sks legality question

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  • BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    yep You can google SB281 and confirm that Erwos was correct. Over 10 rounds in fixed magazine center fire rifle is defined as an assault rifle.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Just curious are the fixed 20rd mag rifles banned under the mag capacity law?

    img_7158.jpg_thumbnail0.jpg

    Copycat.

    Fixed magazine with more than 10 rounds capacity is one of the copy cat provisions.

    Banned.
     

    Naptown52

    Active Member
    Dec 16, 2013
    113
    An MDSP officer just happens to walk into your garage while youre in the middle of working on it? Probably unlikely that would happen though.
     

    ObsceneJesster

    Ultimate Member
    Jan 31, 2011
    2,958
    Sad.... I had my Pre October 2013 conversions documented photographically and then notarized just as a CYA... keep it in my safe. You know how the guilty until proven innocent stuff works

    Same here. I didn't have mine notarized but I did take time stamped pictures along with video. I then uploaded them to multiple cloud based servers, I also emailed them to myself. Finally, I loaded them onto a USB memory stick and mailed them to myself through certified (signature required) mail and stuck the unopened envelope in my safe.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    What you can get away with and what's legal, are not the same thing. The SB281 FAQ deals with "what's legal".

    The MSP could, for example, show a post-10/1 receipt for an SKS detachable mag obtained via warrant, and then show your federal paperwork for the post-10/1 SKS (which they now wouldn't need a warrant to obtain if it was in-state). That would be very awkward to deal with in court, and probably meets the "beyond a reasonable doubt" standard.
     

    FFBWMD

    ,
    Industry Partner
    Oct 3, 2011
    4,682
    Woodbine MD
    Prior to Oct 1st 2013, there were two rulings on the SKS in MD. If it had a fixed magazine it was cash and carry, it it had a detachable magazine it was considered "regulated" by MD and required MSP 77r for transfer. So theoretically even before 10-1-13 if you bought a fixed mag SKS and converted it to accept detachable mags you were creating an unregistered regulated weapon. This is just my perspective on this so dont slam me! Now that an SKS with detachable mag is banned for sale or transfer in MD to do so would be again in violation of the law
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,807
    Howard County
    Prior to Oct 1st 2013, there were two rulings on the SKS in MD. If it had a fixed magazine it was cash and carry, it it had a detachable magazine it was considered "regulated" by MD and required MSP 77r for transfer. So theoretically even before 10-1-13 if you bought a fixed mag SKS and converted it to accept detachable mags you were creating an unregistered regulated weapon. This is just my perspective on this so dont slam me! Now that an SKS with detachable mag is banned for sale or transfer in MD to do so would be again in violation of the law

    I don't believe that is correct. Pre SB281, you could buy an HBAR cash and carry and then later put on non HBAR upper without having to register it.

    That is because there was no mandatory registration requirement before 281. You were also allowed to build your own banned guns like AK47s.
     

    FFBWMD

    ,
    Industry Partner
    Oct 3, 2011
    4,682
    Woodbine MD
    I don't believe that is correct. Pre SB281, you could buy an HBAR cash and carry and then later put on non HBAR upper without having to register it.

    That is because there was no mandatory registration requirement before 281. You were also allowed to build your own banned guns like AK47s.

    Not sure that is right, if there was no mandatory registration for a non hbar why did a non hbar require msp paperwork? What it comes down to was MD wanted to know as much as possible about who had these weapons, since the hbar was deemed c&c they could not follow those. All I know is I was told a long time ago by MSP that to take a c&c AR and make it into a non-hbar would be possession of a non registered "regulated" weapon. No different than acquiring a modern handgun and not registering it with MSP
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,807
    Howard County
    Not sure that is right, if there was no mandatory registration for a non hbar why did a non hbar require msp paperwork? What it comes down to was MD wanted to know as much as possible about who had these weapons, since the hbar was deemed c&c they could not follow those. All I know is I was told a long time ago by MSP that to take a c&c AR and make it into a non-hbar would be possession of a non registered "regulated" weapon. No different than acquiring a modern handgun and not registering it with MSP

    The paperwork was required for the transfer between different individuals. MSP just went ahead and registered it because they could.

    Individual MSP Troopers make up gun laws daily. Unless it is in writing take it with a grain of salt. Even then take it with a grain of salt.

    There are a ton of threads on here pre oct 1 of people building AKs from flats and building ARs from 80% lowers. You don't even need to serial number home builds.

    Pre oct 1 you didn't need to register regulated weapons you brought with you when you moved here either.
     

    FFBWMD

    ,
    Industry Partner
    Oct 3, 2011
    4,682
    Woodbine MD
    The paperwork was required for the transfer between different individuals. MSP just went ahead and registered it because they could.

    That is correct

    Individual MSP Troopers make up gun laws daily. Unless it is in writing take it with a grain of salt. Even then take it with a grain of salt.

    Trust me for the most part i agree with you, however if you have been informed of the legality of something (even if it is not always right) and you willfully violate this you could be trying to explain your way out of it to a judge

    There are a ton of threads on here pre oct 1 of people building AKs from flats and building ARs from 80% lowers. You don't even need to serial number home builds.

    Apples to oranges, we werent talking about home builds/manufacturing

    Pre oct 1 you didn't need to register regulated weapons you brought with you when you moved here either.

    This is true, but you already owned it in a "regulated" configuration prior
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Prior to Oct 1st 2013, there were two rulings on the SKS in MD. If it had a fixed magazine it was cash and carry, it it had a detachable magazine it was considered "regulated" by MD and required MSP 77r for transfer. So theoretically even before 10-1-13 if you bought a fixed mag SKS and converted it to accept detachable mags you were creating an unregistered regulated weapon. This is just my perspective on this so dont slam me! Now that an SKS with detachable mag is banned for sale or transfer in MD to do so would be again in violation of the law

    What date did they decide this?
     

    FFBWMD

    ,
    Industry Partner
    Oct 3, 2011
    4,682
    Woodbine MD
    What date did they decide this?

    I believe in 1995 MD established the "regulated" firearms list for longguns. Meaning any longgun on thier list ie: AR15 (other than hbar), AK's, HK's, FN FALS, Uzi carbines etc required them to be transferred within MD on a MSP form 77r. This same list is what the politicions adopted last year in SB281 and what ultimately became "banned" weapons. If you look on the list an SKS with detachable magazine is on there.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Regulated long guns started in something like 1989.

    The list was revised (increased) in 1994 with the Federal AW ban. And MD required all regulated firearms to be transferred on a 77R as of 1996. Prior to 96, FTF transfers of even handguns was OK.

    But when did they say that putting a detachable mag on an SKS was illegal? Was it just that you made a regulated firearm? Similar to putting a GI profile barrel upper on an HBAR?
     
    Feb 28, 2013
    28,953
    But when did they say that putting a detachable mag on an SKS was illegal? Was it just that you made a regulated firearm? Similar to putting a GI profile barrel upper on an HBAR?

    In either case, you're manufacturing a banned weapon, that wasn't originally sold as regulated and thus registered. Either way, before or after the ban, is a violation.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,807
    Howard County
    In either case, you're manufacturing a banned weapon, that wasn't originally sold as regulated and thus registered. Either way, before or after the ban, is a violation.

    Pre Oct 1 you could literally manufacturer your own regulated weapons.

    I have seen AKs made from flats and ARs made from 80% lowers.
     

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