SBR's owned prior to 1-Oct-2013

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  • thep1zzaman

    Member
    May 3, 2018
    10
    Hello,

    I am looking for some clarity on for a lack of a better word "grandfathered" sbr's. I was under the impression that all SBR's in Maryland had to be > 29" oal, but from what I now gather that only applies to SBR's acquired after 1-Oct-13.

    There is also nothing preventing a SBR owned prior to 1-Oct-13 from having a folding stock and flash hider at the same time.
     

    DubTap21

    Active Member
    Jan 27, 2013
    551
    Silver Spring
    Oh Lord.....not an "assault rifle" with a folding stock and a flash hider!!! We're all gonna die!! /sarc

    Sent from my SM-N930T using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Hello,

    I am looking for some clarity on for a lack of a better word "grandfathered" sbr's. I was under the impression that all SBR's in Maryland had to be > 29" oal, but from what I now gather that only applies to SBR's acquired after 1-Oct-13.

    There is also nothing preventing a SBR owned prior to 1-Oct-13 from having a folding stock and flash hider at the same time.

    That is correct. A centerfire rifle of <29" and acquired after 10-1-13 is considered a copy cat and is banned. While MD law says an SBR is considered a handgun. the MSP in their infinite wisdom have said it's also a rifle, so subject to the copycat provision.

    So if possessed prior to 10-1-13, legal.

    MSP advisory attached.
    .

    After 10-1-13-Banned.

    The features test (only one feature allowed, folding stock, flash hider, grenade launcher) also only applied to rifles acquired after 10-13, as you note.
     

    Attachments

    • 3-26-14 LD-FRS-14-002 - Short Barreled Shotguns and Short Barreled Rifles.pdf
      61 KB · Views: 203

    thep1zzaman

    Member
    May 3, 2018
    10
    That is correct. A centerfire rifle of <29" and acquired after 10-1-13 is considered a copy cat and is banned. While MD law says an SBR is considered a handgun. the MSP in their infinite wisdom have said it's also a rifle, so subject to the copycat provision.

    So if possessed prior to 10-1-13, legal.

    After 10-1-3-Banned.

    Awesome, that means I don't need a new "pistol" lower to get a new 6" 300BO upper.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    The portion of the MSP advisory that said an SBR must be on the handgun roster to be available for sale or transfer has been rescinded by a new statute. (Section VI)
     

    Attachments

    • SBR.jpg
      SBR.jpg
      27.1 KB · Views: 309

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Awesome, that means I don't need a new "pistol" lower to get a new 6" 300BO upper.

    BATFE has ruled if a lower was built into a rifle it cannot be converted to a pistol.

    A lower built as a pistol and then converted into a rifle is legal. It can also be converted back into a pistol

    attachment
     

    Attachments

    • atf-ruling-ar kits-2011-4.pdf
      82.7 KB · Views: 176

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    I generally agree with the sentiment here, BUT... in the strictest legal sense, your pre-ban SBR lower needed to be in a banned config before the AWB kicked in in order to be grandfathered. There's no way the MSP or anyone else can prove anything, but it would behoove you to "remember" once putting an upper on there that reduced your OAL to < 29". :)
     

    thep1zzaman

    Member
    May 3, 2018
    10
    I generally agree with the sentiment here, BUT... in the strictest legal sense, your pre-ban SBR lower needed to be in a banned config before the AWB kicked in in order to be grandfathered. There's no way the MSP or anyone else can prove anything, but it would behoove you to "remember" once putting an upper on there that reduced your OAL to < 29". :)

    It was originally built with a 7" barrel PWS diablo upper, which the form 1 reflects.
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,212
    In a House
    No matter how much the liberals in Annapolis HATE it, this is legal because it was "manufactured" before the goofy 2013 date:

     

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