Age limit on manufacturing / possessing a handgun?

trappingturtles · Nov 20, 2019

I’m 19, purchased long guns, and thinking about building an AR15 from an 80% lower. I preferably would like to start it out with a pistol buffer tube. in Maryland, you have to be 21 to buy a handgun, but I think I might have found a loop hole. HQLs are only needed when buying or transferring a handgun, which isn’t needed to manufacture. I’ve passed background checks so I know I’m allowed to possess a firearm. On the ATF’s website regarding Maryland law,

“ (d) Possession by person under age of 21 years prohibited; exceptions. –
(1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not
possess a regulated firearm.
(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:
(i) the temporary transfer or possession of a regulated firearm if the person is:
1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal
law from possessing a firearm; and
2. acting with the permission of the parent or legal guardian of the transferee or person in possession; (ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;
(iii) a member of the armed forces of the United States or the National Guard while performing official duties; (iv) the temporary transfer or possession of a regulated firearm if the person is:
1. participating in marksmanship training of a recognized organization; and
2. under the supervision of a qualified instructor;
(v) a person who is required to possess a regulated firearm for employment and who holds a permit under
Subtitle 3 of this title; or
(vi) the possession of a firearm for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest”

TL;DR, If I technically claim possession of a handgun as self defense, could I possess the lower with the buffer tube? I wanted to Know all the legality issues before starting to invest into the project. Last thing I want to do is break the law. All responses are accepted.

DISCLAIMER: I HAVEN’T STARTED THE BUILD PROCESS YET. I’M JUST ASKING ABOUT THE DEFINITION OF THE LAW.

Inigoes · Nov 20, 2019

HBAR AR15 rifles are not regulated in Maryland, Cash and carry.

As for handguns, wait a couple of years. It will go faster than you think.

SoMD_Gen4 · Nov 20, 2019

The tin foil hats on this site should make this interesting, very quickly.

SkiPatrolDude · Nov 20, 2019

Let's be careful in our use of the phrase "loop hole" when discussing firearm law

Mightydog · Nov 20, 2019

SoMD_Gen4 said:
The tin foil hats on this site should make this interesting, very quickly.

Still think it’s interesting that the very first post from a “newbie” has to deal with “loopholes”. Did I miss his introduction?

trappingturtles · Nov 20, 2019

Yeah it’s not really a loop hole, you’re right.

trappingturtles · Nov 20, 2019

I just made this account because I had a question regarding the law, since everyone I ask on the topic has been hush hush about it. Most just tell me to wait til I’m 21, but no one has directly explained it well. Just looking for clarity. Hopefully you guys can clear it up.

trappingturtles · Nov 20, 2019

Mightydog said:
Still think it’s interesting that the very first post from a “newbie” has to deal with “loopholes”. Did I miss his introduction?

I couldn’t find a solid answer anywhere and people on this site usually provide good knowledge. So I made the account.

chino101 · Nov 20, 2019

When in doubt, don't.

I'm not a lawyer, but the the last time I checked, a AR-15 lower is a "regulated firearm" in Maryland. While purchase of one doesn't require a HQL, it still requires a 77R and a 7 day wait. So by extension, if you finish a 80% lower and ~~left it that way and didn't build it out to be a HBAR rifle, you could~~ attached a buffer tube like you intended, you will likely be in possession of a regulated firearm; which is prohibited.

Inigoes · Nov 20, 2019

trappingturtles said:
Most just tell me to wait til I’m 21

Which is excellent advice. If you can't get a clear answer from ordinary people, or people in the know like gun guys.

Would you expect anything different when facing arrest because you are under age? Let's be honest, Law enforcement do not need to know the law to enforce it (There is precedent fro the SCOUTS on this), only good intentions.

Enjoy your time with what you have, stay out of trouble, and don't rush life. It will smack you in the face soon enough.

chino101 · Nov 20, 2019

Inigoes said:
Which is excellent advice. If you can't get a clear answer from ordinary people, or people in the know like gun guys.

Would you expect anything different when facing arrest because you are under age? Let's be honest, Law enforcement do not need to know the law to enforce it (There is precedent fro the SCOUTS on this), only good intentions.

Enjoy your time with what you have, stay out of trouble, and don't rush life. It will smack you in the face soon enough.

^^^^Solid advice.

trappingturtles · Nov 20, 2019

Inigoes said:
Which is excellent advice. If you can't get a clear answer from ordinary people, or people in the know like gun guys.

Would you expect anything different when facing arrest because you are under age? Let's be honest, Law enforcement do not need to know the law to enforce it (There is precedent fro the SCOUTS on this), only good intentions.

Enjoy your time with what you have, stay out of trouble, and don't rush life. It will smack you in the face soon enough.

I’m not trying to get arrested, especially under the age, so I’m going to take your advice with this. Thank you.

trappingturtles · Nov 20, 2019

chino101 said:
When in doubt, don't.

I'm not a lawyer, but the the last time I checked, a AR-15 lower is a "regulated firearm" in Maryland. While purchase of one doesn't require a HQL, it still requires a 77R and a 7 day wait. So by extension, if you finish a 80% lower and ~~left it that way and didn't build it out to be a HBAR rifle, you could~~ attached a buffer tube like you intended, you will likely be in possession of a regulated firearm; which is prohibited.

Thank you for clearing the air on it.

trappingturtles · Nov 20, 2019

chino101 said:
When in doubt, don't.

I'm not a lawyer, but the the last time I checked, a AR-15 lower is a "regulated firearm" in Maryland. While purchase of one doesn't require a HQL, it still requires a 77R and a 7 day wait. So by extension, if you finish a 80% lower and ~~left it that way and didn't build it out to be a HBAR rifle, you could~~ attached a buffer tube like you intended, you will likely be in possession of a regulated firearm; which is prohibited.

So basically, long gun or pistol, I’d still have to register the lower?

SkiPatrolDude · Nov 20, 2019

trappingturtles said:
So basically, long gun or pistol, I’d still have to register the lower?

A long gun AR15 (HBAR) is cash and carry and so the lower does not need to be registered. It only must be registered if you decide to turn it into a pistol or if you want to convert to SBR.

The caveat is that you must buy a complete HBAR rifle. ANY stripped lower will have to be registered, even if you build it into an HBAR.

Mightydog · Nov 20, 2019

Forgot to add..hope you don’t have a medical marijuana card. Check the search function above. Automatic prohibition.

trappingturtles · Nov 20, 2019

Mightydog said:
Forgot to add..hope you don’t have a medical marijuana card. Check the search function above. Automatic prohibition.

I live a sober life, so I wouldn’t want a medical card anyways.

trappingturtles · Nov 20, 2019

SkiPatrolDude said:
A long gun AR15 (HBAR) is cash and carry and so the lower does not need to be registered. It only must be registered if you decide to turn it into a pistol or if you want to convert to SBR.

The caveat is that you must buy a complete HBAR rifle. ANY stripped lower will have to be registered, even if you build it into an HBAR.

Well that sucks. This is the answer I was looking for.

chino101 · Nov 20, 2019

trappingturtles said:
So basically, long gun or pistol, I’d still have to register the lower?

I think this is where the law can get tricky. The way I read it, if an individual possesses an item that could be considered a Regulated Firearm, they can not own it unless they are over 21; registered or not.

Hypothetical situation, if I'm reading the law correctly, if I'm under 21 and I start completing a 80%. The instant that I drill the last hole and turn my 80% lower into a 100% lower, I would be breaking the law since I now possess a Regulated Firearm. Now that I think about it some more, it probably wouldn't matter that I build it into a HBAR. At one point in time that home built lower was a Regulated Firearm.

danb · Nov 20, 2019

This is what you are looking for

https://law.justia.com/codes/maryland/2016/public-safety/title-5/subtitle-1/section-5-133/

(b) Possession of regulated firearm prohibited. -- Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person:

(1) has been convicted of a disqualifying crime;

(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(3) is a fugitive from justice;

(4) is a habitual drunkard;

(5) is addicted to a controlled dangerous substance or is a habitual user;

(6) suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a history of violent behavior against the person or another;

(7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article;

(8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article;

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article;

(10) has been involuntarily committed to a facility as defined in § 10-101 of the Health - General Article;

(11) is under the protection of a guardian appointed by a court under § 13-201(c) or § 13-705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(12) except as provided in subsection (e) of this section, is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4-508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

(13) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(c) Penalty for possession by person convicted of crime of violence. --

(1) A person may not possess a regulated firearm if the person was previously convicted of:

(i) a crime of violence;

(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article; or

(iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.

(2) (i) Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years.

(ii) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(iii) Except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(3) At the time of the commission of the offense, if a period of more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, mandatory supervision, probation, and parole:

(i) the imposition of the mandatory minimum sentence is within the discretion of the court; and

(ii) the mandatory minimum sentence may not be imposed unless the State's Attorney notifies the person in writing at least 30 days before trial of the State's intention to seek the mandatory minimum sentence.

(4) Each violation of this subsection is a separate crime.

(d) Possession by person under age of 21 years prohibited; exceptions. --

(1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

(i) the temporary transfer or possession of a regulated firearm if the person is:

1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

2. acting with the permission of the parent or legal guardian of the transferee or person in possession;

(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;

(iii) a member of the armed forces of the United States or the National Guard while performing official duties;

(iv) the temporary transfer or possession of a regulated firearm if the person is:

1. participating in marksmanship training of a recognized organization; and

2. under the supervision of a qualified instructor;

(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

(vi) the possession of a firearm for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.

(e) Exception if carrying civil protective order. -- This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protective order requiring the surrender of the regulated firearm and:

(1) the regulated firearm is unloaded;

(2) the respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protective order; and

(3) the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.

An AR Pistol (even one made from an 80%) is a regulated firearm, so generally possession for someone under 21 is unlawful. Possession of a "regulated firearm", for self defense in your OWN residence is probably lawful. But you cannot take it to the range for practice, over to your friends house to show off, etc. it really would have to stay in your house all the time. And if it did, and you never got in trouble, who would know anyway? Stay away from stupid friends doing stupid things in stupid places that could also get you into trouble. Dont be caught with drugs, alcohol, or anything else that could turn you into a prohibited person and cause a search. Also, note all the other prohibitors like juvenile delinquency...

If it were me, i'd stick with a carbine (556 or even a pistol caliber one), or shotgun, until I was 21. Those are legal and could be taken to the range for practice.

Age limit on manufacturing / possessing a handgun?

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dont be a dumbass

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