ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
Bigger concern is if you wanted to make said stripped lower a pistol. Since it was transferred as an HBAR rifle, it can never be put into pistol configuration.
If the Lower was purchased after 10/2013 then it's not legal in MD.
The original post does not sound like a question.
This reminds me of the mythical "transfer PS90 as pistol" scheme, which is eventually going to result in someone landing in a large amount of trouble. It does not have an HBAR by any definition of the term.
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
Not legal. How so?
Lower transferred as HBAR rifle.
If the HBAR was purchased as a complete rifle before 10-1-13, putting a non HBAR upper on it now would be illegal, as you are making a banned firearm.
Here is your original post title:
#1 - An AR Lower is not an HBAR, ever. It's an OTHER. If purchased from a MD FFL, it has a 7 day wait, and the MSP red tape.
#2 - If the Lower was purchased as a complete AR, or as a Lower AFTER 10/2013, it can't have anything but an HBAR on it. Not legal in MD. If an HBAR or Lower was purchased before 10/2013, then it CAN have a NON HBAR Upper installed.
#3 - If it was purchased as an HBAR is can never be a pistol.
#4 Your co worker is an idiot if he thinks he can't get caught. The MSP has busted people from non HBAR possessions. They often get them on traffic stops.
He says the FFL just did it this way, without asking. The buyer was unsure of the law and relied on the FFL to do it correctly.
If that was the case I'd find the pertinent part of the law and take it to the FFL and try to work it out with them. If they refuse, MSP should be able to sort it out. People aren't perfect and make mistakes.
There would have been no 77R. if the MSP runs the serial number and it doesn't appear in the system, yet it has a non HBAR upper on it, someone got some 'splainin' to do.He called FFL and was told "it was done as an HBAR". Cash and carry. Now what?
what if the FFL transfers a shotgun and I cut down the barrel. My coworker says she will never get caught. must be a loophole.
lol...
someone can correct me if I'm wrong here but sounds like
1) Co worker is not giving you the entire story that is needed to render a proper opinion on the legality of the transfer
2) Someone did something not properly legal in the transfer
Was the lower a stripped lower? or maybe the lower was assembled and all just part of an HBAR rifle sold on a 4473 only?
Did he buy an 80% from someone?
Did he buy from a gun shop?
If it was purchased as a complete HBAR rifle on a 4473 only, I don't think it matters the time and date when originally purchased, you just can't make it anything but hbar. I think some have argued if you purchased it out of state prior to 10/1/13 and it was an HBAR, then registered it after moving to MD, you may be good but don't recall if anyone tested that one circumstance.