Well this might be a fun test, MD SBR rule test

[scottyfz6]

Okay I spoke about this before some where on here.

I just ordered a FS ap5 and I plan on SBRing it, but I am going to try to use the letter the state put out during the brace stuff to not be over 29 inches. I have SBRs now that where approved with the letter that are under 29 inches, and as far as I know I the letter did not have an expiration date.

So I will receive the firearm and put a brace on it and immediately form 1 it for an sbr with the maryland letter included. The worst that happens is it gets rejected and go thru the alternate routes to get it SBred. Heck I would probably just pin a can to it and go full time suppressed.

lets see what happens

 

[scottyfz6]

@RRomig

 

[outrider58]

I'm pretty sure the AFT had a definite window of opportunity that has since then closed. I do not remember the exact date because I didn't play the game.

I'm not discouraging you from trying though. I say go for it. They can only say no.

 

[Growler215]

I'm pretty sure the AFT had a definite window of opportunity that has since then closed. I do not remember the exact date because I didn't play the game.

I'm not discouraging you from trying though. I say go for it. They can only say no.

I think the "window of opportunity" was just for the free NFA registration.

As far as I can tell, there is no reason you can't Form 1 an SBR now with a brace, but you'll have to pay for a stamp and I believe you have to get it engraved.

 

[scottyfz6]

I'm pretty sure the AFT had a definite window of opportunity that has since then closed. I do not remember the exact date because I didn't play the game.

I'm not discouraging you from trying though. I say go for it. They can only say no.

Yes the atf set a deadline to register them, but due to court cases putting it on Hold they cant charge anyone under the rule. But maryland still should be standing by their letter, as they dont consider a braced firearm a sbr, hence the 29 inch rule does not apply.

 

[Squaregrouper]

Yes the atf set a deadline to register them, but due to court cases putting it on Hold they cant charge anyone under the rule. But maryland still should be standing by their letter, as they dont consider a braced firearm a sbr, hence the 29 inch rule does not apply.

Do you have any dogs?

 

[scottyfz6]

I think the "window of opportunity" was just for the free NFA registration.

As far as I can tell, there is no reason you can't Form 1 an SBR now with a brace, but you'll have to pay for a stamp and I believe you have to get it engraved.

Yes you do need to pay for the stamp, no big deal, same with the engraving. But again if it was sold in maryland as a pistol, in their mind brace or not its a pistol and if SBRed with a brace maryland said in their letter it is still a pistol so no 29 inch rule.

The tricky part is what happens if you put a real stock on the braced SBR. Under marylands Rules an sbr is illegal unless registered with the atf. This would register it with the atf so therefore maryland legal.

 

[scottyfz6]

Do you have any dogs?

Yes two.

The atf will not come to visit, because it will be registered with them. MSP wont come to visit because under the law of maryland it legal.

All this assumes the atf will do the stamp, if not I will just pin on a suppressor which I already have and is registered.

 

[outrider58]

I think the "window of opportunity" was just for the free NFA registration.

As far as I can tell, there is no reason you can't Form 1 an SBR now with a brace, but you'll have to pay for a stamp and I believe you have to get it engraved.

That's a good point.

 

[scottyfz6]

Ok stamp filed for a sbr of a mke ap5 with an over all length of 27 inches with the advisory letter from the state police attached. I did call it as a braced mke ap5 in the description.

So we shall see if it still works.

 

[smokey]

No idea why you wouldn't just toss a sba4 or sba3 in it and call it a day.

 

[outrider58]

No idea why you wouldn't just toss a sba4 or sba3 in it and call it a day.

For one, if he takes the gun out of state, he can slap a real stock on it. Other than that, probably no other viable reason.

 

[Hibs]

Ok stamp filed for a sbr of a mke ap5 with an over all length of 27 inches with the advisory letter from the state police attached. I did call it as a braced mke ap5 in the description.

So we shall see if it still works.

I've got one pending as well, MKE AP5. No advisory letter, I stated mine will be 29.5". Been 6 weeks still nothing back.

 

[scottyfz6]

I've got one pending as well, MKE AP5. No advisory letter, I stated mine will be 29.5". Been 6 weeks still nothing back.

its only over 29 with the add on spacer on the rear of the standard length mp5 stock. The standard length is 27 with a stock stock

 

[scottyfz6]

For one, if he takes the gun out of state, he can slap a real stock on it. Other than that, probably no other viable reason.

Go back to the beginning of the thread. I am arguing that the law in Maryland bans copy cat weapons under 29 inches. But SBRs are called out differently in the law, and says they are legal in maryland if registered with the ATF. Yes for years the atf would not approve a sbr if under 29 inches, but once its registered as a sbr, I say the copy cat law does not apply, because MD law calls out registered sbrs differently.

 

[scottyfz6]

Maryland sbr law, says nothing about length.

Universal Citation: MD. Public Safety Code § 5-203 (2022)
(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(1) the person, while on official business is:
(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
(ii) a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
(iv) a warden or correctional officer of a correctional facility in the State; or
(v) a sheriff or a temporary or full-time deputy sheriff; or
(2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

 

[Sundazes]

Maryland sbr law, says nothing about length.

Universal Citation: MD. Public Safety Code § 5-203 (2022)
(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(1) the person, while on official business is:
(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
(ii) a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
(iv) a warden or correctional officer of a correctional facility in the State; or
(v) a sheriff or a temporary or full-time deputy sheriff; or
(2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Be that as it may, you can test it in court.

 

[scottyfz6]

Maryland law on copycat weapons. It says center fire rifle, no wording about SBRs. So it would default to the legal rule for SBRs posted above.

(h) (1) “Copycat weapon” means:

(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:

1. a folding stock;

2. a grenade launcher or flare launcher; or

3. a flash suppressor;

(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;

(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;

(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;

(v) a semiautomatic shotgun that has a folding stock; or

(vi) a shotgun with a revolving cylinder.

(2) “Copycat weapon” does not include an assault long gun or an assault pistol.


https://mdsp.maryland.gov/Organization/Documents/2014CopycatWeapon.pdf

 

[outrider58]

Go back to the beginning of the thread. I am arguing that the law in Maryland bans copy cat weapons under 29 inches. But SBRs are called out differently in the law, and says they are legal in maryland if registered with the ATF. Yes for years the atf would not approve a sbr if under 29 inches, but once its registered as a sbr, I say the copy cat law does not apply, because MD law calls out registered sbrs differently.

I don't need to...

We know why you are doing this. My point was, the only practical advantage would be...