Legality of changing uppers

Trepang · Feb 4, 2017

*** I have no desire or plans to do this - it's just a question we were kicking around at work***

This started when someone commented that you can buy an upper without going through an FFL.

Say you have a Maryland legal HBAR AR. Can you legally swap out an upper with a NON-HBAR upper?

For example - Can you legally put a Colt 6920 upper with the M4 Barrel with Grenade Launcher cutout on a Colt 6721 lower?

Common sense tells me no but I know common sense and MD gun laws don't always align. This is an academic debate - my guns are all legal and I have zero desire to change uppers on them.

protegeV · Feb 4, 2017

No, not while in MD.

kgain673 · Feb 4, 2017

Not unless that lower was purchased prior to October 2013. The law is dumb.

outrider58 · Feb 4, 2017

kgain673 said:
Not unless that lower was purchased prior to October 2013 by you. The law is dumb.

FIFY

Trepang · Feb 4, 2017

But yet uppers can be purchased online WITHOUT going through an FFL. Makes no sense but oh well :shrug:

outrider58 · Feb 4, 2017

Trepang said:
But yet uppers can be purchased online WITHOUT going through an FFL. Makes no sense but oh well

FFL transfer in this case, is only required on serial numbered part of the gun.

Blacksmith101 · Feb 4, 2017

Trepang said:
But yet uppers can be purchased online WITHOUT going through an FFL. Makes no sense but oh well

But you can't buy the lower even if it is stripped of all parts without going through an FFL. In the eyes of the law the upper is the same as buying a new barrel to replace one that is damaged.

kgain673 · Feb 4, 2017

outrider58 said:
FIFY

Yep. Important caveat there.

whistlersmother · Feb 4, 2017

Even if you make your own lower, after Oct 2013 it can only be topped with an HBAR in Maryland.

We're on the honor system here - and its belief suspended.

Boom Boom · Feb 4, 2017

Trepang said:
But yet uppers can be purchased online WITHOUT going through an FFL. Makes no sense but oh well

Makes perfect sense. For AR platforms, ATF defines the firearm as the lower receiver, more specifically the stripped lower receiver. Everything else on the rifle is non-regulated, meaning no FFL dealer is required to buy everything else.

44man · Feb 4, 2017

get whatever uppers you want and ride to VA, WVA, Delaware, oe PA abd switch them out and shoot to your hearts delight and change them back to our BS standards before you come home. dont short yourself of fun because of the MGA, fvck them.

outrider58 · Feb 4, 2017

44man said:
get whatever uppers you want and ride to VA, WVA, Delaware, oe PA abd switch them out and shoot to your hearts delight and change them back to our BS standards before you come home. dont short yourself of fun because of the MGA, fvck them.

I concur.

swinokur · Feb 4, 2017

i bought a DD 10.3" upper. I could not even legally store it with a lower until I had my tax stamp in hand.

not the exact same thing but the concept is the same

platoonDaddy · Feb 4, 2017

44man said:
get whatever uppers you want and ride to VA, WVA, Delaware, oe PA abd switch them out and shoot to your hearts delight and change them back to our BS standards before you come home. dont short yourself of fun because of the MGA, fvck them.

44man · Feb 4, 2017

swinokur said:
i bought a DD 10.3" upper. I could not even legally store it with a lower until I had my tax stamp in hand.

not the exact same thing but the concept is the same

if your lower was never built into a rifle could you not store them together since you could build it into a pistol?? i believe so.

swinokur · Feb 4, 2017

yeah i could but i had no pistol buffers so I didn't want to chance being charged with constructive possession. I was simply pointing out you can't put a MD illegal upper on a legal lower.

probably not a good analogy

44man · Feb 4, 2017

swinokur said:
yeah i could but i had no pistol buffers so I didn't want to chance being charged with constructive possession. I was simply pointing out you can't put a MD illegal upper on a legal lower.

probably not a good analogy

i was just wondering. shit is so crazy in this state i thought i may have missed something. :thumbsup:

Boom Boom · Feb 4, 2017

swinokur said:
i bought a DD 10.3" upper. I could not even legally store it with a lower until I had my tax stamp in hand.

not the exact same thing but the concept is the same

Let's not erect restrictions that don't exist. The state of MD has no legal construct regarding intent. Regardless, it wouldn't be wise to transport a post-ban lower (sans upper) next to a pre-ban upper. But, assuming you're not prohibited, there's nothing MD can legally do if you transport a complete post-ban rifle in the same vehicle as pre-ban uppers.

outrider58 · Feb 4, 2017

swinokur said:
yeah i could but i had no pistol buffers so I didn't want to chance being charged with constructive possession. I was simply pointing out you can't put a MD illegal upper on a legal lower.

probably not a good analogy

All you need is a carbine buffer with the stock removed from what I understand.

44man · Feb 4, 2017

Boom Boom said:
Let's not erect restrictions that don't exist. The state of MD has no legal construct regarding intent. Regardless, it wouldn't be wise to transport a post-ban lower (sans upper) next to a pre-ban upper. But, assuming you're not prohibited, there's nothing MD can legally do if you transport a complete post-ban rifle in the same vehicle as pre-ban uppers.

i dont believe there are any banned uppers. nothing they can do about uppers that would cause a rifle to be banned until its installed on a lower. according to the atf uppers are just parts until they are installed on a lower, as far as i know. if not someone enlighten me.

not a dig, just trying to figure this out for myself.

Legality of changing uppers

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