Age limit on manufacturing / possessing a handgun?

[trappingturtles]

12 years of being a gun/drug cop. Yeah and what the exemption is stating is that if you have to use a lawfully owned handgun to protect life inside your home (your dad’s gun) you won’t go to jail.

Ok thank you for the clarification sir.

 

[trappingturtles]

I agree, the vagueness of the law is confusing. Notice that throughout § 5-133, it only mentions possession but not ownership of regulated firearms. This brings to mind the case against Alwin Chen, whom was charged with possession of a regulated firearm, in addition to two more crimes. That firearm looks like a home built Poly80 Glock 19. He eventually plead guilty to 'wear, carry and transport' of a handgun, but plead and found not guilty to possession. If possession was the only charge would he have been so lucky?

https://www.scmp.com/news/world/uni...star-pupil-alwin-chen-says-he-brought-handgun

Yeah that case is important. That’s for the reference

 

[trappingturtles]

How many times do we have to answer the same questions? You’re gonna still get the same answers. Call or visit your local MSP barracks and ask them. And BTW there is a huge difference between the terms “possession” and “ownership”. Maybe that’s what you’re hung up on.

I understand what you are saying, but ownership means buying or transferring, manufacturing means making. Only laws around handguns are buying, transferring, and selling, not manufacturing for the most part. That is what this thread is about. This thread is about the law. Ownership is implying purchasing, which I wouldn’t do theoretically

 

[Mightydog]

I understand what you are saying, but ownership means buying or transferring, manufacturing means making. Only laws around handguns are buying, transferring, and selling, not manufacturing for the most part. That is what this thread is about. This thread is about the law. Ownership is implying purchasing, which I wouldn’t do theoretically

Not exactly what you asked in your initial post. Read the first line again. “Technically claim possession”. You can’t make modifications to a firearm you don’t claim ownership to. I’m done.

 

[Mark75H]

I understand what you are saying, but ownership means buying or transferring, manufacturing means making. Only laws around handguns are buying, transferring, and selling, not manufacturing for the most part. That is what this thread is about. This thread is about the law. Ownership is implying purchasing, which I wouldn’t do theoretically

Not exactly what you asked in your initial post. Read the first line again. “Technically claim possession”. You can’t make modifications to a firearm you don’t claim ownership to. I’m done.

Without the proper FFL class for manufacturing, you can't make guns for other people. If you manufacture it, you are the possessor, unless you break the manufacture for commerce law.

 

[trappingturtles]

Without the proper FFL class for manufacturing, you can't make guns for other people. If you manufacture it, you are the possessor, unless you break the manufacture for commerce law.

I know *♂️ This theoretical situation is a person making their own firearm out of an 80% for PERSONAL use. Not selling it.

 

[Mark75H]

I know *♂️ This theoretical situation is a person making their own firearm out of an 80% for PERSONAL use. Not selling it.

If you make it, you possess it unless you sell it. A or B you are still out.

 

[trappingturtles]

If you make it, you possess it unless you sell it. A or B you are still out.

If I understand this correctly, 80% have no legal jurisdiction, but as soon as I put a hole in it, it’s a regulated firearm. I know dealers are told to do a 77r on it, but is the age to strip a receiver 21 or 18? I’m assuming it’s 21, so it would void me. Since they could be built into pistols, rifles, or others the age of 21 makes sense.

 

[lazarus]

I agree, the vagueness of the law is confusing. Notice that throughout § 5-133, it only mentions possession but not ownership of regulated firearms. This brings to mind the case against Alwin Chen, whom was charged with possession of a regulated firearm, in addition to two more crimes. That firearm looks like a home built Poly80 Glock 19. He eventually plead guilty to 'wear, carry and transport' of a handgun, but plead and found not guilty to possession. If possession was the only charge would he have been so lucky?

https://www.scmp.com/news/world/uni...star-pupil-alwin-chen-says-he-brought-handgun

That’s because it isn’t illegal to own guns in pretty much any scenario. I can be a double homicide convicted felon and it’s perfectly legal to own guns. I just may not possess them. I don’t lose my property rights once I become prohibited. Now my attorney would need to hold them, or a holding company or something like that where I cannot access/possess them.

Possess in law means to have access to or physically be on your person. I can possess a gun without owning it.

 

[lazarus]

I understand what you are saying, but ownership means buying or transferring, manufacturing means making. Only laws around handguns are buying, transferring, and selling, not manufacturing for the most part. That is what this thread is about. This thread is about the law. Ownership is implying purchasing, which I wouldn’t do theoretically

You purchased the 80%. You own it. If you manufacture it in to a firearm, you still own it. If it’s on your person or you have access to it (say in your house, in a safe you know the combination to, etc) then you also possess it.


Possession under 21 is not legal except in self defense cases.

Talk to MSP if you’d like, but I think we are all being fairly clearly, it is a bad idea and under the law turning an 80% in to an AR lower is probably a crime for you being under 21, even if you turned it in to a rifle/carbine right away because of how stupid the law is.

If you made an AR pistol it would certainly be a crime in MD as you’d be possessing it. Which is banned unless you are actively engaged in self defense. Bad guys at the door you’d be fine. Hypothetical future self defense with it in the home would not be.

 

[lazarus]

If I understand this correctly, 80% have no legal jurisdiction, but as soon as I put a hole in it, it’s a regulated firearm. I know dealers are told to do a 77r on it, but is the age to strip a receiver 21 or 18? I’m assuming it’s 21, so it would void me. Since they could be built into pistols, rifles, or others the age of 21 makes sense.

Yes it is 21 on any regulated firearm and the 77r is only for registration or transfer of a regulated firearm. You just don’t require an HQL for an AR-15 lower as it isn’t a handgun, but it is still considered regulated.

If you bought a completed HBAR AR-15 rifle/carbine it would be a 4473 or face-to-face transfer and age 18. Just don’t go turning that in to an AR pistol later as that’d be two crimes for you (under 21 possession and manufacturing a pistol from a rifle).

 

[rseymorejr]

Your best bet at this point would be to find a lawyer that deals with firearms related issues. Pay them for a consultation and get their opinion. Then you can plan your actions on that opinion.

 

[Art3]

This possession v. ownership splitting hairs makes me think of Cops or Live PD, when the police pull a bag of heroin/meth/crack out of somebody's crotch who says, "That ain't mine!"

 

[Biggfoot44]

This is a legit thing , in the context of an underage person who inherits an item(s) . They would have ownership in equity , but it would have to be possessed by a Trustee until becoming of age .

 

[Art3]

This is a legit thing , in the context of an underage person who inherits an item(s) . They would have ownership in equity , but it would have to be possessed by a Trustee until becoming of age .

Understood and agreed in that context...but that does not sound like what the OP is trying to do...

 

[cornstalk]

Obtain all the parts, build the upper, and wait til you're 21 to do the milling and final assembly of the lower. If zombies attack before then, the government will probably declare a national emergency, setting aside gun laws. Then you can finish your build. It takes 2 hours to mill out a lower. You should have at least that much time before the zombies get inside your house.

 

[TangoSierra27]

Contact MSP license Division before you buy anything. AR 15 's and builds of AR type firearms carry their own regulations. Or contact Gary Crouse in Port Deposit MD. He is very up to date on AR'S and such builds. He owns Bench Top Gunsmithing, I'm sure he can help you.

 

[Squaregrouper]

This thread is still going? We are about to see the first 80% lower in the classifieds by a seller who was involved in ONE SINGLE THREAD.

 

[MDElite]

MD law states you must be 21 to possess a handgun. I arrest people quite often for violating this in the city. It’s a felony, btw.

What if the person has a wear and carry?

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[lazarus]

What if the person has a wear and carry?

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There are exceptions on age for employment reasons, such as an armed security guard. W&C permits for those 18-21 will only be granted for employment reasons according to MSP. So there is a narrow exception there, that a legal W&C permit holder who is under 21 could possess a regulated firearm. You also could under 21 under direct supervision. It is (for now) legal if I taught my kids to shoot a 22 handgun. But if I had an 18 year old I couldn’t let him take my handgun to the range on his own to shoot it.