ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
Lower transferred as HBAR rifle.
- Thread starter ELEMENT94
- Start date
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Squaregrouper
Kragaphile
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
Bigger concern is if you wanted to make said stripped lower a pistol. Since it was transferred as an HBAR rifle, it can never be put into pistol configuration.
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
clandestine
AR-15 Savant
If the Lower was purchased after 10/2013 then it's not legal in MD.
The original post does not sound like a question.
The original post does not sound like a question.
This reminds me of the mythical "transfer PS90 as pistol" scheme, which is eventually going to result in someone landing in a large amount of trouble. It does not have an HBAR by any definition of the term.
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
Not legal. How so?
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
This was not done to me or by me. A coworker knowing I am a gun nut told me he bought a lower and walked out with it. Told him not possible. This was his story. The guy is a good guy and I dont want to see him in hot water.
- Jul 29, 2014
- 50,068
Should we even be talking about it? What happens down the road if the SN is run, and its not HBAR configuration?
...do not pass go. Do not collect $200.
clandestine
AR-15 Savant
Here is your original post title:
#1 - An AR Lower is not an HBAR, ever. It's an OTHER. If purchased from a MD FFL, it has a 7 day wait, and the MSP red tape.
#2 - If the Lower was purchased as a complete AR, or as a Lower AFTER 10/2013, it can't have anything but an HBAR on it. Not legal in MD. If an HBAR or Lower was purchased before 10/2013, then it CAN have a NON HBAR Upper installed.
#3 - If it was purchased as an HBAR is can never be a pistol.
#4 Your co worker is an idiot if he thinks he can't get caught. The MSP has busted people from non HBAR possessions. They often get them on traffic stops.
If the HBAR was purchased as a complete rifle before 10-1-13, putting a non HBAR upper on it now would be illegal, as you are making a banned firearm.
It would be easy to trace the firearm through a trace.
A really bad and illegal idea IMO
IANAL
It would be easy to trace the firearm through a trace.
A really bad and illegal idea IMO
IANAL
someone can correct me if I'm wrong here but sounds like
1) Co worker is not giving you the entire story that is needed to render a proper opinion on the legality of the transfer
2) Someone did something not properly legal in the transfer
Was the lower a stripped lower? or maybe the lower was assembled and all just part of an HBAR rifle sold on a 4473 only?
Did he buy an 80% from someone?
Did he buy from a gun shop?
If it was purchased as a complete HBAR rifle on a 4473 only, I don't think it matters the time and date when originally purchased, you just can't make it anything but hbar. I think some have argued if you purchased it out of state prior to 10/1/13 and it was an HBAR, then registered it after moving to MD, you may be good but don't recall if anyone tested that one circumstance.
1) Co worker is not giving you the entire story that is needed to render a proper opinion on the legality of the transfer
2) Someone did something not properly legal in the transfer
Was the lower a stripped lower? or maybe the lower was assembled and all just part of an HBAR rifle sold on a 4473 only?
Did he buy an 80% from someone?
Did he buy from a gun shop?
If it was purchased as a complete HBAR rifle on a 4473 only, I don't think it matters the time and date when originally purchased, you just can't make it anything but hbar. I think some have argued if you purchased it out of state prior to 10/1/13 and it was an HBAR, then registered it after moving to MD, you may be good but don't recall if anyone tested that one circumstance.
Unless it was a pre ban legal configuration, then legal before 10-1-13, making it into one now is a really bad idea IMO.
If it was a pre ban stripped lower, sold as an O, making it now would be legal. Otherwise not. Transferred as a L with an HBAR on it, really bad idea to put anything besides an HBAR on it now
If it was sold as an HBAR, I wouldn't put anything but an HBAR upper on it. Sold as an HBAR, it was unregulated. Making it into a now banned regulated configuration is really a bad idea
IANAL.
If it was a pre ban stripped lower, sold as an O, making it now would be legal. Otherwise not. Transferred as a L with an HBAR on it, really bad idea to put anything besides an HBAR on it now
If it was sold as an HBAR, I wouldn't put anything but an HBAR upper on it. Sold as an HBAR, it was unregulated. Making it into a now banned regulated configuration is really a bad idea
IANAL.
danb
dont be a dumbass
what if the FFL transfers a shotgun and I cut down the barrel. My coworker says she will never get caught. must be a loophole.
lol...
lol...
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
He says the FFL just did it this way, without asking. The buyer was unsure of the law and relied on the FFL to do it correctly.
Ranchero50
Ultimate Member
If that was the case I'd find the pertinent part of the law and take it to the FFL and try to work it out with them. If they refuse, MSP should be able to sort it out. People aren't perfect and make mistakes.
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
To call a stripped lower a complete rifle is a little more than a mistake. Paperwork is done. Buyer has lower. He called FFL and was told "it was done as an HBAR". Cash and carry. Now what?
There would have been no 77R. if the MSP runs the serial number and it doesn't appear in the system, yet it has a non HBAR upper on it, someone got some 'splainin' to do.
ELEMENT94
Wild eyed pistol waver.
- Sep 23, 2007
- 487
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,278
Is this purported to have happened in Maryland ?
