80% Lower update

[SRD]

Question: With SB281 if you had a purchase order on an AR 15 you could pick it up after 10/1.

Would this still apply for lowers?

It should since a purchase order for any regulated weapon (pre 10/1,which a lower was) was sufficient according to MSP.

 

[Sting]

Well, speculation is that they are banned since we assume that MSP will continue to treat them post-Oct1 as they have in the past. I will explain below.

No, the lower receiver of an AR is most definitely the firearm. The ATF wrote guidelines a long time ago that legally define "the firearm" as being the part that bears the serial number. In addition to that, there is wording in Maryland state law that defines "the firearm" as being 'the frame or receiver' of such. In the case of the AR, that would be the lower receiver. The trick, for us, is if that firearm is or is not banned. That is determined by "the firearm" having or not having certain features (the "copycat test") OR being on the list of banned "assault long guns."

The feature list is the following (as it relates to rifles):

The definition of "Assault Long Gun" is:

The trick with a lower receiver is that while it lacks the specific features that would make it fail the "copycat test" and be banned, it also lacks the features that would make it not banned as an HBAR or a rimfire. It is, however by statutory definition, an "AR15." It would therefore be banned by name. This is the reason you can't buy stripped lowers any more, and it's also the reason it would technically be illegal to finish an 80% lower post Oct 1st, since you would be manufacturing an AR15, which is banned by name. Even if you were going to make it into an HBAR or rimfire, there would be a period of time (technically from when you did the first machining operation to take it past 80% complete until you put the HBAR or rimfire upper on it) when it would be a just plain old "AR15" which is banned.

No, it is not. There are no longer any "regulated" firearms as we used to know the term. There are only handguns, which you need an HQL for, banned rifles, and not banned rifles, which are cash and carry.

No, it says "a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon." The "regardless of manufacturer" bit applies both to the banned firearms and the not banned HBARs.

I am being pedantic here, but it is important to be pedantic. There is SO MUCH misinformation and speculation floating around about this that it's very dangerous.

So in this twisted world, I can buy an 80% lower. Cut it into two parts. Finish each independently. Attach one part to a an HBAR or rimfire, the attach the second part of the receiver, and I am golden. Never a AR 15. What wonderful law.

 

[shaakes]

Jeebus, why are people still talking about this?

Y'all need to learn how to keep your mouths shut, though.

Y'all need to learn how to keep your mouths shut, though.

Jeebus, why are people still talking about this?


We are in a post-legal age, folks. The establishment is against us. Recent court decisions clearly bear that out. So accept it. The upside is the social contract is now broken, and you are absolved from being a good Citizen.

Y'all need to learn how to keep your mouths shut, though.

+1.

+1,000,000

I think some people are trying to see how much more they can add on to this next year

 

[huesmann]

The ATF wrote guidelines a long time ago that legally define "the firearm" as being the part that bears the serial number.

My Glocks have the serial stamped on the receiver, slide and barrel...

it also lacks the features that would make it not banned as an HBAR or a rimfire. It is, however by statutory definition, an "AR15." It would therefore be banned by name.

Could a person buy an 80%, finish it out of state, mount an HBAR or rimfire upper, and return with a legal rifle?

 

[Hawkeye]

My Glocks have the serial stamped on the receiver, slide and barrel...

I was able to quickly find the Maryland statute that governs this, but not the Federal one. I *think* that it's basically along the lines of the firearm being "the frame or receiver" and when there is more than one part that is "a receiver" like with an AR it's the serialized part. I'd have to go look up the statute, though.

Could a person buy an 80%, finish it out of state, mount an HBAR or rimfire upper, and return with a legal rifle?

You know, I have no idea.

 

[WhiteWhale056]

Somehow I know my question isn't going to get the answer I want to hear, but....

Is there someone, state police or other, that can put this to rest? Or would it be once a trial comes to light?

 

[OrbitalEllipses]

Trial. That was their intention.

 

[Ranchero50]

Actually I don't think the bills author's really thought about 80% lowers. We know what the law said and we know how the MSP interpreted the law with the COMAR's. We do not know how the MSP / AG will respond to them.

With reference to all the AR's that were built from 80% lowers over the years, the MSP have been reported to say that it's on them to determine if your AR is pre ban or post ban.