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Old May 15th, 2019, 08:47 AM #11
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Quote:
Originally Posted by Elrod View Post
And if you buy a lower and wait a week?
A lower is considered as Other and can be made into a pistol.
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Old May 15th, 2019, 09:05 AM #12
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I was just restationed here from FL as well, so I feel your pain. On a positive note, the HQL garbage is waived for us, and we can access the Fort Meade PX gun shop in addition to everything off base.

I'd look into your current barrel situation further; match barrels can be HBAR profile, and since the original wording of the law allowing HBARs was created to allow 'match'/competition rifles to be purchased, it may work out. For me, it was fairly simple; one is stamped "HBAR" in addition to being purchased pre 2013, and the other is advertised as such on the manufacturer's website. I took a screenshot of it to keep in case there's ever any doubt.
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Old May 15th, 2019, 09:13 AM #13
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Quote:
Originally Posted by Elrod View Post
Or throw an SBA3 on it? Make it a pistol. Not sure how this applies if the barrel is 16
Don't do this. Ever.
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Old May 15th, 2019, 12:05 PM #14
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Originally Posted by PAPA_E View Post
I am active duty military, and am a resident of florida. I plan on retaining that voting through florida, keeping my vehicles registered in florida, and moving back to florida once this very involuntary duty station is over.

I have Several AR's, and a AK47
I have 3 handguns
AK bought after Oct 1, 2013 is a no go as mentioned before
All of your handguns are fine.

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Originally Posted by PAPA_E View Post
My real question is if im a nonresident being stationed in Maryland am I better off storing my guns out of state till i leave? Less than ideal but I really dont want to get arrested. All my AR's have aftermarket match barrels so I dont know how the H-Bar clauses applies, because they also have collapseable stocks, muzzle breaks(not flashhiders), non are fixed magazines, and all have rails but no bayonet lug.
Collapsable stock is a non-issue.

Magazine type is a non-issue, as is capacity so long as you purchased standard capacity magazines outside of Maryland, they are perfectly legal to own and use in Maryland.

Muzzle break should be a non issue.

The barrels do NOT need to be marked HBAR or heavy barrel so long as they are marketed as such, the documentation on them states as such, or the container they came in was marked as such.

Rails and bayonet lugs are non-issues as well.

Welcome to Maryland.
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Old May 15th, 2019, 12:07 PM #15
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Quote:
Originally Posted by PAPA_E View Post
I am active duty military, and am a resident of florida. I plan on retaining that voting through florida, keeping my vehicles registered in florida, and moving back to florida once this very involuntary duty station is over.

I have Several AR's, and a AK47
I have 3 handguns

My real question is if im a nonresident being stationed in Maryland am I better off storing my guns out of state till i leave? Less than ideal but I really dont want to get arrested. All my AR's have aftermarket match barrels so I dont know how the H-Bar clauses applies, because they also have collapseable stocks, muzzle breaks(not flashhiders), non are fixed magazines, and all have rails but no bayonet lug.
I don't give legal advice on the fora and this is not legal advice. Don't rely on it. I would hate to see a service member get into trouble. Some considerations that you may wish to raise with your legal counsel:

Under 18 U.S.C. 921(a)(35)(B), " a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located." So, where is your "permanent duty station located"? Note, Maryland law does not have a counterpart to this provision for purposes of these gun control laws. But for the hunting laws (licenses and such), Maryland law defines resident to include "a member of the armed forces of the United States who is on active duty and stationed officially in the State." MD Code, Natural Resources, 10-101(s)

Note further that MD Code, Public Safety, 5-143 imposes a registration requirement on "regulated firearms" for a person who "moves into the State with the intent of becoming a resident." That includes all pistols and Non-HBAR AR15s and AKs. "Resident" for that purpose is not defined in Maryland statutory law. A failure to register within 90 days is a crime punishable by up to 5 years in prison under MD Code, Public Safety, 5-144.

In Maryland (like other states) the term "resident" can mean different things in different statutes and in different contexts. Forbes v. Harleysville Mut. Ins. Co., 322 Md. 689, 589 A.2d 944 (1991) (holding that the meaning of "resident" is determined by the "totality of the circumstances."). See also Attorney Grievance Com'n of Maryland v. Josep, 422 Md. 670, 31 A.3d 137 Md.,2011. ("it is clear, pursuant to California case law, that the statute uses the term “resident” in the ordinary, common sense fashion, meaning a place where one has an “abode of some permanency,” rather than as a synonym for domicile.") Here is the principle: "If the language of the statute is ambiguous, . . . then ‘courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives and purpose of [the] enactment [under consideration].’" Mundey, 396 MD at 665-66, quoting Fraternal Order of Police v. Mehrling, 343 Md. 155, 174, 680 A.2d 1052, 1062 (1996) (quoting Tucker v. Fireman's Fund Ins. Co., 308 Md. 69, 75, 517 A.2d 730, 732 (1986)). ‘[T]he meaning of the plainest language is controlled by the context in which it appears.’ State v. Pagano, 341 Md. 129, 133, 669 A.2d 1339, 1341 (1996)
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Old May 15th, 2019, 10:55 PM #16
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Not sure how long it will take, but after having a law firms webpage open in my tabs for a couple of weeks, I contacted them. Not sure how long it will take, but I'll gladly share what I can once they do lawyer things and back with me.
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Old May 16th, 2019, 12:30 AM #17
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Same situation brother. Called the Maryland State Police in Jan before the PCS and bottom line the trooper said leave the uppers out of state unless they expressly say "HBAR" or "Heavy Barrel". Anything other, even non-gov/standard profile barrels like "SOCOM" barrels that are heavier than standard are a grey area and I just think its not worth the hassle. Everything else is good to go.

I come from CA (CA resident) so I'm already breathing a bit easier lol.
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Old May 16th, 2019, 07:24 AM #18
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Just a clarification on the SOCOM... Colt website states the following: "Barrel Description: Chrome-Lined Socom Heavy Profile" - this is directly from their website. You can legally purchase a Colt SOCOM in MD.
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Old May 16th, 2019, 07:44 AM #19
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Quote:
Originally Posted by pp55ftw View Post
Same situation brother. Called the Maryland State Police in Jan before the PCS and bottom line the trooper said leave the uppers out of state unless they expressly say "HBAR" or "Heavy Barrel". Anything other, even non-gov/standard profile barrels like "SOCOM" barrels that are heavier than standard are a grey area and I just think its not worth the hassle. Everything else is good to go.

I come from CA (CA resident) so I'm already breathing a bit easier lol.


That trooper is giving you advice that is not consistent with MSP advice.
They have stated that the barrel must be advertised and sold as a HBAR. It does not have to be marked as such. (Although it certainly helps)


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Old May 16th, 2019, 05:46 PM #20
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Originally Posted by copasetic View Post
Just a clarification on the SOCOM... Colt website states the following: "Barrel Description: Chrome-Lined Socom Heavy Profile" - this is directly from their website. You can legally purchase a Colt SOCOM in MD.
Yes, that's only for Colts. I have a BCM SOCOM upper and it doesn't directly say it is a "heavy" profile...only that it was used by SOCOM and was heavier than a normal AR barrel profile but because BCM didn't come out and directly use the words "HEAVY BARREL/PROFILE" it was still subject to review. I just wanted to avoid the hassle.
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