Stripped lowers legal?

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,525
    Westminster USA
    He probably won't acknowledge it for professional and ethical reasons, but I will publicly thank Nate for his effort in this and many other activities relating to MD firearms law.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    36,086
    Winfield/Taylorsville in Carroll
    Sure, but it doesn't become said regulated firearm until you build it into said pistol. You're just as likely to make it into a non-regulated HBAR, or single shot rifle, or crossbow, etc. after you buy it. How can they claim that it would be regulated when purchased but then non-regulated once built into an HBAR? Especially since it doesn't have a basis in the law.

    They might be claiming that it could be made into a regulated item, and since there is no process to check what you make it into, they are assuming that it will be made into a regulated item.

    I agree that it could be made into a lot of things that are unregulated, but you also have to agree that it can be built up into a regulated item.

    The thing here is that there is nothing in the law that specifically addresses this issue because I doubt the vast majority of the General Assembly even know what an AR lower is, much less that the same lower can be used in multiple firearms.

    I am trying to spec out a .300 AAC blackout build and figuring this stuff out and the SBR stuff out is driving me nuts, and I am an attorney. I have no idea why MSP and ATF cannot make this a lot simpler. Oh yeah, we live in Maryland.

    If I can get a new lower right now for this build and the Form 1 is being approved by the ATF, then I am going to draft up a trust, buy a new lower, and build the rifle, keeping my pre 10/1/13 lowers for banned configurations.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    I would like to take all of the credit for this, but I cannot.


    Nonetheless, thanks for whatever contributions these are as well as efforts on this and other threads to clarify current regulations and faults in reasoning/potential application of the law. None of which is construed as legal advice of course ...
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,525
    Westminster USA
    Does this now mean you could buy a lower and Form 4 it into an SBR as long as it meets the copycat provisions and is on the roster?
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    36,086
    Winfield/Taylorsville in Carroll
    Does this now mean you could buy a lower and Form 4 it into an SBR as long as it meets the copycat provisions and is on the roster?

    I thought you would need to do a Form 1 on it if you are building it up.

    The issue with making an SBR out of it is that the SBR is considered a handgun per Maryland law and the ATF is supposedly getting hung up on this issue. The thread I have been following in the SBR forum is a nightmare.

    http://www.mdshooters.com/showthread.php?p=3214882&page=3
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,525
    Westminster USA
    If a lower that is part of a pistol/sbr is on the roster why couldn't I buy just the lower and put any upper on it if it meets the copycat provisions? The lower is the firearm.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,525
    Westminster USA
    I thought you would need to do a Form 1 on it if you are building it up.

    The issue with making an SBR out of it is that the SBR is considered a handgun per Maryland law and the ATF is supposedly getting hung up on this issue. The thread I have been following in the SBR forum is a nightmare.

    http://www.mdshooters.com/showthread.php?p=3214882&page=3

    true, but if MSP is now saying a stripped lower is legal to purchase, why couldn't you buy it, and transfer it via a Form 4, as long as it's listed on the roster and meets the copycat provisions?
     

    backhome426

    Member
    Aug 26, 2012
    46
    SouthCounty
    If a lower that is part of a pistol/sbr is on the roster why couldn't I buy just the lower and put any upper on it if it meets the copycat provisions? The lower is the firearm.

    You can! Just not an upper with less than 16" and a stock. Just put whatever upper and a pistol stock. Pistol. Done.

    But you can do that with any lower now.

    If you wanted to SBR it and are worried about the approval pick something from the roster. HBAR or Pistol, use whatever lower.

    IMO
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    36,086
    Winfield/Taylorsville in Carroll

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