HBAR lower legality question, for the experts

[OLM-Medic]

I currently have an HBAR upper that I don't want.

Is it legal to sell the HBAR upper and use the non-regulated lower attached to a regular profile upper?

 

[ken792]

I currently have an HBAR upper that I don't want.

Is it legal to sell the HBAR upper and use the non-regulated lower attached to a regular profile upper?

No, by doing so you are assembling a banned firearm. Unless of course, you have already put an evil upper on it prior to 10/1.

 

[teratos]

No, by doing so you are assembling a banned firearm. Unless of course, you have already put an evil upper on it prior to 10/1.

This

 

[OLM-Medic]

No, by doing so you are assembling a banned firearm. Unless of course, you have already put an evil upper on it prior to 10/1.

Well if it was on there prior to 10/1, would it be legal then? That's my concern.

I am concerned with having an HBAR lower, with no HBAR upper anywhere to be found.

 

[Skins_Brew]

I am just curious, what kind of upper do you want to put on that cannot accomodate an HBAR?

 

[fivepointstar]

was it purchased as a HBAR or did you build it as a HBAR

I think it makes a difference

LMK if you end up selling the upper?

 

[fabsroman]

was it purchased as a HBAR or did you build it as a HBAR

I think it makes a difference

LMK if you end up selling the upper?

I think the big question is whether the lower/complete gun was purchased as a regulated firearm or cash and carry.

If it was purchased as a regulated firearm on a Form 77r, the OP can swap uppers to his heart's content unless the barrel is less than 16" and he does not have the tax stamp.

If it was a cash and carry rifle, with no Form 77r, then the "evil" upper would have had to have been on the rifle prior to October 1, 2013.

Exactly how the heck law enforcement would be able to prove that the evil upper was not on the rifle prior to October 1, 2013 is beyond me, unless the OP were to volunteer that information.

Seeing how law enforcement is going to enforce some of this stuff will be interesting. Scary too.

 

[KingGeorge]

If you owned that lower prior to October 1st you can slap any upper on it you want.

 

[vinjet700]

If you owned that lower prior to October 1st you can slap any upper on it you want.

This has been my impression?

 

[KingGeorge]

This has been my impression?

Then you've had a good impression my friend. Just go on websites they all say will not ship lowers and shot to maryland. Then look at uppers available and it does not list Maryland for the uppers. I'm about to order me a 16inch lightweight upper soon! And the company will ship right to my door step. Uppers aren't illegal, uppers are considered (parts) so aslong as you owned your lowers prior to oct 1st you can order any upper you want. There's even gun shops in Maryland selling uppers.... I doubt they'd do that if it were illegal lol.

People are making too much fear out of sb281. Anything lower prior to October 1st is grandfathered in. The upper is just parts like i said before. Don't let punk ass omalley own y'all brains like that. It's a reason why threads like this aren't flooded with responses by the experts.... It's because the experts of the law has answered this question a hundred times. Relax my brothers. Uppers are good to go aslong as it's going on a lower you already owned before sb281

 

[mbz300sdl]

Well if it was on there prior to 10/1, would it be legal then? That's my concern.

I am concerned with having an HBAR lower, with no HBAR upper anywhere to be found.

Classifieds I am selling one

 

[fabsroman]

Then you've had a good impression my friend. Just go on websites they all say will not ship lowers and shot to maryland. Then look at uppers available and it does not list Maryland for the uppers. I'm about to order me a 16inch lightweight upper soon! And the company will ship right to my door step. Uppers aren't illegal, uppers are considered (parts) so aslong as you owned your lowers prior to oct 1st you can order any upper you want. There's even gun shops in Maryland selling uppers.... I doubt they'd do that if it were illegal lol.

People are making too much fear out of sb281. Anything lower prior to October 1st is grandfathered in. The upper is just parts like i said before. Don't let punk ass omalley own y'all brains like that. It's a reason why threads like this aren't flooded with responses by the experts.... It's because the experts of the law has answered this question a hundred times. Relax my brothers. Uppers are good to go aslong as it's going on a lower you already owned before sb281

Let's get this right so people don't say the wrong thing and get arrested.

If you owned an ASSAULT LONG GUN or COPYCAT LONG GUN on September 30, 2013, then it is grandfathered.

Now, the HBAR is NOT an ASSAULT LONG GUN or COPYCAT LONG GUN. It is exempted from that class of firearms and it can still be purchased to this day. Hence, it is NOT banned. So, if you did not convert that HBAR to a banned configuration prior to October 1, 2013, then you did not possess a grandfathered weapon on September 30, 2013 and you CANNOT put any upper you wish on it, but only an upper with a HBAR barrel.

Simply put, the upper on a HBAR that was not in a banned configuration prior to October 1, 2013 can be changed, but the barrel MUST remain a HBAR. We also need to distinguish between an upper and a complete upper. Any complete upper purchased for that rifle MUST have a HBAR barrel.

Now, how the authorities could possibly figure out when the firearm was changed from a cash and carry HBAR to a banned configuration is beyond me, unless somebody actually volunteers that information.

 

[Pinecone]

Also realize, that if you have taken an HBAR and put another upper on it, prior to Oct 1, you can no longer sell it FTF or sell it to any MD resident.

So if you were JUST THINKING ABOUT DOING THIS, and you really only had the HBAR upper on it, it is fully transferable.

 

[Dogabutila]

If you owned that lower prior to October 1st you can slap any upper on it you want.

What if you purchased the lower prior to 10/1 but didn't pick it up until after? Purchased as regulated.

 

[Skins_Brew]

I am still curious about why you need to get rid of the upper. Hypothetically speaking, if we lived in a free state, what would you put on that lower?

 

[Blackstar65]

Can a lower still be purchased to build an HBAR? I still want the Hellbreaker.

 

[swinokur]

If you bought a complete HBAR prior to Oct. 1 without a 77r, how would it be legal to put a "regulated" upper on it even prior to Oct.1 without registering it as a regulated firearm?

I'm not arguing, just want to know the legal reasoning behind it.

 

[ken792]

If you bought a complete HBAR prior to Oct. 1 without a 77r, how would it be legal to put a "regulated" upper on it even prior to Oct.1 without registering it as a regulated firearm?

I'm not arguing, just want to know the legal reasoning behind it.

Before 10/1, it was not illegal to "assemble" your own regulated firearm, provided you were not a prohibited person. It was just as legal to evil up an HBAR as it was to bend your own AK receiver, drill your own AR lower from an 80%, or to slap a folding stock onto a Mini-14. There was no registration requirement.

 

[swinokur]

ok. makes sense

 

[OLM-Medic]

I need some clarification here to see if I have this right.

I can sell this upper and get rid of it, as long as the new one has an HBAR profile...right?