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Old February 13th, 2020, 12:00 PM #11
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Originally Posted by rseymorejr View Post
I would think an upper could be sold to anyone, anywhere. Plenty of people in Maryland have pre 2013 lowers that could legally have a non-HBAR upper slapped on them.
True - good and valid point. Thank you for clarifying.

Anyone could buy the upper. But to make it into a complete firearm in Maryland ,you would need to have a preban lower or pistol lower.
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Old February 13th, 2020, 12:01 PM #12
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Awesome thanks
I’ll sell everything but the lower
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Old February 13th, 2020, 12:01 PM #13
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Originally Posted by Melnic View Post
I think the ONLY opportunity is Inheritance
Until they're all confiscated. Sorry, kids, the State took your inheritance, along with your liberty.
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Old February 13th, 2020, 12:25 PM #14
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Quote:
Originally Posted by Mini14tac View Post
^^^^This!!! The only way to sell that as a complete weapon is to sell it to an out of state buyer and that requires the transaction to go through an FFL.

Not sure how it would work to separate the lower if the rifle was originally purchased as a regulated AR15 prior to FSA13. The MSP would have it on record as born a regulated long gun and not sure how you could transfer it as anything else being it is on record as already being assembled as such.

Sounds risky.
Just transfer via an FFL.
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Old February 13th, 2020, 01:46 PM #15
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Quote:
Originally Posted by SkiPatrolDude View Post
Inheritance to next of kin, legal.

To your second point - Also yes. The upper would either have to go on a pistol configuration in Maryland or be sold to someone out of state.

The lower would then be restricted to an HBAR upper and only an HBAR (assuming lower stays in MD). It cannot be made into a pistol. One could register it as an SBR though, but any upper attached must have a barrel under 16 inches.

But for me, if I had any preban lowers I would treat them like heirlooms! They'd never EVER leave my personal collection.
It does not need to be the next of kin. I leave an assault weapon to a person that is not related to me by blood or marriage, that person can still keep the assault weapon.

Crim Law §4–302.

This subtitle does not apply to:

(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;

(2) a firearm modified to render it permanently inoperative;

(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;

(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or

(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;

(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
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Old February 13th, 2020, 01:50 PM #16
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Quote:
Originally Posted by fabsroman View Post
It does not need to be the next of kin. I leave an assault weapon to a person that is not related to me by blood or marriage, that person can still keep the assault weapon.


(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
Interesting. I've gotten my facts wrong then. I thought it had to be immediate family.

Good to know - thanks.
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Old February 13th, 2020, 02:22 PM #17
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Quote:
Originally Posted by fabsroman View Post
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
How's that gonna work when they make all possession of "assault weapons" and their accoutrements illegal in next year's session?
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Old February 13th, 2020, 02:40 PM #18
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OR if your friend is a qualified LEO for duty use .
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Old February 13th, 2020, 06:23 PM #19
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Quote:
Originally Posted by SkiPatrolDude View Post
This is bad advice. Once the buyer puts the two halves together two things have happened.

1) the buyer has now manufactured a banned firearm and in possession after the ban date.

2) As a complete rifle in the buyers hands, the REGULATED firearm is still registered in the original sellers name, which would imply that an illegal transfer had taken place.
Who said he was selling both the upper and the lower to the same person?

Who is to say the buyer bought the upper to use on another pre-ban lower?

The "regulated" rifle will always be "registered" to the OP, regardless of how he sells it.
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Old February 13th, 2020, 06:24 PM #20
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Quote:
Originally Posted by Mini14tac View Post
^^^^This!!! The only way to sell that as a complete weapon is to sell it to an out of state buyer and that requires the transaction to go through an FFL.

Not sure how it would work to separate the lower if the rifle was originally purchased as a regulated AR15 prior to FSA13. The MSP would have it on record as born a regulated long gun and not sure how you could transfer it as anything else being it is on record as already being assembled as such.

Sounds risky.
Perfectly legal to sell the lower cash and carry as a separate item on it's own regardless of how it was purchased.
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