md law on uppers?

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  • beast7

    Member
    May 26, 2017
    2
    hi, im new to guns and have searched for the answer to my question but haven't found a direct answer. if i bought a lower before oct 2013 can i buy any upper i want for it? what if any restrictions apply to pre 10.2013 lowers? thanks.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Rule on upper before Oct 2013 go to Federal SBR regulations. If lower configured with rifle or carbine stock then basically speaking it's an SBR if rifle has a barrel shorter than 16″ or smaller than 26″ overall length. For that you need to apply for Tax Stamp prior to build and dicey to have components prior to approval at ATF can consider that intent. ATF web page has the authoritative data on Short Barreled Rifle (SBR) regulations.

    If not SBR, than lots of open options for upper assuming lower bought before Oct 2013 and would add provable. My humble opinion.

    Sent from my SM-G930P using Tapatalk

    New SBR's in MD must be 30 inches overall length.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,351
    To expand for OP ;

    Pre Oct '13 lowers may use any bbl profile . Bbl length must comply with Federal law ( ie 16in and up for rifles without entering NFA land).

    If built as a pistol, no restrictions. But kind of squandering a Grandfathered lower.

    If built as an " Other-Other " no restrictions on bbl, other than greater than 26 in OAL . But again squandering a Grandfathered lower, as the same thing can be built using a post '13 lower.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,330
    My guess is post #2 will be they can't find anyone willing to sell a non HBAR upper to anyone in Maryland.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,351
    You can *buy* a standard profile upper anywhere . You just can't attach it to a post '13lower.
     

    SSGRosa

    Member
    May 31, 2013
    5
    Pasadena
    Pistol lowers

    So, go nuts with that pre '13 lower. But, any new lowers you buy should be "pistol" lowers for the cool guy barrels. No reason not to especially since the ATF ruled putting a pistol stabilizing brace to your shoulder was no longer illegal.
     

    DubTap21

    Active Member
    Jan 27, 2013
    551
    Silver Spring
    My guess is post #2 will be they can't find anyone willing to sell a non HBAR upper to anyone in Maryland.
    You can buy any upper you want in Maryland, it just can't go on a post 10/31 lower. I've ordered​ and received a Mk18 upper and BCM 12.5in upper with zero problems.

    Sent from my SM-N930T using Tapatalk
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,669
    MoCo
    With a thread title, "md law on uppers?" I thought we would be exploring the world of amphetamines.

    A couple of BIG caveats regarding pre-2013 lowers. If you want to affix a non-h-bar upper on a pre-October 1, 2013 lower any time after October 1, 2013, the lower must have been built out before October 1, 2013 and must have had a non-h-bar rifle barrel (not pistol) upper attached to it before October 1, 2013. It doesn't matter if you bought the lower in 1989, if it was not built out and had any non-h-bar upper mounted on it before 10/1/13, it is not grandfathered. If you have uncompleted pre-10/1/13 lower in your safe, you missed the boat for mounting a pencil barreled-upper on it. Building it out today is too late. Building it out and mounting a non-h-bar upper on it must have been done before 10/1/13. If you did that, you can change uppers like you change socks. If you didn't, you're limited to h-bars, or pistols.

    IIRC, there are other rules if you only had a pistol upper on a pre-10/1/13 lower before the ban, but I am not a pistol guy.
     

    DubTap21

    Active Member
    Jan 27, 2013
    551
    Silver Spring
    With a thread title, "md law on uppers?" I thought we would be exploring the world of amphetamines.

    A couple of BIG caveats regarding pre-2013 lowers. If you want to affix a non-h-bar upper on a pre-October 1, 2013 lower any time after October 1, 2013, the lower must have been built out before October 1, 2013 and must have had a non-h-bar rifle barrel (not pistol) upper attached to it before October 1, 2013. It doesn't matter if you bought the lower in 1989, if it was not built out and had any non-h-bar upper mounted on it before 10/1/13, it is not grandfathered. If you have uncompleted pre-10/1/13 lower in your safe, you missed the boat for mounting a pencil barreled-upper on it. Building it out today is too late. Building it out and mounting a non-h-bar upper on it must have been done before 10/1/13. If you did that, you can change uppers like you change socks. If you didn't, you're limited to h-bars, or pistols.

    IIRC, there are other rules if you only had a pistol upper on a pre-10/1/13 lower before the ban, but I am not a pistol guy.
    How are "they" going to enforce or even know that? Lol.

    Sent from my SM-N930T using Tapatalk
     

    Mini14tac

    Ultimate Member
    MDS Supporter
    May 14, 2013
    2,157
    North County
    With a thread title, "md law on uppers?" I thought we would be exploring the world of amphetamines.

    A couple of BIG caveats regarding pre-2013 lowers. If you want to affix a non-h-bar upper on a pre-October 1, 2013 lower any time after October 1, 2013, the lower must have been built out before October 1, 2013 and must have had a non-h-bar rifle barrel (not pistol) upper attached to it before October 1, 2013. It doesn't matter if you bought the lower in 1989, if it was not built out and had any non-h-bar upper mounted on it before 10/1/13, it is not grandfathered. If you have uncompleted pre-10/1/13 lower in your safe, you missed the boat for mounting a pencil barreled-upper on it. Building it out today is too late. Building it out and mounting a non-h-bar upper on it must have been done before 10/1/13. If you did that, you can change uppers like you change socks. If you didn't, you're limited to h-bars, or pistols.

    IIRC, there are other rules if you only had a pistol upper on a pre-10/1/13 lower before the ban, but I am not a pistol guy.
    Here is the MSP advisory! Yes you can build a pre ban lower into a standard profile barrel rifle. It did not have to be assembled prior to 10/1/2013. Not what is stated above!

    http://mdsp.maryland.gov/Document D...3 - Receivers of Banned Assault Long Guns.pdf
     

    vgplayer

    Ultimate Member
    Jan 17, 2013
    1,069
    King George, VA
    With a thread title, "md law on uppers?" I thought we would be exploring the world of amphetamines.

    A couple of BIG caveats regarding pre-2013 lowers. If you want to affix a non-h-bar upper on a pre-October 1, 2013 lower any time after October 1, 2013, the lower must have been built out before October 1, 2013 and must have had a non-h-bar rifle barrel (not pistol) upper attached to it before October 1, 2013. It doesn't matter if you bought the lower in 1989, if it was not built out and had any non-h-bar upper mounted on it before 10/1/13, it is not grandfathered. If you have uncompleted pre-10/1/13 lower in your safe, you missed the boat for mounting a pencil barreled-upper on it. Building it out today is too late. Building it out and mounting a non-h-bar upper on it must have been done before 10/1/13. If you did that, you can change uppers like you change socks. If you didn't, you're limited to h-bars, or pistols.

    IIRC, there are other rules if you only had a pistol upper on a pre-10/1/13 lower before the ban, but I am not a pistol guy.

    Please read MDSP advisory from 05/16/14 linked above and consider tracking down those you have misinformed.
     

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