are AR pistols legal to build in maryland?

[alzoom85]

How does this thread pertain to sb 281? Would I still be allowed to assemble a virgin lower into a pistol? Would this be considerd an nfa item?

 

[OrbitalEllipses]

How does this thread pertain to sb 281? Would I still be allowed to assemble a virgin lower into a pistol? Would this be considerd an nfa item?

NFA is a federal thing and has nothing to do with Maryland, the way I understand it (but I'm new).

Everything MarkP said in 2011 still stands...there are no legal AR15 lowers in MD post 10/1. If you had an "O" registered stripped lower pre-10/01, then that could be built into a pistol given it meets everything MarkP said.

Note: IANAL, following what I say may get you in trouble, it may not, but you made that decision.

 

[SneakySh0rty]

NFA is a federal thing and has nothing to do with Maryland, the way I understand it (but I'm new).

Everything MarkP said in 2011 still stands...there are no legal AR15 lowers in MD post 10/1. If you had an "O" registered stripped lower pre-10/01, then that could be built into a pistol given it meets everything MarkP said.

Note: IANAL, following what I say may get you in trouble, it may not, but you made that decision.

You mean, no legal lowers for sale to MD residents. FFLs are still able to legally sell to out of state residents

Or, if you had a Purchase Order for an AR lower or completed one dated prior to 10/1 you can legally still receive it after 10/1 without issues.

AR type pistol is not regulated by the BATFE. But please look up the laws about what an AR type pistol can or cannot have attached to it.

 

[hacktracker]

Yes, it is legal... so what are the tricks to doing it in Maryland.

1. First you need an AR lower receiver that has NEVER been assembled as a rifle. If it has, stop, do not pass go, do not build it into a pistol with a barrel under 16". If you do, you will have violated federal law and created a short barreled rifle which requires a tax stamp.

2. You need to get that receiver in Maryland. This can be tricky as well.

Option A:

Most FFL's will sell the bare receiver new, but you MUST make sure that it is NOT transferred as a rifle on the 4473. You also should make sure that it NEVER has been transferred as a rifle to the best of your ability. Then on the FORM 77R, you must make sure that it is transferred as O for other or A as an assault weapon. 5-101(p) only bans the Colt AR-15 and copies, but the receiver isn't an assault weapon... however it's not worth arguing with your FFL with since it doesn't specifically state rifle. So who cares. I would prefer to get it transferred as O for other on a form 77R. No FFL (even though it would be legal) in MD will transfer an AR receiver without doing a 77R, that's just the way it is.

Option B:

Is to buy an 80% receiver and finish it at home. This is easier than you might think and involves NO FFL, NO MDSP paperwork, and no serial number requirement on the weapon itself. It's pure beauty is that you can guarantee that it has never been a rifle since you brought it into being.

Option C:

You live somewhere free, purchased a receiver elsewhere and brought it with you when you came here.


3. So now you have a receiver, now you need to order your upper. If you have other AR style weapons, you might want to make a denial pin for the upper that fits nicely into your lower... this will eliminate any confusion should law enforcement decide that you are in constructive possession of a short barreled rifle and prevent you from making the mistake of putting the wrong upper and lower together.

4. Now you've assembled your lower, you've put a buffer tube on it, please pin it so that a stock cannot be easily attached to the stock... another small denial pin here is good thinking... once again preventing law enforcement from making shit up and pretending you were gonna do something you never intended. It also prevents you from coming down with a case of the stupids as well.

5. You've finally got it all together... it's totally legal, totally badass, and now you want to go shoot it. So you grab all your gear and you head out to XXXXXX Shooting range... only to find out that they don't allow rifle rounds on the pistol range and you can't shoot your pistol on the rifle range. That's the way it is at some ranges... some won't or can't let you shoot your cool new toy, others will let you bump fire a damn beta mag if you want. Make sure you find out before you roll on out. Better to be banned for asking the question than making the drive and having to go home.

6. Now you've gotten tired of your toy... you want to sell it. Hold on sparky. You can't sell it as a pistol in Maryland, you have 3 choices.

A. Break it down.
B. Make it a SBR or AOW
C. Put a rifle length upper and rifle stock on it.

Remember a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster, nor can you manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

SO DON'T SELL IT. DON'T. You can transfer it with appropriate paperwork although most FFL's would refuse and I think MSP wouldn't know what to do because they haven't read the law it appears either. You can also loan it, unlike an NFA weapon.

I think that about covers everything I know about building an AR pistol in Maryland.

Mark

Wow, this post is smothered in awesome!

 

[Sticky]

You mean, no legal lowers for sale to MD residents. FFLs are still able to legally sell to out of state residents

Or, if you had a Purchase Order for an AR lower or completed one dated prior to 10/1 you can legally still receive it after 10/1 without issues.

AR type pistol is not regulated by the BATFE. But please look up the laws about what an AR type pistol can or cannot have attached to it.

Agreed and MarkP's post should still be accurate.

 

[jeff31scores]

Just the type of information one needs , someone else in another post even had the atf link with homemade hand gun law info that was great info

 

[OrbitalEllipses]

You mean, no legal lowers for sale to MD residents. FFLs are still able to legally sell to out of state residents

Or, if you had a Purchase Order for an AR lower or completed one dated prior to 10/1 you can legally still receive it after 10/1 without issues.

AR type pistol is not regulated by the BATFE. But please look up the laws about what an AR type pistol can or cannot have attached to it.

Thats a bit pedantic, but correct. The lowers in MD were obtained legally and grandfathered; one may not sell or transfer them inside of MD, so there are no "new" lowers to be precise in my wording.

Appreciate the heads up; no foreword grip and no stock were my understanding. Great way to test a lower for SBR while I wait to see if people get denied for their post 10/1 SBR applications while in possession of a grandfathered lower.

 

[SneakySh0rty]

Thats a bit pedantic, but correct. The lowers in MD were obtained legally and grandfathered; one may not sell or transfer them inside of MD, so there are no "new" lowers to be precise in my wording.

Appreciate the heads up; no foreword grip and no stock were my understanding. Great way to test a lower for SBR while I wait to see if people get denied for their post 10/1 SBR applications while in possession of a grandfathered lower.

Sorry for being a stickler for detail. I knew what you meant, I just wanted to clarify it for the person asking. I'm waiting to see in general if they will be denied, regardless of when the app went in. BATFE can disapprove an app if state/local law prohibits an applicant from owning one.

 

[OrbitalEllipses]

Sorry for being a stickler for detail. I knew what you meant, I just wanted to clarify it for the person asking. I'm waiting to see in general if they will be denied, regardless of when the app went in. BATFE can disapprove an app if state/local law prohibits an applicant from owning one.

It's cool. I wonder if there's an appeals process like there is with NICS or if it's just a flat out "nope, sorry bro" type of deal.

 

[Wfilardo]

I have got a lower that I picked up before Oct 1 that I want to build as an AR pistol. The Form 77 just lists it as a Receiver. Not Rifle, Pistol or Other. Does anyone know if this will be a problem?

 

[SRD]

I have got a lower that I picked up before Oct 1 that I want to build as an AR pistol. The Form 77 just lists it as a Receiver. Not Rifle, Pistol or Other. Does anyone know if this will be a problem?

Your good.

 

[redhawk_hj]

Yes, it is legal... so what are the tricks to doing it in Maryland.

1. First you need an AR lower receiver that has NEVER been assembled as a rifle. If it has, stop, do not pass go, do not build it into a pistol with a barrel under 16". If you do, you will have violated federal law and created a short barreled rifle which requires a tax stamp.

2. You need to get that receiver in Maryland. This can be tricky as well.

Option A:

Most FFL's will sell the bare receiver new, but you MUST make sure that it is NOT transferred as a rifle on the 4473. You also should make sure that it NEVER has been transferred as a rifle to the best of your ability. Then on the FORM 77R, you must make sure that it is transferred as O for other or A as an assault weapon. 5-101(p) only bans the Colt AR-15 and copies, but the receiver isn't an assault weapon... however it's not worth arguing with your FFL with since it doesn't specifically state rifle. So who cares. I would prefer to get it transferred as O for other on a form 77R. No FFL (even though it would be legal) in MD will transfer an AR receiver without doing a 77R, that's just the way it is.

Option B:

Is to buy an 80% receiver and finish it at home. This is easier than you might think and involves NO FFL, NO MDSP paperwork, and no serial number requirement on the weapon itself. It's pure beauty is that you can guarantee that it has never been a rifle since you brought it into being.

Option C:

You live somewhere free, purchased a receiver elsewhere and brought it with you when you came here.


3. So now you have a receiver, now you need to order your upper. If you have other AR style weapons, you might want to make a denial pin for the upper that fits nicely into your lower... this will eliminate any confusion should law enforcement decide that you are in constructive possession of a short barreled rifle and prevent you from making the mistake of putting the wrong upper and lower together.

4. Now you've assembled your lower, you've put a buffer tube on it, please pin it so that a stock cannot be easily attached to the stock... another small denial pin here is good thinking... once again preventing law enforcement from making shit up and pretending you were gonna do something you never intended. It also prevents you from coming down with a case of the stupids as well.

5. You've finally got it all together... it's totally legal, totally badass, and now you want to go shoot it. So you grab all your gear and you head out to XXXXXX Shooting range... only to find out that they don't allow rifle rounds on the pistol range and you can't shoot your pistol on the rifle range. That's the way it is at some ranges... some won't or can't let you shoot your cool new toy, others will let you bump fire a damn beta mag if you want. Make sure you find out before you roll on out. Better to be banned for asking the question than making the drive and having to go home.

6. Now you've gotten tired of your toy... you want to sell it. Hold on sparky. You can't sell it as a pistol in Maryland, you have 3 choices.

A. Break it down.
B. Make it a SBR or AOW
C. Put a rifle length upper and rifle stock on it.

Remember a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster, nor can you manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

SO DON'T SELL IT. DON'T. You can transfer it with appropriate paperwork although most FFL's would refuse and I think MSP wouldn't know what to do because they haven't read the law it appears either. You can also loan it, unlike an NFA weapon.

I think that about covers everything I know about building an AR pistol in Maryland.

Mark

very helpful, thank you!

 

[Trumpet]

Your good.

What if you don't remember our have the paperwork? They were cash n carry though

 

[SRD]

What if you don't remember our have the paperwork? They were cash n carry though

AR10?

 

[msalvas]

Hey guys, I hate to bump an older thread, but does anybody have an answer on this or done this since the new law took effect? I asked one local ffl and he wasn't sure. Asked another one and he said it was an outright no. I consisted calling the state police licensing division and asking them directly but getting ahold of them is another story. Thanks.

Sent from my Samsung Galaxy 10.1

 

[AJRB]

Hey guys, I hate to bump an older thread, but does anybody have an answer on this or done this since the new law took effect? I asked one local ffl and he wasn't sure. Asked another one and he said it was an outright no. I consisted calling the state police licensing division and asking them directly but getting ahold of them is another story. Thanks.

Sent from my Samsung Galaxy 10.1

I'm sure those with more knowledge will chime in.
I would say the answer would be, yes, IF you bought the lower prior to 10/1, as a receiver not a complete rifle.

It's still a good bump because of the last part, #6. This would not apply in the case of the Engage E4 pistol that is in fact on the roster.

Hopefully someone that knows for sure will chime in, but I'm pretty sure you can sell someone else an E4 pistol because it IS on the roster. But you would only be able to sell it someone that holds the HQL.....

"6. Now you've gotten tired of your toy... you want to sell it. Hold on sparky. You can't sell it as a pistol in Maryland, you have 3 choices.

A. Break it down.
B. Make it a SBR or AOW
C. Put a rifle length upper and rifle stock on it.

Remember a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster, nor can you manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

SO DON'T SELL IT. DON'T. You can transfer it with appropriate paperwork although most FFL's would refuse and I think MSP wouldn't know what to do because they haven't read the law it appears either. You can also loan it, unlike an NFA weapon"

 

[msalvas]

I don't have a lower yet but I wanted to buy a stripped lower and register it as a pistol. Based on the info in this thread I don't see why this would be an issue seeing as I never makes that lower into a rifle. I have a completed polymer lower but I'm kind of weary about using it. I may have over bored the wall on the right side.

Sent from my Samsung Galaxy 10.1

 

[jonnyl]

I don't have a lower yet but I wanted to buy a stripped lower and register it as a pistol. Based on the info in this thread I don't see why this would be an issue seeing as I never makes that lower into a rifle. I have a completed polymer lower but I'm kind of weary about using it. I may have over bored the wall on the right side.

Sent from my Samsung Galaxy 10.1

Can't get a stripped lower anymore. There's language in the law to the effect that the receiver of a banned weapon is a banned weapon. So even though you plan to build into a non banned config you can't get that stripped receiver.

Some long threads discussing and opinions vary on how it shod be interpreted differently, but no one is selling them.

 

[Dialtone]

Does Engage still build or sell the E4?

 

[msalvas]

Can't get a stripped lower anymore. There's language in the law to the effect that the receiver of a banned weapon is a banned weapon. So even though you plan to build into a non banned config you can't get that stripped receiver.

Some long threads discussing and opinions vary on how it shod be interpreted differently, but no one is selling them.

From what I gather through buying it online it still seems that you choose on the forms what it will be built into.

Sent from my Galaxy Note 3