are AR pistols legal to build in maryland?

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  • msalvas

    Active Member
    May 14, 2009
    142
    Hagerstown, MD
    I went into engage this afternoon. I was thoroughly impressed with their selection these days. I talked with Dave I believe and currently the stripped lowers are only for sale out of state. They're waiting to hear back from the state police as far as buying stripped receivers and assembling them into an approved rifle or pistol. They said to keep an eye on their Facebook and what not because they will announce as soon as They get word of the lowers being available for sale. I know personally when this happens I'll be buying three or four lowers.

    Sent from my Galaxy Note 3
     

    msalvas

    Active Member
    May 14, 2009
    142
    Hagerstown, MD
    Not sure but was at the Hagerstown gun show this morning and there were a decent amount of them there for sale.

    Sent from my Galaxy Note 3
     

    Los

    Member
    Jan 13, 2013
    63
    Eastern Shore of Maryland
    Really good info here. Thank you to those who have contributed their time.

    I understand a pre-Oct 2013 stripped lower registered on the 77r as an "O" (for other) can be built into a pistol AR. Unfortunately, Gander Mountain listed some as an "X" and for others, it's impossible to tell what they wrote since the writing wasn't hard enough to make it down to my copy. Any insights into:

    1) can stripped lowers registered in section 4 of the 77R as an "x" be built into a pistol?
    2) if the 77r is unreadable, should I try and get a copy from MSP or does it not matter for anything?

    Thanks!
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    HBAR's are needed to build a rifle now. A pistol not a rifle as far as barrel profile goes.

    There are other issues surrounding this but aren't germane to the question.
     

    jthoma24

    Active Member
    Jul 25, 2012
    326
    Arnold, MD
    I have a lower that was transferred as O on the 77R but I dont have a copy of the 4473 to verify that is was correctly done there also. Is there a way to check or should I just have it retransferred to be 100%.



    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
     

    dontpanic

    Ultimate Member
    Jul 7, 2013
    6,640
    Timonium
    I had it transferred at Barts Sports World. It has since closed its doors. Any suggestions?

    It does not matter how it was transferred. Only that it was never built as a rifle. (No stock and 16" or longer barrel)

    This includes if it is a complete lower with a stock. That is not what makes it a rifle.
     

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