Now that full lowers are allowed - what about 80%?

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  • dtmeyers

    Active Member
    Jun 22, 2013
    329
    Title says it all. I'm guessing that completing an 80% lower into an HBAR or pistol is allowed now. I know y'all aren't lawyers but you're smarter than I am.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    I say SBR it and the maximum amount of "Screw you, O'Malley!" for all your effort.

    Build it as a pistol first, then you can go back and forth between pistol and rifle and back to pistol for super maximum "Screw you O'Malley" effect. :party29:
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    The HQL is explicitly not needed to purchase a stripped lower per MSP guidance.

    You are correct, I was thinking of the 7-day wait and my mind went to HQL (hadn't had breakfast yet).

    My post has been corrected.
     

    blodter

    Active Member
    Aug 28, 2013
    365
    Hagerstown, MD
    The HQL is explicitly not needed to purchase a stripped lower per MSP guidance.

    Fantastic! Could those stripped lowers be built into HBAR rifles? And in the hypothetical case that I did purchase a stripped lower that I got from an FFL, that lower or any legal variant I manufactured it into - be it an AR pistol or HBAR rifle - would it be treated as a regulated firearm or pistol (meaning restrictions on how and where I take it)? The same question also applies to an 80% lower build - what restrictions would there be compared to a regular cash and carry long gun?
     

    callidus

    Active Member
    May 21, 2013
    111
    Maryland
    Fantastic! Could those stripped lowers be built into HBAR rifles? And in the hypothetical case that I did purchase a stripped lower that I got from an FFL, that lower or any legal variant I manufactured it into - be it an AR pistol or HBAR rifle - would it be treated as a regulated firearm or pistol (meaning restrictions on how and where I take it)? The same question also applies to an 80% lower build - what restrictions would there be compared to a regular cash and carry long gun?

    (1) Typically, if it's a 100% lower, yes. For maximum flexibility, make sure it's transferred into your name as 'Other'; then you can build whatever you like (that is legal to own).

    (2) Yes, a stripped lower you purchase from an FFL can be built into either - BUT it can only be built into a pistol if it has never been built into a rifle (how they plan on checking this, I have no clue). Again, make sure it's "Other" and not transferred as a long gun/pistol.

    (3) Once you create/build/etc a weapon it has all the restrictions the state/federal government have put on the type that you'd buy from the store. Now, AR/AK pistols are not SBRs unless you go through the NFA process to specifically put SBR-type things (stock, fore grip, etc.) on them.

    (4) Same; you can build whatever is legal in your state.

    The plus with an 80% lower is that you don't have to go through the FFL process. If you plan on SBR'ing an 80% lower, you'll have to give it a serial number to submit.

    These are my interpretations of the law, but I am by no means an attorney.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    Fantastic! Could those stripped lowers be built into HBAR rifles? And in the hypothetical case that I did purchase a stripped lower that I got from an FFL, that lower or any legal variant I manufactured it into - be it an AR pistol or HBAR rifle - would it be treated as a regulated firearm or pistol (meaning restrictions on how and where I take it)? The same question also applies to an 80% lower build - what restrictions would there be compared to a regular cash and carry long gun?

    My understanding is that if built into an HBAR, then the entire rifle can be sold FTF as any non-regulated long gun currently is because it would now be a non-regulated in HBAR format. If so, it seems it would have to stay in HBAR format.

    See: (although thay info may now be dated)

    http://www.mdshooters.com/showthread.php?p=3292293
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    My understanding is that if built into an HBAR, then the entire rifle can be sold FTF as any non-regulated long gun currently is because it would now be a non-regulated in HBAR format. If so, it seems it would have to stay in HBAR format.

    See: (although thay info may now be dated)

    http://www.mdshooters.com/showthread.php?p=3292293

    I asked a similar question about a year ago and got the opposite answer:

    What happens if you slap an HBAR upper on a lower? If you build an HBAR on a stripped lower that you bought and did the regulated paperwork for, does it suddenly become unregulated/FTF-transferable, or is it a once regulated always regulated kinda deal?

    The MSP 77r says it was a regulated purchase. no matter what upper you stick on it.

    It will be in MSP's database as a regulated firearm.

    Although, this information is worth exactly what you paid for it.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    Well, ask a question of two people and get three answers.

    Last year, it was still legal to put non-HBAR uppers on. I don't know if that changed now that that is all that can be built (rifle-wise) or if the answer you got is still correct.

    Admittedly, the post I quoted seemed to be an off-the-cuff response by someone at MSP licensing.

    G*d-d*MN these ambiguous Maryland laws.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    Yeah, I think the MSP email you linked to was saying that the FFL he was talking to could complete the rifle and then sell to a customer as unregulated? Would it be different for FFL's versus private individuals?
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    That very well could be the case. That thread is kinda all jumbled together (what else is new here?), so it could have been specific to FFLs.

    One thing is for sure - I need to find the time to order another lower.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Well, ask a question of two people and get three answers.

    Last year, it was still legal to put non-HBAR uppers on. I don't know if that changed now that that is all that can be built (rifle-wise) or if the answer you got is still correct.

    Admittedly, the post I quoted seemed to be an off-the-cuff response by someone at MSP licensing.

    G*d-d*MN these ambiguous Maryland laws.

    If you put a non-HBAR upper on a rifle that was NOT in banned form before Oct 1, you cannot do it now. You will be making a banned rifle.

    If it existed in banned form before Oct 1, then it can be returned to that form.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Forgive my ignorance, but is the gist of this post that fully completed lowers...needing only an upper...are legal to buy from dealers in Maryland or outside Maryland shipped to an FFL?

    So, all you would need for a fully functional AR 15 is a full upper, which you can buy from a lot of places?

    What about the Heavy Barrel requirements?

    Are there quality sources for lowers and uppers that the more knowledgeable posters here would care to share?

    Thanks!

    Yes, you can buy them.

    Yes you can make them into a rifle. But most are sold as stripped lowers, so you need to put all the parts in them to make the work.

    You still need an HBAR barrel, since it did not exist in banned form prior to Oct 1, 2013.

    I have been happy with my Anderson lower and two Anderson uppers. My Del-Ton lower seems fine.
     

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