AR15 transfer question

dblas · Feb 13, 2020

SkiPatrolDude said:
Inheritance to next of kin, legal.

Inheritance to ANYONE named in a will is perfectly legal.

SkiPatrolDude said:
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 upper could also be sold to a Maryland Resident, there is nothing in state law that prohibits it being bought, sold or transferred to a Maryland resident.

SkiPatrolDude said:
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.

Mini14tac · Feb 14, 2020

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

Thanks for the clarification.

Hit and Run · Feb 14, 2020

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

No. AR-15 lower is associated with enumerated weapon and could only be legally sold in MD via an e77r through an FFL or MD state Police barracks with 7 day wait. No different than selling a handgun but buyer would not need an HQL. It is not cash and carry like a complete rifle with an HBAR. If you think I am wrong, then call in to MSP Firearms branch and ask.

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Biggfoot44 · Feb 15, 2020

That's actually two different things .

The current MSP * Policy * is somthing they invented out of thin air , with zero basis in statute or case law .
Nobody has ever been charged for that , and nothing currently able to be charged with .

So both Dblas and Hit & Run are correct depending if the question is : What is the Law ? Or What is current MSP sugguested procedure ?

Hit and Run · Feb 15, 2020

Biggfoot44 said:
That's actually two different things .

The current MSP * Policy * is somthing they invented out of thin air , with zero basis in statute or case law .
Nobody has ever been charged for that , and nothing currently able to be charged with .

So both Dblas and Hit & Run are correct depending if the question is : What is the Law ? Or What is current MSP sugguested procedure ?

I'm always going with MSP. They would be ones to charge you with a crime. You might be right, bit lawyering up isn't cheap.

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Biggfoot44 · Feb 15, 2020

There is no crime to be charged with .

Hit and Run · Feb 15, 2020

Biggfoot44 said:
There is no crime to be charged with .

MSP "invented" there rules for a reason and now they even have ATF circular covering it as well.

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dblas · Feb 15, 2020

Hit and Run said:
MSP "invented" there rules for a reason and now they even have ATF circular covering it as well.

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Cite for the ATF memo please?

And rules are NOT law, so if there is no charging portion in state law, what would they arrest you for? No, MSP, has been caught stretching their authority before and this is just more of the same. It is meant to get people to comply with non existent laws by fear and intimidation, by betting that the citizen sheep will not, or do not know how to research the actual state statutes.

Hit and Run · Feb 15, 2020

Captured and covered in this thread

https://r.tapatalk.com/shareLink/to...6&share_fid=5618&share_type=t&link_source=app

Trouble buying .308 Lower Receiver in 2020

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outrider58 · Feb 15, 2020

What's that acronym again...?

dblas · Feb 15, 2020

Hit and Run said:
Captured and covered in this thread

https://r.tapatalk.com/shareLink/to...6&share_fid=5618&share_type=t&link_source=app

Trouble buying .308 Lower Receiver in 2020

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I am fully aware of that thread and the original thread mentioned in it. I am also aware of the mis-communication between MSP and ATF on the receiver/frame issue, which has been clarified and corrected.

In the above instance though, the receiver would have to be sold as a rifle, since it was originally built as a rifle, and would have to be transferred as such, and not other.

It only affects the sale/transfer of receivers/frames that have not been built out yet and can still be transferred as other. No were in that memo from MSP, are the transfer of rifles (which the lower would be considered at this point) mentioned at all.

Hit and Run · Feb 15, 2020

dblas said:
I am fully aware of that thread and the original thread mentioned in it. I am also aware of the mis-communication between MSP and ATF on the receiver/frame issue, which has been clarified and corrected.

In the above instance though, the receiver would have to be sold as a rifle, since it was originally built as a rifle, and would have to be transferred as such, and not other.

It only affects the sale/transfer of receivers/frames that have not been built out yet and can still be transferred as other. No were in that memo from MSP, are the transfer of rifles (which the lower would be considered at this point) mentioned at all.

The discussion here was selling lower only of a item sold as pre-ban AR rifle. So selling an AR-15 lower is a process today that requires an e77r. ATF original guidance on this said all lowers. That was pushed back on and further guidance just back to lowers from previous enumerated rifles. So, issue still comes down to selling an AR-15 lower.

If you want too sell a lower that has been previously (pre ban) sold to you via state process without following MSP rules have at it. I would recommend against it. Selling it via State process covers any wrong conclusions for any future incidents that might come up.

I also think you risk MSP acting on sale via arrest, warranted or not.

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AR15 transfer question

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