crolfe1984
Enthusiast
I was told by the Officers that they were forwarded about 40+ cases where MD residents purchased from this dealer, and the firearms acquired should have been sold as a regulated item via a Maryland FFL.
If that's the case and there is substantial duplication of parts and is a copy of the 550, then it is regulated per the statute.
The law says what it says.
I'm more concerned about the request to produce the other firearms that weren't part of this specific investigation.
Until you are in Op's position its hard to say how you would react. I have my thoughts on how I'd do it, but I can get a top notch legal defense for free so being right won't cost me as much.
The police could have been dicks. Buying a regulated firearm out of state and not going through a MD dealer is a misdemeanor punishable by up to 5 years in prison and a $10K fine. If Op had said f-off I think a search warrant and charges would have been in his near future.
It would be fun to take MSP to court for a declaratory judgment that a 556 is not a regulated firearm, but you could lose and end up with some bad law that would hurt all of us.
Interesting, the 556 does not appear on the regulated (soon to be banned) list. So that would be a surprise to just about everyone. This is what appears for SIGs, "(34) SIG 550/551 assault rifle (.223 caliber)." So I guess we just make the rules up as we go now.
They (551 & 556) appear to essentially be the same gun, except for the magazine used. I believe that the 551 takes a Swiss made proprietary magazine, while the 556 was designed to take M16/AR15 mags.
Is a different magazine sufficient enough to not be considered a copy?
It does however use a different style magazine. I agree the lines get a bit blurred.
That is some pure BS. However, I'm sure they are going to ask whenever they have a chance just on the off chance they can catch someone not playing by the rules.
They (551 & 556) appear to essentially be the same gun, except for the magazine used. I believe that the 551 takes a Swiss made proprietary magazine, while the 556 was designed to take M16/AR15 mags.
Is a different magazine sufficient enough to not be considered a copy?
To my knowledge there's never been a definition of what constitutes a "copy".
That copy horse left the barn a long time and now that it's out, it's hard to gather it back.
Not saying I like it, but it is what it is.
Now, if they are just saying "we feel like it should be regulated just because...." then that's a little different.
No one believed me when I said ir before, but I once was told by MSP that the SIG 556 is regulated because it takes AR-15 mags. I've also been told by a trooper that a stripped AR lower was not regulated.
Had I been in the OP's position I would have asked to see a warrant, not consented to any search, and called my lawyer ASAP.
You're not helping our cause if you play their games.
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This reeks of a lawsuit. Making you register the firearm?
Best answer we have... http://www.oag.state.md.us/Opinions/2010/95oag101.pdf
Looks don't count. If it takes different mags, it isn't functionally the same rifle (IMHO).
It's also obvious they have no idea what they are talking about because they brought up a feature test that doesn't exist yet.
Best answer we have... http://www.oag.state.md.us/Opinions/2010/95oag101.pdf
Looks don't count. If it takes different mags, it isn't functionally the same rifle (IMHO).
This reeks of a lawsuit. Making you register the firearm?
It's also obvious they have no idea what they are talking about because they brought up a feature test that doesn't exist yet.
And what would you sue them for?
Oh I would have no trouble believing someone told you that. I bet most of them couldn't tell you if the lower or upper of the 556 was the controlled item.
Harassment, being coerced into "voluntary" registration. I'm sure a good lawyer could come up with something.
I think that is the opinion that most FFLs have in selling it unregulated.