Do piston AR's use the same barrels as DI AR's? If that is the case, it would be possible for a recent arrival in MD to possess a government profile barrel if he/she was building a fully-lawful today piston AR.
Moving to MD, Need Advice on HBAR
- Thread starter Glock43
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Do piston AR's use the same barrels as DI AR's? If that is the case, it would be possible for a recent arrival in MD to possess a government profile barrel if he/she was building a fully-lawful today piston AR.
OwlShootAnother
Member
- Apr 3, 2017
- 26
I just went through this compliance change a few months ago. I put on a Bear Creek Arsenal stainless HBAR barrel. It looks better than stock on my Diamondback DB15EB.
Where will you be in Maryland? Hanover Armory on Ashton Rd (near BWI airport) has a huge selection of HBAR-stamped barrels for pretty good prices, and they can install it for you as well. Not sure who their barrel supplier is but I've seen their rifle builds do 1 MOA consistently with good ammo. I'm sure there are many other shops around the state who will do the same for you if you're not near Baltimore.
If you are planning to come into the state with your M&P in a non-HBAR configuration, just separate the upper and lower until you get a chance to have an HBAR profile barrel mounted to it.
If you are planning to come into the state with your M&P in a non-HBAR configuration, just separate the upper and lower until you get a chance to have an HBAR profile barrel mounted to it.
Not a good idea. See my constructive intent comment.
On the piston vs DI, yes that is true. I’d hope you’d have the other parts for a gas piston upper build too if you want to fight a charge of constructive intent.
The odds are exceedingly low you’d ever be caught. Then relatively low you’d be prosecuted and maybe only modest that you’d get convicted.
However stupid constructive intent laws may be, you would probably be in violation of them. You’d don’t actually have to have intent, despite the name of the law. My understanding is you’d just have to have a firearm part that cannot be assembled in to a functioning firearm in a legal configuration.
Like having a vertical grip and only owning pistols, or a government profile AR-15 barrel and no lower that can legally take it. Now I suppose if you had some of the parts of a piston AR, or a pistol AR upper, you can argue that the barrel is for that quite convincingly.
Heck, gov’t profile Barrel is basically going to be found if police search your house...and you are probably in very deep S if they are searching your house. Unless you leave it rattling around your trunk.
Same in theory with just about anything else. But an already assembled upper would be a bad idea, especially taking it out of state to assemble, to shooting and pull it apart bringing it back in to the state. That risks getting pulled over and an officer searching your vehicle and finding the separated AR-15. That right there is a swift way to get a constructive intent charge levied against you.
These things aren’t that expensive. Sell the upper or the barrel,
Or leave it with a friend or relative out of state and get an HBAR barrel or upper. Stupid laws, but playing stupid games also leads to winning stupid prizes.
Gizmo98
Free At Last!!
I can't imagine, even in a state as stoopid as MD, that someone would be prosecuted for swapping barrels and keeping the old barrel. He clearly went to the extra effort to take off the extra killy barrel and put on a safe one. Is he supposed to get rid of the old one? Does the law say possession of a non-HBAR is illegal?
chris12138
Kitchen Table Machinist
If you're still in the market. Nice sale going on at Classic: https://www.classicfirearms.com/accessories/?cat=46 Lots of "Heavy Barrel" options.
Do you possess the parts that could be used to construct a banned firearm? You could still be charged with constructive possession (apparently it is constructive possession, not intent).
https://www.google.com/amp/s/blog.p...ed-for-constructive-possession-of-an-sbr/amp/
Yes, it would probably take this level of derp to get charged and likely convicted. However, constructive possession just states you have the bits needed to relatively easily construct a banned firearm or firearm configuration. A lathe, mill and chunk of metal wouldn’t be enough.
Probably having a gov’t profile barrel wouldn’t get you secured a conviction, but for a $80-120 piece of metal I can’t legally utilize in my state, I’d just see about selling it or let someone outside the state hold it.
It takes all of 5 minutes to swap the barrel on an AR-15. So simply separating it from the upper doesn’t really say much.
I know that's a federal thing with NFA, but does Maryland have a similar law?
Threeband
The M1 Does My Talking
This. I've only heard of "constructive possession" as a Federal charge, usually related to machine gun parts and such. I don't believe the concept exists in Maryland law.
It would be nice to have that clarified, because I suspect some people maintain banned uppers to use out of state.
I am pretty much positive Md does when it comes to things like constructive possession of a firearm by a felon. In terms of parts to make a banned firearm? No I don’t really no for sure. Seems likely they’d try to stretch something.
I still think the odds are extremely small, like jackpot lottery odds of ever getting charged. Not something I need on my mind. Just sharing my opinion on it.
I still think the odds are extremely small, like jackpot lottery odds of ever getting charged. Not something I need on my mind. Just sharing my opinion on it.
Threeband
The M1 Does My Talking
No suggestion that there is a legal mechanism to charge a Marylander for possessing a detached Gov't Profile upper though.
I think many would like more reliable information. For now, it sounds like it's extremely unlikely there would be a problem, but we just can't be sure. Welcome to the BGOS State. "It's not paranoia if they really are out to get you."
I think many would like more reliable information. For now, it sounds like it's extremely unlikely there would be a problem, but we just can't be sure. Welcome to the BGOS State. "It's not paranoia if they really are out to get you."
- Apr 25, 2017
- 1,645
I looked at getting a Roni carbine conversion kit for my glock 17. I was told by LGS not to do it because could potentially get busted for constructive possession because I would then own, or have control of, both parts which would make a AOW.
Don't know if it's a federal thing or MD thing but other than I've heard fed prisons are nicer it doesn't make much difference imo
chris12138
Kitchen Table Machinist
Haven't really been up to date on the happenings the last couple of years but it's been 4 years and 15 days since our gun laws went from 75% grey area to 100% grey area and no horror stories have popped up...Starting to think it's safe to say if you have a level head and aren't a crack dealer MDSP isn't going to bust in and shoot your dog for building or "bringing into the state" a non-HBAR rifle post 10/13.....
Don't push your luck but i'm pretty sure 95% of the people here can't say for sure everything they own is legal. Except for me of course.
Ranchero50
Ultimate Member
https://palmettostatearmory.com/catalogsearch/result/?q=hbar
I did a barrel swap on my PSA rifle kit using the out of stock heavy barrel. It was $79 but I needed to mount the front sight and that was a PITA. For $179 the barrel is a dang good deal and who really cares about sub MOA on an open sight setup?
To me constructive intent works both ways. The OP is trying to obey the law so why would they care what left over parts are in the bottom of the safe? It's only a banned configuration if it's assembled as a banned configuration rifle.
I did a barrel swap on my PSA rifle kit using the out of stock heavy barrel. It was $79 but I needed to mount the front sight and that was a PITA. For $179 the barrel is a dang good deal and who really cares about sub MOA on an open sight setup?
To me constructive intent works both ways. The OP is trying to obey the law so why would they care what left over parts are in the bottom of the safe? It's only a banned configuration if it's assembled as a banned configuration rifle.
Jollyllama
Ultimate Member
This is bad advice IMO, and likely not reflective of the views of this community.
chris12138
Kitchen Table Machinist
At the end of the day this is the best thing to do. $70 gets you a nice barrel that is 100% compliant https://www.classicfirearms.com/ar15-16-barrel-223-wylde-straight-parkerized take advantage of the sale.
- Apr 25, 2017
- 1,645
Which one ?
The one suggesting to go ahead and do something illegal because what the heck you'll probably never get caught ?
Or the one suggesting to not worry about constructive possession as long as some of the parts are at the bottom of a safe ?
chris12138
Kitchen Table Machinist
In case that might be referring to my post, that is not my advice. "You might never get caught" is assuming there is a law clearly being broken and obviously NONE of us would advocate such behavior. But MD is very unique in the fact that we have laws that require extensive clarification. And to my knowledge MDSP Letters have provided very little clarification and despite the thousands (millions?) of gun owners in MD going about their business for over four years no unfortunate legal case has popped up to provide a hard answer on any of the questions that have plagued this entire forum all this time.
Clandestine summed it up the best, as per usual, in a post long ago; "The burden of proof is on the state, but the burden of your legal representation is on you." Don't be that guy.
That's kind of apples and oranges isn't it? One is, as you say, suggesting doing something illegal because the chances of getting caught are low. That would be horrible advice.
The other topic was questioning whether Maryland even has a law regarding constructive possession with regard to banned rifle components. I don't think it does, but would love to know for sure if someone has a reference. The issue you posted about was for an AOW which is a federal NFA item and subject to federal laws.
I'm all for being as cautious as possible in this crazy state, but it's also good to know the actual laws so folks can make informed decisions.
Magnumite
Ultimate Member
It would be derp. Mentioned is the constructive intent of machine gun parts and the BATFE. That is completely different class of weaponry. The AR-15 in all its guises have legal forms with most parts. Configuration as it exists is the determinent intent. The law clearly states it is the manufacture or transfer of the banned (dated) configuration that will get you spanked. Constructive intent is not mentioned.
Constructive intent as discussed would essentially include having a pre-2013 carbine with a pencil barrel next to a post-2013 reciever HBAR rifle sitting in the safe. The constructive capability is there in a matter of a couple minutes...literally. I doubt having the parts means anything. Having a complete light barreled upper next to a complete post-2013 lower...not sure about that. I am not a lawyer and I play it safe and legal. I typically assemble a lower last since the receiver is the determinate object. Then I put the HBAR upper on it. I have an M4 profile barrel in the parts bin but I also have a boxed new HBAR. I have a bare receiver and 1 post ban receiver with an HBAR on it. What is my constructive intent?
Likewise, having twenty post ban receivers, twenty pencil barrels and twenty upper receivers....I wouldn't want to explain that. But someone could just be taking advantage of a package deal in three separate group transfers.
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