AR Build Question (New to MD)

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  • Aug 24, 2017
    21
    I tried to search around for this but didn't find anything with a similar situation (I don't think). I moved to MD with my AR lower, it currently has a .22 upper on it. I purchased it prior to 2013 but in another state. It is stamped Multi caliber on it. It has been registered with the MDSP as well.

    So the question is, can I put any 16" upper on it at this point in time or does it have to be an HBAR like all the post ban stuff?
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    You can't build a banned firearm. Once you put a post-ban owned standard profile 223/5.56 upper on your multi caliber lower, you are breaking the law in Maryland. It has to be either HBAR or a different caliber than 223/5.56 (such as 300 AAC or 458 SOCOM).
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,252
    But if I am reading the OP correctly, he has a pre-2013 Lower , and should be thereby Grandfathered.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    I'm not too sure about that. IANAL, but if you are building a banned weapon with a post-ban upper, isn't it as if you were building a whole new firearm? I'd be surprised if a vendor would even ship a standard profile barrel to Maryland.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    Good luck with that. I have no problem being proven wrong, but I personally wouldn't do it, particularly because there is not a massive difference in the weight, performance, or cost of an HBAR. Why risk being subjected to a judge's interpretation of the law in the PRofMD?
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,630
    MoCo
    IIRC, the lower had to be assembled, even temporarily, in a banned configuration (had a non-HBAR .223/5.56 upper installed on in) before FSA 2013 took effect, AND been in Maryland at that time, AND has never changed ownership or state of residence since FSA 2013 took effect.

    What do you mean by "brought here?" If you purchased the lower before FSA 2013 but didn't move into Maryland until after FSA 2013, then it cannot ever be put into a banned configuration.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    IIRC, the lower had to be assembled, even temporarily, in a banned configuration (had a non-HBAR .223/5.56 upper installed on in) before FSA 2013 took effect, AND been in Maryland at that time, AND has never changed ownership or state of residence since FSA 2013 took effect.

    What do you mean by "brought here?" If you purchased the lower before FSA 2013 but didn't move into Maryland until after FSA 2013, then it cannot ever be put into a banned configuration.

    That was the position of MSP prior to and about a year after 10/1/13, but IIRC, that has changed. So, IIRC, pre-ban lower can be in currently banned configuration.

    As to your second paragraph, why not? If the lower was purchased prior to 10/1/13, it is a pre-ban lower. It does not matter where it was purchased on where it has gone since then. As long as he purchased it prior to 10/1/13.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,043
    That was the position of MSP prior to and about a year after 10/1/13, but IIRC, that has changed. So, IIRC, pre-ban lower can be in currently banned configuration.

    As to your second paragraph, why not? If the lower was purchased prior to 10/1/13, it is a pre-ban lower. It does not matter where it was purchased on where it has gone since then. As long as he purchased it prior to 10/1/13.

    Are you sure about that? What was its configuration at the time of registration? Would that not have something to do with this argument?
     

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