NFA Untouched by Post Oct 1st Laws

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  • anderson76

    Active Member
    Feb 16, 2013
    209
    I've been following this line of thought, and it was a head scratcher until I broke it down. Maybe this will help explain it:

    1) "Rifle" = firearm with a rifled barrel that is at least 16" in length;

    2) "Copycat weapon" = any "rifle" with a barrel at least 16" long, but with an overall firearm length of <29" = banned; basically the goal seems to be to ban bullpup configurations.

    2) "AR15" = a subset of "rifles" = named "assault weapon"; if the AR15 has barrel of 16" or greater it is banned as an "Assault weapon."

    3) SBR/"short barreled rifle" = firearm with a rifled barrel less than 16" in length.

    4) SBR AR15 = firearm with a barrel less than 16" = not a "rifle" = not a banned "assault weapon."

    That is some hair splitting right there, but it makes sense. No wonder I'm not a MD lawyer . . .


    You make the argument that because something meets the definition of “Short Barreled Rifle” it cannot meet the definition of either Assault Long Gun or Copycat Weapon. The counter argument is that something such as an SBR AR-15 can be all three: Short Barreled Rifle, Assault Long Gun or Copycat Weapon.

    Or what about handgun? That Public Safety Art. 5-101(n) defines the term “Handgun” to include firearms with barrels lest that 16 inches:

    (n) Handgun. --
    (1) "Handgun" means a firearm with a barrel less than 16 inches in length.
    (2) "Handgun" includes signal, starter, and blank pistols.

    If that’s the case, then that would be the nail in the coffin for future SBR purchase, unless these things make it on the handgun roster.

    If you interpret the Code in a vacuum, completely ignorant of how the MSP has regulated these items in the past, then I think you would be more likely to conclude that a SBR AR15 can be all these things:

    Assault Long Gun, Copycat Weapon, and Handgun.

    I believe that this is what the Code says. However, the MSP has treated SBRs differently in the past. Maybe for the sake of consistency the will continue to do so. Maybe the question presents mixed issues of law and fact. If that’s the case, then the MSP, in its capacity as the State’s subject matter expert on all thing firearm related, may conclude that there is a factual basis for saying that a SBR AR15 is not a copy of a Colt AR15 and therefore not a banned Assault Weapon.

    At this point, I am not trying to argue with anyone. Just thinking out loud.

    A number of members have reported that the MSP has been informing FFLs that NFA items are not affected by the Ban.
     
    Last edited:

    Flipz

    Ultimate Member
    Mar 11, 2010
    3,193
    I wish I never started this thread........... :sad20:

    If some of you guys dont want to accept the truth, fine. I cant help you and shouldnt have tried to begin with.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,828
    Bel Air
    I wish I never started this thread........... :sad20:

    If some of you guys dont want to accept the truth, fine. I cant help you and shouldnt have tried to begin with.

    If you didn't start it, someone would have. Would that make them a copy cat and would they be banned?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,828
    Bel Air
    You make the argument that because something meets the definition of “Short Barreled Rifle” it cannot meet the definition of either Assault Long Gun or Copycat Weapon. The counter argument is that something such as an SBR AR-15 can be all three: Short Barreled Rifle, Assault Long Gun or Copycat Weapon.

    Or what about handgun? That Public Safety Art. 5-101(n) defines the term “Handgun” to include firearms with barrels lest that 16 inches:

    (n) Handgun. --
    (1) "Handgun" means a firearm with a barrel less than 16 inches in length.
    (2) "Handgun" includes signal, starter, and blank pistols.

    If that’s the case, then that would be the nail in the coffin for future SBR purchase, unless these things make it on the handgun roster.

    If you interpret the Code in a vacuum, completely ignorant of how the MSP has regulated these items in the past, then I think you would be more likely to conclude that a SBR AR15 can be all these things:

    Assault Long Gun, Copycat Weapon, and Handgun.

    I believe that this is what the Code says. However, the MSP has treated SBRs differently in the past. Maybe for the sake of consistency the will continue to do so. Maybe the question presents mixed issues of law and fact. If that’s the case, then the MSP, in its capacity as the State’s subject matter expert on all thing firearm related, may conclude that there is a factual basis for saying that a SBR AR15 is not a copy of a Colt AR15 and therefore not a banned Assault Weapon.

    At this point, I am not trying to argue with anyone. Just thinking out loud.

    All of the answers are already in the thread. To summarize the most important point: MSP has said that NFA items are still going to be legal.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    I wish I never started this thread........... :sad20:

    If some of you guys dont want to accept the truth, fine. I cant help you and shouldnt have tried to begin with.

    It is frustrating... You explain it to one and two more jump up. All their points have been covered once, twice sometimes over a dozen times if they would just read. Then you have those that would not trust God himself if he told him thats how its going to be. AG, MSP can't be trusted even if they are correct and in a way we like and agree with. I enjoy arguing points as much as anyone but even I am tired of it by now.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    I too wish you had never started this thread. Everyone just keep talking and giving the antis more fodder for their next ban.
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    I wish I never started this thread........... :sad20:

    If some of you guys dont want to accept the truth, fine. I cant help you and shouldnt have tried to begin with.

    Hey look at the bright side, if 50 - 60% of the guys chiming in don't understand the NFA weapons are not effected then hopefully this will speed up our process here in MD. Less apps equals less work for Dana Pickles quicker turnaround times for us, just need to cut some of those VA apps in half now!! :D
     

    peace

    Ultimate Member
    Dec 15, 2011
    1,043
    AACo
    Hey look at the bright side, if 50 - 60% of the guys chiming in don't understand the NFA weapons are not effected then hopefully this will speed up our process here in MD. Less apps equals less work for Dana Pickles quicker turnaround times for us, just need to cut some of those VA apps in half now!! :D

    My last stamp came from ms Farrier or Farrer not dana.
     

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