I agree. It's all in how they want to interpret it. Including the handgun roster issue. It has not been an issue until now. With more scrutiny on "military style weapons", and SBR's generally fall into that category, a motivated AG could make our lives more miserable.
Too late to make an SBR?
- Thread starter DimaK
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I agree. It's all in how they want to interpret it. Including the handgun roster issue. It has not been an issue until now. With more scrutiny on "military style weapons", and SBR's generally fall into that category, a motivated AG could make our lives more miserable.
annihilation-time
MOLON LABE
States that have banned SBRs have done so by name. If their intent was to ban SBRs, I'm sure the bill would have contained that language.
As for the 29 inch OAL rule, it would have been 26 inches if SBRs were the target. I can't imagine it wouldn't mirror the state's definition of a short barrel rifle.
Not that it would necessarily apply to an interpretation by the state of Maryland..... Does anyone know if a state has indirectly banned SBRs through a similar tactic like OAL requirements?
As for the 29 inch OAL rule, it would have been 26 inches if SBRs were the target. I can't imagine it wouldn't mirror the state's definition of a short barrel rifle.
Not that it would necessarily apply to an interpretation by the state of Maryland..... Does anyone know if a state has indirectly banned SBRs through a similar tactic like OAL requirements?
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
So...here is a stupid question (bumping an older thread)...
Lets say I buy an AOW prior to oct. 1 and place it in a Trust. Come next year I want to SBR it on a Form 1 or through an SOT and place it on a form 4...would I still be able to do this?
I'll add to this, it would be a Draco pistol as an AOW that I would convert into an SBR.
Lets say I buy an AOW prior to oct. 1 and place it in a Trust. Come next year I want to SBR it on a Form 1 or through an SOT and place it on a form 4...would I still be able to do this?
I'll add to this, it would be a Draco pistol as an AOW that I would convert into an SBR.
bobthefisher
Durka ninja
It's the same argument/conversation as before. If the MSP still considers SBR's a separate category of firearms or "hanguns" then we'll be okay. If they start to consider them to be "semi-auto rifles", then we're boned!
Why don't you just convert it into an SBR now?!?! It's the same $200 tax. I would send it to an FFL07 w/SOT, as they'll be able to get it made into an SBR within a couple weeks. After that, they'll put it on a Form 4 for you, which will be considered a purchase order, so in case they get banned after Oct. 1st you'll still be fine.
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
That's what I thought.
Follow up...as this is the first time I've ever dabbled in NFA stuff, is there an MSP registration or background check on making an NFA arm if its in a trust? Forgive my ignorance, but I am completely ignorant of the fact that if I have an item in hand and do my NFA paperwork in fightinbluhen51's NFA trust, is there any notification required to MSP?
And yes, I've considered just doing the SBR work now, but I have some other things I would like to buy prior to 10/1 and its a budget constraint. A $5 stamp for an AOW is a hell of a lot cheaper than $200 plus the materials (stock) and work (install and paper) to make it an SBR right now.
bobthefisher
Durka ninja
To "make" an AOW is still $200! To "transfer" an AOW is only $5. As far as notification to MSP for an NFA trust item, there isn't any, except for machineguns. Which for machineguns is an annual $10 fee during the month of May, for any and all machineguns that you own. Basically, if you don't do the SBR work now, then you're gambling that SBR's will be legal after Oct. 1st. The definitions of the current law is on our side, but that is always subject to change/interpretation when dealing with the Attorney General and MSP. So you're going to have to decide, more semi-auto fun guns, or one badass SBR. Decisions, decisions. I can't help you there. Good luck
Pretty sure Cali did it like that. But we have much different laws than them. I still feel like a strict interpretation is on our side.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,252
Additional speculative interpetations : The the prospective SBR is SBR due to being sub 16in bbl , but is still more than 26in OAL , then the final regulations of SB281 *might* declare that to be illegal mfg of banned semiauto rifle. If said prospective SBR has sub 16in bbl , AND sub 26in OAL , then my Md law it is NOT a rifle.
The $5 Stamp is for items origionally mfg as an AOW . To make one from an existing firearm is still $200 .
The $5 Stamp is for items origionally mfg as an AOW . To make one from an existing firearm is still $200 .
annihilation-time
MOLON LABE
Under MD law, it only takes one of those two features to make the firearm a SBR.
I was reading over COMAR and ATF regs regarding OAL and how that was measured with telescoping stocks. I noticed that the MD definitions of rifle and SBR are almost word for word. How, though, can you buy an SBR in Maryland under current law if an SBR is classified as a handgun? Wouldn't it have to be on the roster?
MSP hand-waves it with "legislative intent". And, in this case, they'd be correct. The purpose of the handgun roster was to prevent cheap Saturday Night Specials from being sold in the state. It was never really intended to be hitting guns selling for more than a couple hundred bucks, never-mind uber-expensive NFA guns.
Alright, makes sense, thanks!
Calengor
wishes he were spike
Yet another stupid question, if
and
Does that mean IF SBRs are still allowed that we'd need the handgun qualification license to get one?
These laws are so ****ing retarded in that there is contradictory language throughout and you can argue for legislative intent some places but not others. e.g. the legislative intent behind the handgun roster was to stop saturday night specials, so SBRs (defined as handguns in one of the two sections quoted above) aren't affected by the fact that they're not on the handgun roster.
And if the legislative intent was to ban copies of AR rifles and other "scary" guns, then couldn't they read it to apply to SBRs? And/or would the "copycat" tests still apply to them? e.g. a rifle SCAR 16s would need to have the folding part of the stock pinned and/or couldn't have a flash hider, and an SBR SCAR 16s would also need to comply by these laws?
I know it's hard to try to not read more into the law than is there, but the language between SB 281 and other existing MD law is confusing.
and
Does that mean IF SBRs are still allowed that we'd need the handgun qualification license to get one?
These laws are so ****ing retarded in that there is contradictory language throughout and you can argue for legislative intent some places but not others. e.g. the legislative intent behind the handgun roster was to stop saturday night specials, so SBRs (defined as handguns in one of the two sections quoted above) aren't affected by the fact that they're not on the handgun roster.
And if the legislative intent was to ban copies of AR rifles and other "scary" guns, then couldn't they read it to apply to SBRs? And/or would the "copycat" tests still apply to them? e.g. a rifle SCAR 16s would need to have the folding part of the stock pinned and/or couldn't have a flash hider, and an SBR SCAR 16s would also need to comply by these laws?
I know it's hard to try to not read more into the law than is there, but the language between SB 281 and other existing MD law is confusing.
IMBLITZVT
Ultimate Member
What do you have to back this up? While I agree they do not seem to be requiring SBRs to be on the Roster, I don't see how they are doing it legally. Is there anything in writing?
You should be fine either way. However yes, if you get it in now, you should have it into the ATF pre-October.
The law gives them some latitude in how they do it, which I guess you could stretch into that interpretation.
IMBLITZVT
Ultimate Member
Seems like a stretch but... I mean thats really open ended if thats what they were going for there.
*shrugs* You combine that with legislative intent, and you can get there. Let me also point out that the law only talks about sale and manufacture, not transfer. So, really, any time the MSP demands that handguns not be transferred from out-of-state sellers due to the roster, they're also going pretty far in interpretation. *shrugs*
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