HBAR AR15's

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  • spacer75

    Amateur Rocket Scientist
    Jul 29, 2011
    71
    1) If you own an (unregistered) HBAR now, is there a possibility that purchasing a new non-HBAR upper after 10/1 and slapping it on the lower could be considered "manufacturing" and thus a no-no?

    A buddy of mine doesn't own any ARs, but is eyeing an HBAR, even though it won't be banned post-10/1. If the above is the case, shouldn't he buy a non-HBAR or a lower? (Even though the E4-3G is segzy.)

    2) Also, as a corollary, if you own a registered non-HBAR in 5.56 now, and purchase an upper in a different caliber after 10/1, would this be considered a no-no given that it was registered as 5.56/.203?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,134
    1) If you own an (unregistered) HBAR now, is there a possibility that purchasing a new non-HBAR upper after 10/1 and slapping it on the lower could be considered "manufacturing" and thus a no-no?

    Not considered manufacturing, but it will then be considered a (formerly regulated) banned item and cannot be sold in MD. If he were to sell it, it would have to be out of state.

    A buddy of mine doesn't own any ARs, but is eyeing an HBAR, even though it won't be banned post-10/1. If the above is the case, shouldn't he buy a non-HBAR or a lower? (Even though the E4-3G is segzy.)

    If he want a non HBAR configured AR, get it now, and then buy the HBAR after Oct 1.

    2) Also, as a corollary, if you own a registered non-HBAR in 5.56 now, and purchase an upper in a different caliber after 10/1, would this be considered a no-no given that it was registered as 5.56/.203?

    It's not a no-no now, so it shouldn't be a problem after Oct 1.
     

    silver78

    Ultimate Member
    MDS Supporter
    Jan 18, 2009
    2,332
    Regarding the question about only Colt branded HBARs being OK post 10/1/13:

    I think it is unlawful for any state to write a law that only allows one brand to be legal. If other companies make an identical item they must be allowed for sale as well. So a Rock River, Armalite or any other brand HBAR will be legal as long as the Colt brand is legal. Maryland does not have a choice on this one point. That's why other brand HBARs have been sold cash and carry for years throughout the state.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,134
    Regarding the question about only Colt branded HBARs being OK post 10/1/13:

    I think it is unlawful for any state to write a law that only allows one brand to be legal. If other companies make an identical item they must be allowed for sale as well. So a Rock River, Armalite or any other brand HBAR will be legal as long as the Colt brand is legal. Maryland does not have a choice on this one point. That's why other brand HBARs have been sold cash and carry for years throughout the state.

    MSP put out a letter to this effect back in 1998 concerning the Bushmaster HBAR. MSP has since confirmed that so long as a dealer can articulate that the firearm in question is an HBAR, it can be sold cash and carry.

    There was a decent thread on this a few months ago, the letter was posted, and several of us call the MSP Licensing Division and got the same answer as posted above.

    The name and phone number of the trooper we spoke to is also listed for anyone that would like to call and verify for themselves.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,134

    pilotguy299

    Ultimate Member
    Sep 26, 2010
    1,809
    FredNeck County, MD

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,134

    It says an HBAR will remain unregulated, and thus available for sale after Oct 1.

    It also states that if it fails the two feature test, it is then considered a copy cat and then considered a banned firearm and not available for sale in MD.

    So any HBAR after Oct 1 will come with a detachable magazine (not an "evil" feature) and a flash hider ("evil" feature #1).

    They do not come with a folding stock and they do not come with a grenade/flash hider.

    So pretty much any HBAR will still not be a copy cat, and thus unregulated and available after Oct 1.
     

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