SBR with post Oct 1st lower?

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Are you a lawyer?

    A purchase order is an agreement to sell/purchase.

    A Form 1 is permission to BUILD.

    How are they the same????

    To be specific, it is permission to manufacture. Definitely not the same.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    That's because MSP's advisories were all over the place. And BATFE's behavior based on those were also all over the place.

    It seems it's settled down to

    You can make or transfer an SBR as long as it's OAL is > 29". Doesn't seem to matter to BATFFE or MSP when the lower was purchased. This is from observation of threads here, nothing more. And the feature test applies until Engage gets a reply back from MSP asking them to show how the law allows an SBR can be both a handgun and a rifle for purposes of the copycat provision. (It's not IMO but we wait.)

    IANAL.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    The point is, for SBRs they are taking the date of completion as whether FSA 2013 applies.

    That implies that the date of completion also applies to a rifle build. So, IMO, building a banned configuration NOW, even on a lower purchased pre-Oct 1, 2103, would NOT be legal.

    No new firearm is created when a lower is assembled. The argument is that the tax stamp is permision to build a new firearm. It implies nothing about making pistols into riles at a later date. Since all lowers were 77r and other they are in fact pistols under the law until converted to riles via SBR process.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    How is a lower marked an O a pistol? It's an O.

    I'd agree that with MSP's ruling on lowers, it might be. It could also be an HBAR.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    No new firearm is created when a lower is assembled. The argument is that the tax stamp is permision to build a new firearm. It implies nothing about making pistols into riles at a later date. Since all lowers were 77r and other they are in fact pistols under the law until converted to riles via SBR process.

    So I buy a lower an build an HBAR. How is that converted to a rifle via the SBR process? A lower is a lower, it is not a rifle or a pistol.

    According to the BATFE a new firearm IS created when you SBR it. It goes from a rifle to an SBR, which is a different firearm.
     

    KlickAndKlack

    Member
    Mar 14, 2010
    3
    You can make or transfer an SBR as long as it's OAL is > 29". Doesn't seem to matter to BATFFE or MSP when the lower was purchased. This is from observation of threads here, nothing more. And the feature test applies until Engage gets a reply back from MSP asking them to show how the law allows an SBR can be both a handgun and a rifle for purposes of the copycat provision. (It's not IMO but we wait.)

    IANAL.

    Does the 29" criterion apply even if SBR'ing a pistol on the Maryland Handgun Roster?
     

    MACTHEGUN

    Active Member
    Aug 18, 2014
    108
    In Md, SBR's are not allowed.

    We can only possess the "SBR/P (Short Barreled Rifle/Pistol)" or is it the SBP/R? Or the "LBP/RW/SB (long Barreled Pistol/Rifle with a short barrel)" or the SBR/PW/LB?

    Apparently the politicians hadn't thunk this one through in their haste to perpetuate their "we'll show them whose in charge" and "look at me, I did something" attitude.

    I would say that those elected to "serve" it's citizenry, owe it to said citizenry to at least make crystal-clear the intent of the law instead of forming ambiguous law's in order to have the option to play "I got you" whenever they deem it (in)appropriate.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    But would you trust MSP to measure that accurately?

    There is a reason that most factory short rifle barrels are 16 1/4" rather than 16" exactly. :)
     

    mtel

    Ultimate Member
    Dec 21, 2012
    1,071
    Virginia
    Not to nitpick guys but I keep seeing >29 inches, we have a lot of new members on here, and the proper response is >=29 inches. That one inch makes a big difference, just say'n ;)

    Yep, 281 just says it's a copycat if it's less than 29". I started intentionally using > 29” somewhere along the way.

    Just didn’t want to see anyone build to exactly 29” and be exposed to a LEO measurement that potentially comes up short. :thumbsup:
     

    Blue Fins

    Active Member
    Aug 23, 2011
    238
    Post Oct. lowers can be built to be SBR (make sure when you measure that you are doing it parallel and not angled), a Hbar, or a Pistol. There are lots of rules when you build a pistol or the SBR.
     

    bobthefisher

    Durka ninja
    Aug 18, 2010
    1,214
    Definitely not where you are!
    I also think a lot of us can agree that a strait through (non-grenade launcher notched) .750 inch diameter barrel is considered well enough to be HBAR. I know some will disagree, but since the lack of a formal definition (as it would be stupid in any other state), thats what I'm going with for now. And yes, good look'n out gents, <29 inches is the proper definition for OAL copycats.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Not to nitpick guys but I keep seeing >29 inches, we have a lot of new members on here, and the proper response is >=29 inches. That one inch makes a big difference, just say'n ;)

    It is not one inch.

    >=29" means 29.000000000000000" is legal.

    .29" means you have to make it 29.000000000000001" to be legal. Or more realistically 29.1".

    So the difference in practical terms is 0.1"
     

    sigsig

    Member
    Sep 18, 2014
    10
    Just wanted to say hello to everyone, first post here and I have been looking for info about sending a form 1 for a lower. I sent a form 1 this January and filled out the OAL of 29.5in using a 10.5bbl. Unfortunately, it was disapproved with the reasons of "MD STATE LAW,ASSAULT WEAPON-PROHIBITED, AR-15 IMITATION..."
    Well, I decided to give it another try after talking to Engage armament and another C3 dealer and they have said people that have put OAL of 29in have been approved. Is there anything I am missing? I will keep you guys updated.
     

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