AK47 SBRs...

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Because an SBR is a handgun, not a rifle. Except that MSP is using a part of the law that applies to RIFLES.

    This is the basis for the Engage law suit. If they win, I will be looking to see how to amend a tax stamp for a shorted barrel. :)
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    Only for roster purposes. We need another bill to change it in the relevant sections of CL and PS.

    There already is a definition for SBR in CL. It needs to be changed for PS. The definition in CL is that they are handguns.

    The problem is, a definition in one section of the law does not necessarily apply to another section of the law.


    CRIMINAL LAW
    TITLE 4. WEAPON CRIMES
    SUBTITLE 2. HANDGUNS

    Md. CRIMINAL LAW Code Ann. § 4-201 (2015)

    § 4-201. Definitions

    (a) In general. -- In this subtitle the following words have the meanings indicated.

    ......

    (c) Handgun. --

    (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

    (2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

    ...

    (f) Short-barreled rifle. -- "Short-barreled rifle" means: **

    (1) a rifle that has one or more barrels less than 16 inches long; or**

    (2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.


    The problem is that this definition only applies to this subtitle, and not anything in Public Safety.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    Anybody have a tax stamp approved recently for an AK-47 SBR build of a new rifle in Maryland or the transfer of an already built AK-47 SBR? I am not talking about building an SBR out of an AK-47 that you already owned pre-FSA2013.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    This stuff is confusing and annoying for everyone.

    Yep, and it pisses me off. Thing is, I think that is what they are attempting to do. They are trying to make it so painful and onerous to buy a firearm that nobody wants to go through all the hoops and try to figure out how to do it legally. Only people that are going to have guns are the people that do not care about having a criminal record.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    There already is a definition for SBR in CL. It needs to be changed for PS. The definition in CL is that they are handguns.
    I disagree with your conception of the problem with the CL definition. It needs to be appended/changed.

    With regards to CL, the MSP is simultaneously applying the handgun and rifle definitions to SBRs. This is ludicrous and clearly goes against the intent of the definitions, but there is nothing actually in the law to explicitly stop them from doing so. Handgun doesn't include rifle, but an SBR can be a handgun and a rifle. Seems like it fails a basic logic test, but they're sticking to their guns (forgive the pun).

    Compounding this, the copycat section needs to be updated to reference the CL definitions explicitly, because I don't believe it does that (but I may be mistaken).
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Anybody have a tax stamp approved recently for an AK-47 SBR build of a new rifle in Maryland or the transfer of an already built AK-47 SBR? I am not talking about building an SBR out of an AK-47 that you already owned pre-FSA2013.

    Yes, two in the last week or so that I've seen.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    Yes, two in the last week or so that I've seen.

    Thanks Nate.

    Now that is completely retarded. The AK-47 being banned as a listed Assault Long Gun does not apply, but the 29" OAL Copycat test does apply. I might have to look at the code a little more closely on this. Thing is, I am not too interested in building an AK SBR. Now, a AR SBR that is less than 29", that would be nice. PITA is that I have already submitted my Form 1 apps for my 3 builds at 29.1" and I am not going to build anything else after Rule 41P goes into effect until Rule 41P is done away with by the next Republican POTUS. Of course, I am making a huge assumption that the next Republican POTUS will actually reverse Obama's executive action on this issue.
     

    fred333

    Banned
    BANNED!!!
    Dec 20, 2013
    12,340
    Now that is completely retarded. The AK-47 being banned as a listed Assault Long Gun does not apply, but the 29" OAL Copycat test does apply.

    That's why they're called harassment laws.


    Of course, I am making a huge assumption that the next Republican POTUS will actually reverse Obama's executive action on this issue.

    With our present government (and corrupted system), I often wonder whether Wayne LaPierre, having been elected president, could reverse any of the infringements on our Second Amendment rights? I think the only hope is to win the hearts and minds of the American people—at least, those that haven't yet been infected by hyphenation—by educating them, voter by voter by voter; and letting the enlightened voters get rid of the rust.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    That's why they're called harassment laws.




    With our present government (and corrupted system), I often wonder whether Wayne LaPierre, having been elected president, could reverse any of the infringements on our Second Amendment rights? I think the only hope is to win the hearts and minds of the American people—at least, those that haven't yet been infected by hyphenation—by educating them, voter by voter by voter; and letting the enlightened voters get rid of the rust.

    He makes more money working for the NRA than he would if he became POTUS. Granted, the benefits after serving as POTUS are incredible. Look at Bill Clinton and his wife.

    I often wonder if Mr. LaPierre's heart is really for the 2nd Amendment if it did not result in his salary. Is his passion really there if it wasn't for the money?

    However, I get the concept.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Thanks Nate.

    Now that is completely retarded. The AK-47 being banned as a listed Assault Long Gun does not apply, but the 29" OAL Copycat test does apply.

    This is why Nate has filed a law suit contesting this.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I often wonder if Mr. LaPierre's heart is really for the 2nd Amendment if it did not result in his salary. Is his passion really there if it wasn't for the money?

    He has been on the side of 2A for a LONG time. And not as Pres of NRA.
     

    Trumpet

    SCSC/NRA life member. MSI member
    Oct 29, 2005
    2,083
    Are there any decent/authentic looking muzzle devices that don't fall under the category of "flash hider"?
     

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