Banned AR-15 stripped lower -> legally transferable HBAR?

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  • El_flasko

    Ultimate Member
    Industry Partner
    Nov 16, 2008
    7,399
    Abingdon, MD
    If it was assembled prior 10/1 and is a heavy barrel. In MD (ignoring the GCA of 1968 which made sales illegal to those under 18) you could sell it to a kindergartner in front of Governor Martin O'Malley, Lt. Gov. Brown, and AG Gansler and all they can do is pout.

    I'll be damned, I honestly did not think that was the case. Huh. Thx man :)
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    It really is simple. If you take a legal regulated/banned firearm and configure it into a non regulated/banned configuration then it is no longer covered by the regulation/ban. SBRs and SBSs are covered this way in regards to the NFA. You can also change it back to the regulated/banned configuration if you choose. If you sell it to someone in non regulated/banned configuration then they cannot legally change it back to the regulated/banned configuration without possibly jumping through some hoops first.

    YMMV
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Selling to an FFL does not remove the firearm from the MD database and does not change the data in the database. Even if sold to an MD FFL. At least not if sold in non-regulated form.

    And when the FFL sells it as non-regulated, again, nothing goes to MD. Only 4473 and NICS check.

    It DOES create a papertrail of why you no longer have the firearm though.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Selling to an FFL does not remove the firearm from the MD database and does not change the data in the database. Even if sold to an MD FFL. At least not if sold in non-regulated form.

    And when the FFL sells it as non-regulated, again, nothing goes to MD. Only 4473 and NICS check.

    It DOES create a papertrail of why you no longer have the firearm though.

    Thank you, that's what I was trying to say.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    But if you sold it face to face and did a bill of sale, you would also have a paper trail.
     

    El_flasko

    Ultimate Member
    Industry Partner
    Nov 16, 2008
    7,399
    Abingdon, MD
    Not that I don't believe or trust the solid thoughts and opinions presented in this thread (good topic btw OP), but what are the odds of one of our resident lawyer type folks chiming in on this for informational purposes only?

    Many thanks.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Why? If he finished an 80% receiver before 10/1 it's a perfectly legal receiver (for his own personal use).

    Or he can finish the 80% out of state to this day. You can't transport an Assault Weapon into the state, or possess one not owned/ordered before 10/1. Finish the 80% out of state, put it into a non-banned configuration (HBAR or Pistol), and you're not transporting an Assault Weapon into the state. Even with MSP's interpretation that a stripped AR lower is a banned Assault Weapon, just don't finish it into a banned rifle or leave it stripped when you bring it home.
     

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