NFA Untouched by Post Oct 1st Laws

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  • SigDog

    Active Member
    Feb 11, 2013
    173
    West Virginia
    The packet was from ATF and didn't have anything in it about SB281.
    Most of the ATF presentation was about how to avoid violations when you get your ATF audit.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,199
    Ok , the statements about NFA seem at least partiallt good news.

    The rest about the HQL process sounds good as long as the mumble really fast. SAYing they'll do it in 30days is Not the sames as actually doing in 30 days , or being able to.

    The ciriculum of the Training course not yet anounced ( if even exists yet). No word oncertification of instructors to teach same. Not counting the training issues , there will be min of 20k applicants first month. The HQL will require checking the same databases that already take 110days to check , and have 50k backlog.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,475
    Westminster USA
    Why do legal owners of handguns prior to Oct 1 need to provide proof of training? Isn't the mere fact of legally possessing proof of the previous training you need to purcjhase?

    I don't see this requirement in 281.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    So we could still build an otherwise banned firearm on a form 1
    I'm guessing it needs to be a real SBR or SBS for this exception to work. Form 1 alone won't cut it, you do need the OAL and/or barrel length to make it an SBR or SBS under MD law. But that said, this is AMAZING news that reopens the door to a lot of great builds. For instance, the Beretta ARX-100 can now wait; worst case scenario is that I form 1 it and run it with a short barrel when I want to suppress it, and just run it with a comp on long barrels. Sweet. I'd like to see official confirmation of this, too! :)

    Other big question is "will they let FFLs deban banned guns in state?" If yes, our problems are very close to mitigated (if you have the cash...).
     

    Wayne1one

    gun aficionado
    Feb 13, 2011
    3,131
    Bowie, MD
    Just spoke to someone who was at MSP's training event today regarding post Oct 1st purchases. NFA items are untouched by post Oct 1st laws. Suppressors, SBR's, SBS's, MG's, AOW's, and DD's will all be LEGAL to purchase after Oct 1st.

    As far as the HQL (Handgun Qualification License) goes, there will be an MSP website that will walk you through the process. It is said to be active within the next month. The HQL will cost $50 and is valid for 10 years. After the initial 10 years there will be a $30 renewal fee for each consecutive 10 year period. Fingerprints will be required through LiveScan (separate fee). And your photo will be pulled from the MVA's records. Once the required documents are submitted to MSP they have 30 days to issue the HQL.

    Btw, the HQL is only required for purchasing handguns after Oct 1st, not possessing them after Oct 1st. So if you already have all the handguns you want prior to Oct 1st, you dont need the HQL to keep the ones you already have. I know most already knew this but I thought I'd just confirm it.


    Great News. Especially the stuff in bold :thumbsup:
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Hate to say it but while you guys were jumping off the deep end, I pretty much nailed how this was going to come out...

    I was wrong that the FFLs are not going to be allowed to sell their remaining inventory in state but otherwise I think I pretty much understood it all. Now all you guys worried that these FFLs are going to refuse to sell these guns that are clearly not banned now... relax they pretty much all will or they will go out of business.

    To me the real question was and still is WHAT is a purchase order? I don't care what you think it is, what is it legally.

    For example, I would very much like to get a purchase order for Barrett light 50 to be delivered about 5 years from now. So I would like the Purchase order to reflect a sale price of "current MSRP" and no detailed delivery date and no deposit (or $1 deposit). Can I do this? I don't want opinions on the matter as everyone thinks they know what a purchase order is and all opinions are different. What is the legal definition? Lawyers, if you had to argue over the term, how would you expect to define it?
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    I'm guessing it needs to be a real SBR or SBS for this exception to work. Form 1 alone won't cut it, you do need the OAL and/or barrel length to make it an SBR or SBS under MD law..... If yes, our problems are very close to mitigated (if you have the cash...).

    I agree with the first part. The ATF has ruled that a SBR reverts back to a rifle if the barrel is not less than 16"s. So there will be no getting the receiver to say SBR and then sticking a full length barrel on it! It sucks for the full size rifle caliber guns caliber guns. After all who wants a SBR of a 308 or 7.63x54r or 50 caliber... For pistol caliber and 223, 7.62x39...etc it will be ok.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    Hate to say it but while you guys were jumping off the deep end, I pretty much nailed how this was going to come out...
    This is a gross mischaracterization of the actual discussion. It was more like "wait, this isn't as simple as you think", which it isn't. Hell, I was the one who came up with the very logic you're using. I'm still waiting for some formal guidance on this issue in writing, because doing a victory dance on what is essentially hearsay is a bit premature. But, I do agree this is encouraging.

    It sucks for the full size rifle caliber guns caliber guns. After all who wants a SBR of a 308 or 7.63x54r or 50 caliber... For pistol caliber and 223, 7.62x39...etc it will be ok.
    Yeah, there are definitely some limitations to this approach. Even .223 is marginal for an SBR. There are also potential issues in getting guns in the state to be cut down to SBRs - I guess it's going to be mostly pistols->SBRs. *shrugs*

    On the plus side, my dreams of some more ultra-short funky pistol caliber SBRs have been reignited. Yay!
     

    aquaman

    Ultimate Member
    Sep 21, 2008
    7,499
    Belcamp, MD
    Yeah, there are definitely some limitations to this approach. Even .223 is marginal for an SBR. There are also potential issues in getting guns in the state to be cut down to SBRs - I guess it's going to be mostly pistols->SBRs. *shrugs*

    On the plus side, my dreams of some more ultra-short funky pistol caliber SBRs have been reignited. Yay!

    I bet the Colt 6921 is going to become very popular. Its basically an M4 minus burst. The 14.5 inch barrel is a good compromise.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    This is a gross mischaracterization of the actual discussion. It was more like "wait, this isn't as simple as you think", which it isn't. Hell, I was the one who came up with the very logic you're using. I'm still waiting for some formal guidance on this issue in writing, because doing a victory dance on what is essentially hearsay is a bit premature. But, I do agree this is encouraging.

    Haha... thats one of those comments that interesting to see the replies... as I did not direct it at anyone except those that are guilty. I used my own logic, thanks and while you understood it, you did not buy into it and still were posting that we did not know. Negatives are rarely ever put in writing. The law does not refer to SBRs and so there is no need for written guidance. The law does not talk about semi auto bow and arrows or nail guns either and so there is nothing written about them...

    I put my money where my mouth was and did not go out and get a HK33 or HK94 SBR as I will eventually.

    Yeah, there are definitely some limitations to this approach. Even .223 is marginal for an SBR. There are also potential issues in getting guns in the state to be cut down to SBRs - I guess it's going to be mostly pistols->SBRs. *shrugs*

    On the plus side, my dreams of some more ultra-short funky pistol caliber SBRs have been reignited. Yay!

    Yeah but the military uses a 14.5" 233 barrel. So even if you want that 15.5" barrel, it will be ok unless doing target style shooting in which case you will got with a HBAR anyway. Frankly aren't most people using HBARs today anyway? Almost no one still gets that pencil style barrel.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I'm guessing it needs to be a real SBR or SBS for this exception to work. Form 1 alone won't cut it, you do need the OAL and/or barrel length to make it an SBR or SBS under MD law. But that said, this is AMAZING news that reopens the door to a lot of great builds. For instance, the Beretta ARX-100 can now wait; worst case scenario is that I form 1 it and run it with a short barrel when I want to suppress it, and just run it with a comp on long barrels. Sweet. I'd like to see official confirmation of this, too! :)

    Other big question is "will they let FFLs deban banned guns in state?" If yes, our problems are very close to mitigated (if you have the cash...).

    A tax stamp is a permission slip not an obligation.

    It is not clear that possesion of a SBR with a standard barel would we prohibited under the new law. Its legal status has changed.

    I think rusty will be busy next year lol.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    So suppressors will be legal after 10/1, but what about pistols with threaded barrels? I always wanted a suppressed .22, am I out of luck if I don't purchase a pistol with a threaded barrel before 10/1?
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I agree with the first part. The ATF has ruled that a SBR reverts back to a rifle if the barrel is not less than 16"s. So there will be no getting the receiver to say SBR and then sticking a full length barrel on it! It sucks for the full size rifle caliber guns caliber guns. After all who wants a SBR of a 308 or 7.63x54r or 50 caliber... For pistol caliber and 223, 7.62x39...etc it will be ok.

    Really I can transfer an sbr lower with a standard barell with out a tax stamp..

    What if the barrel is 15.9 inches and the muzzle device is not welded in place? I am new at this so maybe I am wrong but once and SBR always an SBR.
     

    squirrels

    Who cooks for you?
    Jan 25, 2008
    4,021
    Just spoke to someone who was at MSP's training event today regarding post Oct 1st purchases. NFA items are untouched by post Oct 1st laws. Suppressors, SBR's, SBS's, MG's, AOW's, and DD's will all be LEGAL to purchase after Oct 1st.

    Um...what??

    (III) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS AN OVERALL LENGTH OF LESS THAN 29 INCHES;

    NFA requries that the item you wish to build/purchase be legal to possess in your state of residence.

    You can probably get away with cutting down your bolt-action hunting rifle and getting a tax stamp for it, yes. But why would you do that??

    When people think of SBRs, they are thinking of modern military-pattern rifles. You will not be able to buy or build a new SBR AR-15. The most you might be able to do is buy an HBAR rifle and trim it down to 14.5". I doubt MSP would approve much else.

    Cops are not lawyers. They know the law well enough to know when someone should be arrested, but they don't always know the finer points of specific laws. Unless you get it on a FOIA from MSP, I would not go trying to build SBRs.
     

    Flipz

    Ultimate Member
    Mar 11, 2010
    3,193
    So suppressors will be legal after 10/1, but what about pistols with threaded barrels? I always wanted a suppressed .22, am I out of luck if I don't purchase a pistol with a threaded barrel before 10/1?

    Handguns with threaded barrels are legal to purchase after Oct 1st. As noted, you'll just need the HQL.
     

    r3t1awr3yd

    Meh.
    MDS Supporter
    Dec 14, 2010
    4,743
    Bowie, MD
    Um...what??



    NFA requries that the item you wish to build/purchase be legal to possess in your state of residence.

    You can probably get away with cutting down your bolt-action hunting rifle and getting a tax stamp for it, yes. But why would you do that??

    When people think of SBRs, they are thinking of modern military-pattern rifles. You will not be able to buy or build a new SBR AR-15. The most you might be able to do is buy an HBAR rifle and trim it down to 14.5". I doubt MSP would approve much else.

    Cops are not lawyers. They know the law well enough to know when someone should be arrested, but they don't always know the finer points of specific laws. Unless you get it on a FOIA from MSP, I would not go trying to build SBRs.

    Why couldn't you buy an SBR from a local dealer on a Form 4???

    I think you're only thinking of building and not buying...
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    Just spoke to someone who was at MSP's training event today regarding post Oct 1st purchases. NFA items are untouched by post Oct 1st laws. Suppressors, SBR's, SBS's, MG's, AOW's, and DD's will all be LEGAL to purchase after Oct 1st.

    So my question is: Was the question asked of MSP refering to SBR's / NFA items in general, or named "Assault Weapons"?

    I can very much understand a MSP person saying that SBR's are legal as there certainly will be legal SBR's under SB281 (SBR 22's, SBR bolt action). The question is whether making a gun that is otherwise a banned assault weapon into a SBR will magically make it no longer a banned assault weapon.

    Everybody: I wouldn't start gloating yet... this is a good start but until we know the context and have it in writing. I'm still not convinced.

    -Jim
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Really I can transfer an sbr lower with a standard barell with out a tax stamp..

    What if the barrel is 15.9 inches and the muzzle device is not welded in place? I am new at this so maybe I am wrong but once and SBR always an SBR.

    No. You can take a receiver off the NFA roles by writing a letter to ATF. Then it will revert to being a normal regulated firearm (in MD). A barrel under 16" is a SBR. If it is not registered it is illegal. If it is registered as a SBR, it can ONLY be transferred with a stamp.
     

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