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    capinyoass

    Active Member
    Apr 19, 2013
    168
    What is the authority for treating a stripped AR receiver as a regulated firearm know as an "Assault Weapon"?

    MD Code 5-101 (h) defines "Firearm"

    MD Code 5-101 (p) defines "Assault Weapon"

    HB281 is legislating regulated firearms know as "Assault Weapons" and "Copy's" out of existence not "Firearms".

    The word "receiver" falls under the definition of "Firearm" not "Assault Weapon"

    I want to see something in writing that will allow me to turn a "Firearm" (AR Receiver) into an "Assault Weapon" after October 1 2013.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Its right there under the Authority that some how gets around this:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    MSP is putting nothing out in writing from what I have seen. Best you can do is a few letters from the AG. Keep dreaming of a true "Free State"...
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,928
    Winfield/Taylorsville in Carroll
    What is the authority for treating a stripped AR receiver as a regulated firearm know as an "Assault Weapon"?

    MD Code 5-101 (h) defines "Firearm"

    MD Code 5-101 (p) defines "Assault Weapon"

    HB281 is legislating regulated firearms know as "Assault Weapons" and "Copy's" out of existence not "Firearms".

    The word "receiver" falls under the definition of "Firearm" not "Assault Weapon"

    I want to see something in writing that will allow me to turn a "Firearm" (AR Receiver) into an "Assault Weapon" after October 1 2013.

    The statutes quoted go into effect on October 1, 2013:

    Md Code Crim Law 4–301.
    (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
    (B) “ASSAULT LONG GUN” MEANS ANY ASSAULT WEAPON LISTED
    UNDER § 5–101(R)(2) OF THE PUBLIC SAFETY ARTICLE.

    Md Code Pub Safety 5-101
    (h) (1) “Firearm” means:
    (i) a weapon that expels, is designed to expel, or may readily be
    converted to expel a projectile by the action of an explosive; or
    (ii) the frame or receiver of such a weapon.
    (2) “Firearm” includes a starter gun.

    (R) “Regulated firearm” means:
    (1) a handgun; or
    (2) a firearm that is any of the following specific assault weapons or
    their copies, regardless of which company produced and manufactured that assault weapon:
    (i) American Arms Spectre da Semiautomatic carbine;

    .....

    (xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15
    Sporter H–BAR rifle;

    The definition of Assault Long Gun uses the word firearm in it. The question is whether the definition of "firearm" from 5-101(h) will be used in construing what an Assault Long Gun is, thereby encompassing the frame or receiver of these long guns. If they want to take the position that an AR receiver is NOT a firearm, and hence not an Assault Long Gun, then the receivers will be cash and carry and will not be banned. So, either they are banned and considered an Assault Long Gun and thus the actual firearm and grandfathered, or they are not banned and we can continue to purchase AR-15 lowers, and other Assault Long Gun receivers/frames after September 30, 2013. They cannot have their cake and eat it too, and argue that a lower is not the firearm and thus not grandfathered, and then argue that it is still banned because it falls under the definition of an Assault Long Gun.
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,889
    Good grief.....we've been over this probably a dozen times.

    I don't have time before my 11 hour school day to find it all for you

    It's a regulated item. Don't go looking for something that isn't there.

    The law says it plainly.
     
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