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Old September 29th, 2017, 11:37 PM #31
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This has to be an HBAR, RIGHT?

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Originally Posted by Allen65 View Post
IANAL, but I'm not sure it works that way with this particular law as written. AR-15s are banned, period. The Colt Sporter HBAR is listed by name as the only exception. MDSP has interpreted it to mean that any HBAR is exempt. But if push came to shove, I believe it is the defendant's burden to prove he/she meets the exception, and a judge might not agree with MDSP's interpretation. No exception and it's an AR-15 and banned categorically.

I disagree with this statement. There are other heavy barreled AR platform rifles in 223/5.56 on the list such as the heavy barrel varieties of the Eagle Arms M15. You also have to incorporate MD State Police Licensing Division advisories such as the one below:

It addresses building firearms on a stripped lower and specifically allows a person to build a firearm "like a Colt AR-15 Sporter HBAR rifle, or a copy thereof..."
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Last edited by knastera; September 30th, 2017 at 10:00 AM.
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Old September 30th, 2017, 11:22 AM #32
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Quote:
Originally Posted by Allen65 View Post
IANAL, but I'm not sure it works that way with this particular law as written. AR-15s are banned, period. The Colt Sporter HBAR is listed by name as the only exception. MDSP has interpreted it to mean that any HBAR is exempt. But if push came to shove, I believe it is the defendant's burden to prove he/she meets the exception, and a judge might not agree with MDSP's interpretation. No exception and it's an AR-15 and banned categorically.
The burden of proof is always on the prosecution, not the defendant. The judge wont unilaterally re-interpret the law. The prosecution would have to push the envelope and advocate a re-interpretation. People need adequate notice of the law, so the MDSP interpretation will at least be weighty. Plus, at that point there will be a shit storm from NRA, SAF, and MSI.



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Originally Posted by knastera View Post
I disagree with this statement. There are other heavy barreled AR platform rifles in 223/5.56 on the list such as the heavy barrel varieties of the Eagle Arms M15. You also have to incorporate MD State Police Licensing Division advisories such as the one below:

It addresses building firearms on a stripped lower and specifically allows a person to build a firearm "like a Colt AR-15 Sporter HBAR rifle, or a copy thereof..."
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http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf
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Old September 30th, 2017, 01:12 PM #33
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Quote:
Originally Posted by knastera View Post
I disagree with this statement. There are other heavy barreled AR platform rifles in 223/5.56 on the list such as the heavy barrel varieties of the Eagle Arms M15. You also have to incorporate MD State Police Licensing Division advisories such as the one below:

It addresses building firearms on a stripped lower and specifically allows a person to build a firearm "like a Colt AR-15 Sporter HBAR rifle, or a copy thereof..."
Is my reading comp. totally screwed? It looks like they are saying it is legal that pistols may be "bult upon the "stripped" lower receivers of banned assault long guns...".

I always thought that was a Bozo-no-no.

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Old September 30th, 2017, 01:26 PM #34
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Quote:
Originally Posted by outrider58 View Post
Is my reading comp. totally screwed? It looks like they are saying it is legal that pistols may be "bult upon the "stripped" lower receivers of banned assault long guns...".

I always thought that was a Bozo-no-no.

AR pistols are legal. Its legal to build one.
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http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf
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Old September 30th, 2017, 01:27 PM #35
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Quote:
Originally Posted by outrider58 View Post
Is my reading comp. totally screwed? It looks like they are saying it is legal that pistols may be "bult upon the "stripped" lower receivers of banned assault long guns...".



I always thought that was a Bozo-no-no.





It's totally legal. I have one.
You have to submit the 77R when you buy the lower, wait a week to get it, and then you can build the pistol. There is one catch, you can't sell it as a complete pistol because it is not on the handgun roster.
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Old September 30th, 2017, 01:34 PM #36
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I have them too. My point is, it looks like they are saying that you can build one using the "lower receiver from a BANNED assault RIFLE". Not a 'virgin' lower, but one from an existing "assault long gun'. Or am I just reading it wrong?
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Old September 30th, 2017, 02:30 PM #37
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It says from a "STRIPPED" Lower ........
That could be interpreted as "Old rifle Lower that was just stripped" or "bought new as stripped"?

The Rifle cannot be built into a pistol thing, Is that State Law or Federal Law?
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Old September 30th, 2017, 02:53 PM #38
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Quote:
Originally Posted by kalister1 View Post
The Rifle cannot be built into a pistol thing, Is that State Law or Federal Law?
I'm not sure. I always thought Federal reg.
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Old September 30th, 2017, 04:42 PM #39
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Quote:
Originally Posted by outrider58 View Post
I have them too. My point is, it looks like they are saying that you can build one using the "lower receiver from a BANNED assault RIFLE". Not a 'virgin' lower, but one from an existing "assault long gun'. Or am I just reading it wrong?
You are overthinking it. In the context of the code and regulations a banned assault rifle is a type, not a specific firearm with serial number

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http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf
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