are AR pistols legal to build in maryland?

[jhud10]

title says it all... is it legal to buy short length upper, pistol buffer tube and smack it all on a lower ar receiver? thanks for the help cant really get a clear answer.

 

[mikec]

Contact "Markp", he has done one. (At least one)

 

[KB3UET]

Go for it. It is only illegal if you get caught doing something stupid.

 

[mudskipper]

If it is NOT on the "banned" assault pistol list, then it is legal.

BTW - the "Bushmaster Pistol" on the list is refering to a bullpup-style pistol Bushmaster used to make - not a conventional AR-style pistol as we think of them.


If something is not illegal, then it is legal.

 

[Markp]

title says it all... is it legal to buy short length upper, pistol buffer tube and smack it all on a lower ar receiver? thanks for the help cant really get a clear answer.

Yes, it is legal... so what are the tricks to doing it in Maryland.

1. First you need an AR lower receiver that has NEVER been assembled as a rifle. If it has, stop, do not pass go, do not build it into a pistol with a barrel under 16". If you do, you will have violated federal law and created a short barreled rifle which requires a tax stamp.

2. You need to get that receiver in Maryland. This can be tricky as well.

Option A:

Most FFL's will sell the bare receiver new, but you MUST make sure that it is NOT transferred as a rifle on the 4473. You also should make sure that it NEVER has been transferred as a rifle to the best of your ability. Then on the FORM 77R, you must make sure that it is transferred as O for other or A as an assault weapon. 5-101(p) only bans the Colt AR-15 and copies, but the receiver isn't an assault weapon... however it's not worth arguing with your FFL with since it doesn't specifically state rifle. So who cares. I would prefer to get it transferred as O for other on a form 77R. No FFL (even though it would be legal) in MD will transfer an AR receiver without doing a 77R, that's just the way it is.

Option B:

Is to buy an 80% receiver and finish it at home. This is easier than you might think and involves NO FFL, NO MDSP paperwork, and no serial number requirement on the weapon itself. It's pure beauty is that you can guarantee that it has never been a rifle since you brought it into being.

Option C:

You live somewhere free, purchased a receiver elsewhere and brought it with you when you came here.


3. So now you have a receiver, now you need to order your upper. If you have other AR style weapons, you might want to make a denial pin for the upper that fits nicely into your lower... this will eliminate any confusion should law enforcement decide that you are in constructive possession of a short barreled rifle and prevent you from making the mistake of putting the wrong upper and lower together.

4. Now you've assembled your lower, you've put a buffer tube on it, please pin it so that a stock cannot be easily attached to the stock... another small denial pin here is good thinking... once again preventing law enforcement from making shit up and pretending you were gonna do something you never intended. It also prevents you from coming down with a case of the stupids as well.

5. You've finally got it all together... it's totally legal, totally badass, and now you want to go shoot it. So you grab all your gear and you head out to XXXXXX Shooting range... only to find out that they don't allow rifle rounds on the pistol range and you can't shoot your pistol on the rifle range. That's the way it is at some ranges... some won't or can't let you shoot your cool new toy, others will let you bump fire a damn beta mag if you want. Make sure you find out before you roll on out. Better to be banned for asking the question than making the drive and having to go home.

6. Now you've gotten tired of your toy... you want to sell it. Hold on sparky. You can't sell it as a pistol in Maryland, you have 3 choices.

A. Break it down.
B. Make it a SBR or AOW
C. Put a rifle length upper and rifle stock on it.

Remember a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster, nor can you manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

SO DON'T SELL IT. DON'T. You can transfer it with appropriate paperwork although most FFL's would refuse and I think MSP wouldn't know what to do because they haven't read the law it appears either. You can also loan it, unlike an NFA weapon.

I think that about covers everything I know about building an AR pistol in Maryland.

Mark

 

[HokieCasey]

Any info on what or how to install a denial pin? Is it a modification to the takedown/pivot pin? Or an additional pin that prevents an unmodified upper from being installed?

 

[Integrity]

Awesome info Markp, thanks for sharing!

 

[Markp]

Any info on what or how to install a denial pin? Is it a modification to the takedown/pivot pin? Or an additional pin that prevents an unmodified upper from being installed?

There are so many ways you could do this it's silly. All it does is prevents the upper from fitting on a standard lower. What you do is attach a small metal pin to the bottom of the reciever upper with a corresponding hole in the lower. It will fit a slightly oversize hole in the receiver. Right above the selector is a reasonably thick area area to do this. Remember, this is NOT required, but it does end any arguments about whether the parts interchange. This is the exact opposite of constructive intent, by doing this you show intent to prevent it from happening, hard to prosecute for constructive intent when it's clear that your intent was to prevent the act from happening... or at least that's the theory.

Mark

 

[HokieCasey]

Thanks, figured I'd ask before doing something boneheaded trying to figure it out

 

[Atlasarmory]

Any info on what or how to install a denial pin? Is it a modification to the takedown/pivot pin? Or an additional pin that prevents an unmodified upper from being installed?

I believe a denial pin would be a pin permanently installed (perhaps cross blind pinned as well to prevent easy removal) in on the upper in a place that contacts the lower which would require a corresponding hole to allow the upper to freely fit. therefor not allowing the pinned upper to be put on anything it wasn't specifically match drilled for. ?

 

[Markp]

Thanks, figured I'd ask before doing something boneheaded trying to figure it out

If you have one pistol upper and one pistol lower... I wouldn't even worry... as long as they are together, you should be ok.

 

[jhud10]

thanks mark great info.

 

[Trumpet]

Yes, it is legal... so what are the tricks to doing it in Maryland.

1. First you need an AR lower receiver that has NEVER been assembled as a rifle. If it has, stop, do not pass go, do not build it into a pistol with a barrel under 16". If you do, you will have violated federal law and created a short barreled rifle which requires a tax stamp.

2. You need to get that receiver in Maryland. This can be tricky as well.

Option A:

Most FFL's will sell the bare receiver new, but you MUST make sure that it is NOT transferred as a rifle on the 4473. You also should make sure that it NEVER has been transferred as a rifle to the best of your ability. Then on the FORM 77R, you must make sure that it is transferred as O for other or A as an assault weapon. 5-101(p) only bans the Colt AR-15 and copies, but the receiver isn't an assault weapon... however it's not worth arguing with your FFL with since it doesn't specifically state rifle. So who cares. I would prefer to get it transferred as O for other on a form 77R. No FFL (even though it would be legal) in MD will transfer an AR receiver without doing a 77R, that's just the way it is.

Option B:

Is to buy an 80% receiver and finish it at home. This is easier than you might think and involves NO FFL, NO MDSP paperwork, and no serial number requirement on the weapon itself. It's pure beauty is that you can guarantee that it has never been a rifle since you brought it into being.

Option C:

You live somewhere free, purchased a receiver elsewhere and brought it with you when you came here.


3. So now you have a receiver, now you need to order your upper. If you have other AR style weapons, you might want to make a denial pin for the upper that fits nicely into your lower... this will eliminate any confusion should law enforcement decide that you are in constructive possession of a short barreled rifle and prevent you from making the mistake of putting the wrong upper and lower together.

4. Now you've assembled your lower, you've put a buffer tube on it, please pin it so that a stock cannot be easily attached to the stock... another small denial pin here is good thinking... once again preventing law enforcement from making shit up and pretending you were gonna do something you never intended. It also prevents you from coming down with a case of the stupids as well.

5. You've finally got it all together... it's totally legal, totally badass, and now you want to go shoot it. So you grab all your gear and you head out to XXXXXX Shooting range... only to find out that they don't allow rifle rounds on the pistol range and you can't shoot your pistol on the rifle range. That's the way it is at some ranges... some won't or can't let you shoot your cool new toy, others will let you bump fire a damn beta mag if you want. Make sure you find out before you roll on out. Better to be banned for asking the question than making the drive and having to go home.

6. Now you've gotten tired of your toy... you want to sell it. Hold on sparky. You can't sell it as a pistol in Maryland, you have 3 choices.

A. Break it down.
B. Make it a SBR or AOW
C. Put a rifle length upper and rifle stock on it.

Remember a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster, nor can you manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

SO DON'T SELL IT. DON'T. You can transfer it with appropriate paperwork although most FFL's would refuse and I think MSP wouldn't know what to do because they haven't read the law it appears either. You can also loan it, unlike an NFA weapon.

I think that about covers everything I know about building an AR pistol in Maryland.

Mark

Great info Mark,
Just to sort of tag on to what I asked in the other thread. Let's say I have a few "virgin" lowers, but I bought them years ago and I honestly can't remember how they were registered. Would it be Ok to build a pistol on one, oris that "do not pass go" shituation?

 

[lasher9999]

On a slightly related note. Where can I get info on finishing an 80% receiver?

 

[Markp]

Great info Mark,
Just to sort of tag on to what I asked in the other thread. Let's say I have a few "virgin" lowers, but I bought them years ago and I honestly can't remember how they were registered. Would it be Ok to build a pistol on one, oris that "do not pass go" shituation?

If they were never assembled initially as a rifle, YES, you can build pistols out of them. They may have been transferred as "rifles" back in the day, but that is not proof that they were ever assembled as such.

The law has no teeth regarding the switch from pistol to rifle and back again now that the ATF came out with that ruling. They would have to prove that it was assembled as a rifle first... something you can dispute easily.

They would have to have evidence. The 4473 is not evidence of how it was assembled... paperwork errors happen. All it would take is pictures of the bare receiver and a bound notebook documenting the build.

Mark

 

[hvymax]

On a slightly related note. Where can I get info on finishing an 80% receiver?

Been covered several times. There have even been group builds. Youtube has this covered as well.

 

[BenL]

Be sure to share your intentions with your FFL before you purchase. Some local FFLs insist AR pistols are a no-no.

 

[mikec]

Be sure to share your intentions with your FFL before you purchase. Some local FFLs insist AR pistols are a no-no.

Those shops need education. The SIG AR pistol is legal and Engage is advertising a LWRC pistol that will hit the roster next Monday according to Engage.

 

[LONGSHOT]

BUSHMASTER PISTOL ALREADY APPROVED

 

[Sev]

BUSHMASTER PISTOL ALREADY APPROVED

caps lock. turn it off

You've already posted it in another thread (all caps by the way), and I dont think that's what the OP is going after here