Inherited AR-15 pre-2013 but it's stored out of state. What are my options?

Boats said:

wow you're totally right!

except prior to 2013 ARs were not regulated firearms. but thank you for playing.

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untrue. regulated firearms became banned firearms in 2013.

Non-HBAR ARs were regulated prior to Oct 1, 2013, just as AR lowers are regulated now.

Incidentally, no one mentioned it (because you did not ask), but probably a cheaper and quicker option is to have it re-barreled with an HBAR. Lots of good options on the market and its pretty easy. Now, that could be shipped to an FFL, its cash and carry.

danb said:

untrue. regulated firearms became banned firearms in 2013.

Non-HBAR ARs were regulated prior to Oct 1, 2013, just as AR lowers are regulated now.

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sadly, because the Maryland code does not contain dates of when it was changed I cannot verify this (which is annoying) Although, according to an old thread on THR, it was at least 2007. so I stand corrected.

so, for my own edification, WHEN did AR15s become regulated in Maryland?

Boats said:

sadly, because the Maryland code does not contain dates of when it was changed I cannot verify this (which is annoying)

so, for my own edification, WHEN did AR15s become regulated in Maryland?

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Not sure offhand, probably the early 1990s, when the federal ban passed.

But OP said "inherited ... about 10 years ago." For sure from 2009 - Sept 30, 2013 ARs were regulated and went on the 77r. No doubt about that.

Boats said:

wow you're totally right!

except prior to 2013 ARs were not regulated firearms. but thank you for playing.

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only HBARs were not regulated, other AR-15's were indeed regulated. That's probably why talking to a firearms lawyer might be a good idea... I think there are some exceptions to the FFL thing for inheritance.

Might be that you can either fly back with it or ship to yourself, then you have to do 77R at MSP but you get to retain possession before the process since you aren't selling it.

mac1_131 said:

only HBARs were not regulated, other AR-15's were indeed regulated. That's probably why talking to a firearms lawyer might be a good idea... I think there are some exceptions to the FFL thing for inheritance.

Might be that you can either fly back with it or ship to yourself, then you have to do 77R at MSP but you get to retain possession before the process since you aren't selling it.

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Why a 77R?

E.Shell said:

Why a 77R?

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back in the day, all regulated firearms (rifles or handguns) went on a 77r

E.Shell said:

Why a 77R?

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Yeah you may be right maybe just the online registration. That's where a legal opinion is needed, since he owned it pre-2013 does he need to register it at all.

Starting over, if it was 2012 and you inherited a regulated rifle what would you have to do? 77R at MSP I think. But today, they might balk at that, so self-registration might be the answer.

I should probably stop because I'm getting in over my head and wouldn't want to say something inaccurate.

mac1_131 said:

Yeah you may be right maybe just the online registration. That's where a legal opinion is needed, since he owned it pre-2013 does he need to register it at all.

Starting over, if it was 2012 and you inherited a regulated rifle what would you have to do? 77R at MSP I think. But today, they might balk at that, so self-registration might be the answer.

I should probably stop because I'm getting in over my head and wouldn't want to say something inaccurate.

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no... replacing the barrel with an HBAR (or getting an HBAR upper) before bringing it here is the real answer. That is likely the easiest, cheapest, and safest solution.

Boats said:

wow you're totally right!

except prior to 2013 ARs were not regulated firearms. but thank you for playing.

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Ummm, They absolutely were, unless they were an HBAR (Colt Sporter HBAR or copy), and required a 7 day wait, just like every other regulated rifle did before 1 Oct 13.

You sir, go straight to jail, do not pass go, do not collect $200.

Boats said:

sadly, because the Maryland code does not contain dates of when it was changed I cannot verify this (which is annoying) Although, according to an old thread on THR, it was at least 2007. so I stand corrected.

so, for my own edification, WHEN did AR15s become regulated in Maryland?

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Ummm, not sure where you are looking but pretty much every reference that prints them, including Lexis Nexis (which is the official hard copy for the state of Maryland) provide attribution as to when a statute was changed.

Here is the entire 4-301 of the criminal law article as copied directly from Lexis Nexis:

Section 4-301. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Assault long gun. -- "Assault long gun" means any assault weapon listed under Section 5-101(r)(2) of the Public Safety Article.
(c) Assault pistol. -- "Assault pistol" means any of the following firearms or a copy regardless of the producer or manufacturer:
(1) AA Arms AP-9 semiautomatic pistol;
(2) Bushmaster semiautomatic pistol;
(3) Claridge HI-TEC semiautomatic pistol;
(4) D Max Industries semiautomatic pistol;
(5) Encom MK-IV, MP-9, or MP-45 semiautomatic pistol;
(6) Heckler and Koch semiautomatic SP-89 pistol;
(7) Holmes MP-83 semiautomatic pistol;
(8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
(9) Intratec TEC-9/DC-9 semiautomatic pistol in any centerfire variation;
(10) P.A.W.S. type semiautomatic pistol;
(11) Skorpion semiautomatic pistol;
(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
(13) UZI semiautomatic pistol;
(14) Weaver Arms semiautomatic Nighthawk pistol; or
(15) Wilkinson semiautomatic "Linda" pistol.
(d) Assault weapon. -- "Assault weapon" means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.
(e) Binary trigger system. -- "Binary trigger system" means a device that, when installed in or attached to a firearm, fires both when the trigger is pulled and on release of the trigger.
(f) Bump stock. -- "Bump stock" means a device that, when installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.
(g) Burst trigger system. -- "Burst trigger system" means a device that, when installed in or attached to a firearm, allows the firearm to discharge two or more shots with a single pull of the trigger by altering the trigger reset.
(h) Copycat weapon. --
(1) "Copycat weapon" means:
(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
1. a folding stock;
2. a grenade launcher or flare launcher; or
3. a flash suppressor;
(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
(v) a semiautomatic shotgun that has a folding stock; or
(vi) a shotgun with a revolving cylinder.
(2) "Copycat weapon" does not include an assault long gun or an assault pistol.
(i) Detachable magazine. -- "Detachable magazine" means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.
(j) Flash suppressor. -- "Flash suppressor" means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.
(k) Hellfire trigger. -- "Hellfire trigger" means a device that, when installed in or attached to a firearm, disengages the trigger return spring when the trigger is pulled.
(l) Licensed firearms dealer. -- "Licensed firearms dealer" means a person who holds a dealer's license under Title 5, Subtitle 1 of the Public Safety Article.
(m) Rapid fire trigger activator. --
(1) "Rapid fire trigger activator" means any device, including a removable manual or power-driven activating device, constructed so that, when installed in or attached to a firearm:
(i) the rate at which the trigger is activated increases; or
(ii) the rate of fire increases.
(2) "Rapid fire trigger activator" includes a bump stock, trigger crank, hellfire trigger, binary trigger system, burst trigger system, or a copy or a similar device, regardless of the producer or manufacturer.
(3) "Rapid fire trigger activator" does not include a semiautomatic replacement trigger that improves the performance and functionality over the stock trigger.
(n) Trigger crank. -- "Trigger crank" means a device that, when installed in or attached to a firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever, or any other part that is turned in a circular motion.


History


An. Code 1957, art. 27, § 36H-1; 2002, ch. 26, § 2; 2013, ch. 427; 2018, ch. 252, § 1.

The highlighted section above is the ENTIRE History of just 4-301 of the Criminal Law Article of the Maryland State Statute.

Boats said:

sadly, because the Maryland code does not contain dates of when it was changed I cannot verify this (which is annoying) Although, according to an old thread on THR, it was at least 2007. so I stand corrected.

so, for my own edification, WHEN did AR15s become regulated in Maryland?

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1989 when the first 36 items where placed in the "regulated rifles" list, as copied from a similar list in California.

Pinecone said:

If he had purchased it prior to 2013, the sale would have to gone through an FFL or MSP.

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I think that if one does not know the correct answer one should not offer erroneous opinions disguised as fact. The above is an example of this, and should be avoided. If we later find out we've committed such a faux pas it would be advisable to remove the bogus post so that future readers are not mislead.

Jus sayin'

HankR said:

I think that if one does not know the correct answer one should not offer erroneous opinions disguised as fact. The above is an example of this, and should be avoided. If we later find out we've committed such a faux pas it would be advisable to remove the bogus post so that future readers are not mislead.

Jus sayin'

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That quote is quite factual and correct.

Since the AR-15 was a regulated firearm before 1 Oct 13, and it was transferred from an out of state relative, it would absolutely have to either go through an FFL here in Maryland or the MSP, AND a 77R and 7 day wait would had to have been performed.

Boats said:

Disagree. (IANAL)

He owned it pre-2013. Retroactive registration for owners of existing Non-hbars is not compulsory. Firearm registration. for legally aquired firearms was not compulsory before 2013 either. Registration of long guns remains non-compulsory in Maryland...for now.

As long as bequeath/F2f was legal in the OPs father's state of residence at the time of his passing (as it was in Maryland) then he owned it legally)

AFAIK, HBARs are a legal/illegal thing, not a registration thing. After 2013, new purchase or construction of Non-hbars was illegal. Possession remains legal. There is no registration process to make new ownership or construction of a non-hbar legal.

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Getting legal advice on this forum is almost always a bad idea. As to the question posed by the OP, see MD Code Public Safety 5-143 ("(a)(1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency."). A pre-2013 owned AR (non-HBAR) must be registered within 90 days of becoming a MD resident because such an AR is a "regulated firearm." For the definition of "regulated firearm" see MD Code Public Safety 5-101(r). A failure to comply with 5-143 is a punishable with 5 years imprisonment under MD Code Public Safety 5-144.

esqappellate said:

Getting legal advice on this forum is almost always a bad idea. As to the question posed by the OP, see MD Code Public Safety 5-143 ("(a)(1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency."). A pre-2013 owned AR (non-HBAR) must be registered within 90 days of becoming a MD resident because such an AR is a "regulated firearm." For the definition of "regulated firearm" see MD Code Public Safety 5-101(r). A failure to comply with 5-143 is a punishable with 5 years imprisonment under MD Code Public Safety 5-144.

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However. The OP is already a resident living in the state. He is not moving here. He's here. It's only the firearm "moving" into the state.

No difference?

mac1_131 said:

Yeah you may be right maybe just the online registration. That's where a legal opinion is needed, since he owned it pre-2013 does he need to register it at all.

Starting over, if it was 2012 and you inherited a regulated rifle what would you have to do? 77R at MSP I think. But today, they might balk at that, so self-registration might be the answer.

I should probably stop because I'm getting in over my head and wouldn't want to say something inaccurate.

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Except, if he had taken possession pre-2013, it would have been an illegal transfer of a regulated firearm.

Blaster229 said:

However. The OP is already a resident living in the state. He is not moving here. He's here. It's only the firearm "moving" into the state.

No difference?

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If he inherited it, it needed to have a 77r done to document the transfer.

So, according to MD, he has not yet completed inheriting it. So still needs to do the paper work.

But again, IIRC, he just has to fill out the 77r, and there is no fee.

HankR said:

I think that if one does not know the correct answer one should not offer erroneous opinions disguised as fact. The above is an example of this, and should be avoided. If we later find out we've committed such a faux pas it would be advisable to remove the bogus post so that future readers are not mislead.

Jus sayin'

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Well, the problem is, you don't know what YOU are talking about.

Did you ever purchase an AR-15 as a Maryland resident prior to 10/1/2013?

I have, and I know the hoops that one had to go through.

What throws it into even more of a mess is that I was technically a resident of my home state in 2013 because I was active duty. The rifle never entered the state, it's been sitting in the family safe back home the entire time.

Emailed one of the lawyers recommended by this sub. I'll definitely update once I hear back what the right answer is since this isn't something clear cut on some MD state site that I missed.

At the end of the day swapping it out for an HBAR barrel and/or doing a FFL transfer to make it MD legal isn't that big of a deal if that's what needs to be done.