disapproved" notice for the SBR. Reason stating MD LAW. OAL is 29" on the form just to CYA but it was purchased before the law regardless.

Now what???

I dont know what pisses me off more, getting disapproved or reading how others have gotten stamps back in a fraction of the time. A year & a half is long time to wait for nothing.

Any advise?

Click to expand...

lowers are still legal to purchase. you just have to make them into a SBR, HBAR, or pistol.

codefive said:

I pleaded the case about the sale late August of 2013 and he claims the MD AG has instructed ATF outright to disregard sales prior to the passing of SB281.

Click to expand...

**** Frosh.

94hokie said:

lowers are still legal to purchase. you just have to make them into a SBR, HBAR, or pistol.

Click to expand...

It IS an SBR now but got dis-approved as such. Thats the whole issue

codefive said:

It IS an SBR now but got dis-approved as such. Thats the whole issue

Click to expand...

Edit: ok, I see. Why can't you submit your SBR to the handgun review board? Is it just a lower?

codefive said:

After a week of playing phone tag (yes, they actually called me back. Lol) I talked to ATF today finally.
Guy was actually very nice and explained what he is up against and told me what to do to get something done.

Right now, Form 4s are all getting bounced. He says I have to refile using a Form 1 and make sure it says 29” and it will go right through. But a Form 4, due to MD AG has to be both 29” and be on the roster. We discussed the laws (local & federal) regarding pistol vs SBR and putting a stock on a “pistol” etc …

I pleaded the case about the sale late August of 2013 and he claims the MD AG has instructed ATF outright to disregard sales prior to the passing of SB281.

So now, basically I cannot use the lower I purchased as it is already registered as an SBR and I cannot purchase it as such in MD. He said the “manufacturer” would have to submit a request to have it removed from the registry, then sell it to me as a std lower and then and only then I could resubmit it w/ a Form 1 and start over BUT … I don’t think I can legally purchase an AR lower now, right? (due to SB281) So that lower is now useless to me unless they get something on the roster and I make a pistol out of it maybe?

ATF guy says considering MD BS, take one of my existing lowers, file a Form 1 and wait. Then take possession of my short barrel stuff from the other deal and put it on that lower once I receive the stamp.

Does that sound about right?

Click to expand...

Let me get this straight: AG has instructed ATF to ignore the law and disapprove pre-Oct 2013 sales? WTF?

codefive said:

It IS an SBR now but got dis-approved as such. Thats the whole issue

Click to expand...

If I understand this, you can build an SBR on a Form 1 with you being the manufacturer. However, you cannot purchase an already built SBR on a Form 4 from say Daniel Defense, Wilson Combat, etc.?

Could I take one of the lowers I bought pre FSA2013, which was built into a pre-ban configuration prior to FSA2013, and convert it to a SBR on a Form 1?

What about just buying a new stripped lower right now and building a SBR out of it?

fabsroman said:

If I understand this, you can build an SBR on a Form 1 with you being the manufacturer. However, you cannot purchase an already built SBR on a Form 4 from say Daniel Defense, Wilson Combat, etc.?

Could I take one of the lowers I bought pre FSA2013, which was built into a pre-ban configuration prior to FSA2013, and convert it to a SBR on a Form 1?

What about just buying a new stripped lower right now and building a SBR out of it?

Click to expand...

1) Seems so, but makes NO sense. But were are back the pistol-rifle

2) Yes.

3) Yes, as many people on MDS have done.

But with the current changing winds on a whim, I would suggest buying some lowers, filing the Form 1s and getting them approved NOW. You can build them later. Or not build them into SBRs, up to you.

I have SBRed, on paper, 4 of my 5.5 ARs. Two from stripped lowers, two factory rifles (one pre-ban, one post-ban HBAR). Only two are engraved at this point, and none are actually in SBR configuration. I just haven't had the time.