Transporting Mk18 to MD

River02 · May 2, 2018

Re-post from MD 2A Issues...sorry I started this out in the wrong forum

Gentlemen (and those who don't necessarily fit that moniker)

My son (who lives in Tennessee) just purchased a "Daniel Defense Mk18 Pistol". He would like to bring it with him next time he comes to Maryland so we can shoot at the local range together. Would he be legal bringing it into Maryland? DD's specs say it's 28 and 3/4 inches in length. Any hoops to jump through in order to have/shoot it here? Thanks!

Squaregrouper · May 2, 2018

River02 said:
Re-post from MD 2A Issues...sorry I started this out in the wrong forum

Gentlemen (and those who don't necessarily fit that moniker)

My son (who lives in Tennessee) just purchased a "Daniel Defense Mk18 Pistol". He would like to bring it with him next time he comes to Maryland so we can shoot at the local range together. Would he be legal bringing it into Maryland? DD's specs say it's 28 and 3/4 inches in length. Any hoops to jump through in order to have/shoot it here? Thanks!

Pistol is fine. A SBR under 29" OAL will require a lot of extra hoops.
IANAL

River02 · May 2, 2018

squaregrouper said:
Pistol is fine. A SBR under 29" OAL will require a lot of extra hoops.
IANAL

So what makes it a "pistol" as opposed to an "SBR" is the arm brace instead of the adjustable stock of the Mk18 SBR?

Squaregrouper · May 2, 2018

River02 said:
So what makes it a "pistol" as opposed to an "SBR" is the arm brace instead of the adjustable stock of the Mk18 SBR?

Check the ATF regulations, as I don't want to paraphrase. If his firearm was transferred as a pistol, it is not banned under MD laws.
IANAL... I Am Not A Lawyer

Biggfoot44 · May 3, 2018

If it were an SBR , you would have noticed the $200 tax stamp , the months long wait, and the Form 020 to cross state lines .

River02 · May 3, 2018

Thanks guys—- appreciate the help. Looking forward to being able to shoot it with him— in Maryland no less.

swinokur · May 3, 2018

According to MD, a pistol and an SBR are the same.

According to BATFE one is designed to be fired from the shoulder, the other is not.

But MD makes no distinction.

The copycat provision makes a rifle <29" illegal if you didn't possess it before 10-1-13.

Squaregrouper · May 3, 2018

swinokur said:
According to MD, a pistol and an SBR are the same.

According to BATFE one is designed to be fired from the shoulder, the other is not.

The other is length. BATFE says < 26". MD says < 29"

A SBR is treated the same as a pistol for transportation laws. That is the only similarity I am familiar with.

swinokur · May 3, 2018

I edited my post.

The MD statute also says if your firearm is registered with the FEDS (BATFE) your rifle is legal. Not sure how they'd treat a rifle <29" purchased after 10-1-13 as BATFE had disapproved 5320.20 forms for VA residents wanting to transport into MD. I wouldn't do it myself if I lived outside MD.

Be careful

Hawkeye · May 3, 2018

River02 said:
So what makes it a "pistol" as opposed to an "SBR" is the arm brace instead of the adjustable stock of the Mk18 SBR?

That is correct. The lack of a stock, combined with the fact that it was originally manufactured as a pistol means that it is a pistol and he can bring it here.

squaregrouper said:
Check the ATF regulations, as I don't want to paraphrase. If his firearm was transferred as a pistol, it is not banned under MD laws.
IANAL... I Am Not A Lawyer

It doesn't matter how it was transferred. It matters what physical characteristics it has when he tries to bring it here.

swinokur said:
I edited my post.

The MD statute also says if your firearm is registered with the FEDS (BATFE) your rifle is legal. Not sure how they'd treat a rifle <29" purchased after 10-1-13 as BATFE had disapproved 5320.20 forms for VA residents wanting to transport into MD. I wouldn't do it myself if I lived outside MD.

Be careful

If you tried to bring a post-10/1/2013 rifle that was less than 29" in OAL (be it a "normal" rifle or an SBR) in to Maryland that would be illegal, as it is a banned rifle and mere possession is banned.

swinokur · May 4, 2018

An MDS member who is from VA had a 5320.20 denied by BATFE even though he possessed the <29" SBR prior to 10-1-13. That would seem to say that BATFE doesn't make a distinction on dates even though the MD statute allows them if possessed prior to 10-1-13.

The statutes also says a properly registered SBR is legal in MD. So I wonder why BATFE is denying transport of an NFA item into MD when the MD statutes clearly say it's legal to possess if it was possessed before 10-1-13.

Hawkeye · May 4, 2018

swinokur said:
An MDS member who is from VA had a 5320.20 denied by BATFE even though he possessed the <29" SBR prior to 10-1-13. That would seem to say that BATFE doesn't make a distinction on dates even though the MD statute allows them if possessed prior to 10-1-13.

Yeah, I think that one is a case of ATF saying "we don't want any part of this mess" and just making their own job easier by denying all of them.

The statutes also says a properly registered SBR is legal in MD.

Yes, but only if you possessed it prior to 10/1/13.

So I wonder why BATFE is denying transport of an NFA item into MD when the MD statutes clearly say it's legal to possess if it was possessed before 10-1-13.

Like I said above, I think it's an instance of ATF not wanting to get in to this particular mess. It's a lot like they are with the current bumpstock thing - they just flat out go "nope, we want no part of that," and that's that.

swinokur · May 4, 2018

I think you're right. I wonder if the NFA folks in Martinsburg shake their heads at the amount of stupid coming out of Annapolis.

Hawkeye · May 4, 2018

I imagine them doing a collective facepalm and a "not this shit again."

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