biggsjeep
8716
So after reading multiple threads on MDShooters, AND after spending hours looking at all of the MDSP licensing bulletins, advisories, and supplements, I think I have it correct, BUT still have a few questions and would like some opinions in the event that I am incorrect with my interpretations.
Scenario: I have some lowers that I purchased online in 09/2013 as the pre SB281 10/1/2013 deadline hysteria was in full effect. I am new to the rifle building arena and wanted to purchase them since nobody knew what the future of building AR’s was going to be at the time. Save it for a rainy day sort of thing. I filled out the MSP 77 forms at the MD FFL dealer on 09/27/2013. Due to scheduling conflicts, I did not pick up the receivers (transferred to me) from the FFL until 11/28/2013. They have sat in my gun safe since then. I am now looking to build them out before MD laws potentially become more restrictive. They were all classified as Type “O”. I suppose that is because as stripped lowers, they couldn’t be classified as a pistol, semi-auto, assault long gun, etc.
Here is what I THINK I can do with my lowers. Please correct me if I am wrong.
I SHOULD be able to build my lower receiver into an assault long gun, handgun, or heavy barrel. (pre 10/2013 MD configurations) (Provided it complies with federal and other state laws). I believe I can because…
The MSP Licensing Division Advisory LD-FRS-14-003 Published on May 16, 2014:
https://mdsp.maryland.gov/Organization/Licensing%20Division%20Documents/5-16-14%20%20LD-FRS-14-003%20-%20Receivers%20of%20Banned%20Assault%20Long%20Guns.pdf
One question on that Advisory asks if someone can build a lower receiver purchased prior to 10/1/13 into an assault long gun, a handgun, or heavy barrel?
The answer was: yes, a lower receiver purchased prior to 10/1/2013 may be built into an assault long gun, provided there is compliance with federal and other state laws.
I am taking the term “purchased” quite literally, as in I paid for them. They say nothing of the transfer date etc. the question in my mind is the fact that they left out the term "banned" and "copycat" in their answer.
On the same Advisory another FAQ was whether or not a person could build a lower receiver purchased after 10/1/2013 into an assault long gun
The answer was: No, and that it could only be built into a handgun, a short-barreled rifle that has an overall length of 29 inches or greater, or if the lower receiver is an AR15, the HBAR platform.
I suppose the gray area with LD-FRS-14-003 is whether or not you can knowingly build a BANNED assault long gun AFTER 10/1/2013, even if you purchased the lower before 10/1/2013. The section above the FAQ's in that document lends itself to some interpretation.
Kind of fuzzy in my eyes. What if I already have and have had an upper barrel configuration that was legal pre 10/2013 that was waiting for that lower and I never got around to assembling it?
Now the thing that I was somewhat unsure of was the fact that I didn’t actually receive the lowers into my possession until 11/28/2013. However, I believe that CR 4-303(b)(3) still allows me to build into a pre SB281 configuration. The specific law states : …”(3) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
(i) possess and transport the assault long gun or copycat weapon; or…”
https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-303.html
I believe that the MSP Licensing Division Advisory LD-FRS-13-004 (C) reinforces this.
https://mdsp.maryland.gov/Organization/Licensing%20Division%20Documents/Licensing%20Div%20-%20Advisory%20LD-FRS-13-004%20-%202013%20Firearms%20Safety%20Act%20(C).pdf
I don’t foresee having any of my rifle builds being under 29” anyway…AND I know that an SBR according to the ATF is anything with a barrel measuring less than 16” long. BUT what if my build had an overall length of say…27 inches (with a 16” barrel). Being that I PURCHASED the lowers before 10/1/2013, would I be ok? Like I said, I don’t think I would be under 29” since the barrel is 16 inches and the receiver measures roughly 7.5”, which leaves about 5.5 inches for a stock…I don’t see how that is possible without making an SBR with a tax stamp.
I don’t plan on having folding stocks or grenade/flare launchers…but would certainly consider a flash suppressor/compensator/muzzle break.
Also…speaking of barrel devices…I believe the 16” requirement counts only when the device is permanently attached, yes? A 14.5 barrel would be fine with a permanently attached 1.5” device?
I also believe that I am able to (I doubt I will) build one of these receivers into a pistol? If I decided to, what, if any paperwork would I need to legally fill out for the MSP? (I think its all online stuff now though). And I suppose that same question goes for any pre-ban build that I am legally able to make…do I need to do anything else, besides what I already have done in order to make/keep things legal? I don’t want a MSP team entering my house at 4am, shooting my dogs, arresting me, and confiscating my guns because I built something that I wasn’t supposed to or was ignorant of.
Obviously, IF I were to purchase a lower TODAY, it would have to conform to the SB281 statues i.e. have a HBAR barrel, be 29”+, and conform to the copycat weapon 4-301(e) MD Criminal Law Articles. Etc etc etc…
Hopefully I don't get blasted for all the links and potentially redundant questions, as I am sure they have been asked in the forums at some point. There are only so many 60 page forums that I can go through in a week.
At any rate...thanks for the opportunity for feedback. I look forward to seeing what the responses are. I suppose I could always just go ask some FFL's...but judging from a lot of posts, not even they are willing to say one thing or another...
Scenario: I have some lowers that I purchased online in 09/2013 as the pre SB281 10/1/2013 deadline hysteria was in full effect. I am new to the rifle building arena and wanted to purchase them since nobody knew what the future of building AR’s was going to be at the time. Save it for a rainy day sort of thing. I filled out the MSP 77 forms at the MD FFL dealer on 09/27/2013. Due to scheduling conflicts, I did not pick up the receivers (transferred to me) from the FFL until 11/28/2013. They have sat in my gun safe since then. I am now looking to build them out before MD laws potentially become more restrictive. They were all classified as Type “O”. I suppose that is because as stripped lowers, they couldn’t be classified as a pistol, semi-auto, assault long gun, etc.
Here is what I THINK I can do with my lowers. Please correct me if I am wrong.
I SHOULD be able to build my lower receiver into an assault long gun, handgun, or heavy barrel. (pre 10/2013 MD configurations) (Provided it complies with federal and other state laws). I believe I can because…
The MSP Licensing Division Advisory LD-FRS-14-003 Published on May 16, 2014:
https://mdsp.maryland.gov/Organization/Licensing%20Division%20Documents/5-16-14%20%20LD-FRS-14-003%20-%20Receivers%20of%20Banned%20Assault%20Long%20Guns.pdf
One question on that Advisory asks if someone can build a lower receiver purchased prior to 10/1/13 into an assault long gun, a handgun, or heavy barrel?
The answer was: yes, a lower receiver purchased prior to 10/1/2013 may be built into an assault long gun, provided there is compliance with federal and other state laws.
I am taking the term “purchased” quite literally, as in I paid for them. They say nothing of the transfer date etc. the question in my mind is the fact that they left out the term "banned" and "copycat" in their answer.
On the same Advisory another FAQ was whether or not a person could build a lower receiver purchased after 10/1/2013 into an assault long gun
The answer was: No, and that it could only be built into a handgun, a short-barreled rifle that has an overall length of 29 inches or greater, or if the lower receiver is an AR15, the HBAR platform.
I suppose the gray area with LD-FRS-14-003 is whether or not you can knowingly build a BANNED assault long gun AFTER 10/1/2013, even if you purchased the lower before 10/1/2013. The section above the FAQ's in that document lends itself to some interpretation.
Kind of fuzzy in my eyes. What if I already have and have had an upper barrel configuration that was legal pre 10/2013 that was waiting for that lower and I never got around to assembling it?
Now the thing that I was somewhat unsure of was the fact that I didn’t actually receive the lowers into my possession until 11/28/2013. However, I believe that CR 4-303(b)(3) still allows me to build into a pre SB281 configuration. The specific law states : …”(3) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
(i) possess and transport the assault long gun or copycat weapon; or…”
https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-303.html
I believe that the MSP Licensing Division Advisory LD-FRS-13-004 (C) reinforces this.
https://mdsp.maryland.gov/Organization/Licensing%20Division%20Documents/Licensing%20Div%20-%20Advisory%20LD-FRS-13-004%20-%202013%20Firearms%20Safety%20Act%20(C).pdf
I don’t foresee having any of my rifle builds being under 29” anyway…AND I know that an SBR according to the ATF is anything with a barrel measuring less than 16” long. BUT what if my build had an overall length of say…27 inches (with a 16” barrel). Being that I PURCHASED the lowers before 10/1/2013, would I be ok? Like I said, I don’t think I would be under 29” since the barrel is 16 inches and the receiver measures roughly 7.5”, which leaves about 5.5 inches for a stock…I don’t see how that is possible without making an SBR with a tax stamp.
I don’t plan on having folding stocks or grenade/flare launchers…but would certainly consider a flash suppressor/compensator/muzzle break.
Also…speaking of barrel devices…I believe the 16” requirement counts only when the device is permanently attached, yes? A 14.5 barrel would be fine with a permanently attached 1.5” device?
I also believe that I am able to (I doubt I will) build one of these receivers into a pistol? If I decided to, what, if any paperwork would I need to legally fill out for the MSP? (I think its all online stuff now though). And I suppose that same question goes for any pre-ban build that I am legally able to make…do I need to do anything else, besides what I already have done in order to make/keep things legal? I don’t want a MSP team entering my house at 4am, shooting my dogs, arresting me, and confiscating my guns because I built something that I wasn’t supposed to or was ignorant of.
Obviously, IF I were to purchase a lower TODAY, it would have to conform to the SB281 statues i.e. have a HBAR barrel, be 29”+, and conform to the copycat weapon 4-301(e) MD Criminal Law Articles. Etc etc etc…
Hopefully I don't get blasted for all the links and potentially redundant questions, as I am sure they have been asked in the forums at some point. There are only so many 60 page forums that I can go through in a week.
At any rate...thanks for the opportunity for feedback. I look forward to seeing what the responses are. I suppose I could always just go ask some FFL's...but judging from a lot of posts, not even they are willing to say one thing or another...
