Helping a friend behind the lines...

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  • OMCHamlin

    Ultimate Member
    BANNED!!!
    May 17, 2017
    1,115
    The Cumberland Plateau
    Hi, and thank you for allowing me to join your forum. I live close to the border, south of Pocomoke, and I am joining to learn in order to help a brother retired Chief, trapped behind the protective iron fist of the Benevolent Democratic Peoples Republic of Maryland, who happens to own a pre-2012 S&W M&P M4 type AR carbine. He wants to change the upper out to something like an 18" straight profile barrel with a free float handguard, flat top. Since it was legally owned by him prior to the latest Maryland "Sandy Hook knee jerk" laws being passed, what are the legal implications associated with this project? This is not a post-2012 AR, and it is not a "Heavy Barrel" variant. It does not currently have a flash hider however. Along with the previous questions, can he add a flash hider to his new upper?
    What do I tell him (besides "vote!" and "lobby for better laws!", or move :innocent0)?
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Legal to change to any configuration (except NFA without the appropriate paperwork). Flash hider and all barrel profiles are legal.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    Howdy. Join our fight.

    www.marylandshallissue.org
    .
    .

    attachment.php
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,170
    If your friend owned that rifle before Oct 2013 , it is Grandfathered for him. No issues adding / replacing bbl to have, a flashhider. Unless he also has a grenade launcher or a *Folding * stock. ( That's actual Folding stock, the usually collaspable aka adjustable stock is OK.)

    Thank you for your support of NRA and VCDL. Many of "us" also support 2A groups in neighboring states, and key battleground states . Specifically in this context, our Federal Appeals are in the Fourth Circuit , and any positive outcomes there will benefit all of the states in the Fourth Circuit ( hint- includes Va ).

    When you have additional funds for 2A causes, consider a donation to the MSI Legal Fund, or a membership in MSI or Md State R&P Assn. Meanwhile "we" will continue supporting , and networking with, VCDL, WVCDL, and PAFOA.
     

    OMCHamlin

    Ultimate Member
    BANNED!!!
    May 17, 2017
    1,115
    The Cumberland Plateau
    If your friend owned that rifle before Oct 2013 , it is Grandfathered for him. No issues adding / replacing bbl to have, a flashhider. Unless he also has a grenade launcher or a *Folding * stock. ( That's actual Folding stock, the usually collaspable aka adjustable stock is OK.)

    When you have additional funds for 2A causes, consider a donation to the MSI Legal Fund, or a membership in MSI or Md State R&P Assn. Meanwhile "we" will continue supporting , and networking with, VCDL, WVCDL, and PAFOA.
    Well, I suppose in the largest sense, none of us are free until all of us are free, mayhaps I'll just reconsider that and toss a little your alls way... Seems like there is usually a table at the Easton gun show, the only show I've been to in MD.
    Thanks for the info!

    BTW, as an Army brat, I spent a good chunk of my youth as a young Marylander, growing up between Havre De Grace and Aberdeen. Twas a different place, back then...
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    Hi, and thank you for allowing me to join your forum. I live close to the border, south of Pocomoke, and I am joining to learn in order to help a brother retired Chief, trapped behind the protective iron fist of the Benevolent Democratic Peoples Republic of Maryland, who happens to own a pre-2012 S&W M&P M4 type AR carbine. He wants to change the upper out to something like an 18" straight profile barrel with a free float handguard, flat top. Since it was legally owned by him prior to the latest Maryland "Sandy Hook knee jerk" laws being passed, what are the legal implications associated with this project? This is not a post-2012 AR, and it is not a "Heavy Barrel" variant. It does not currently have a flash hider however. Along with the previous questions, can he add a flash hider to his new upper?
    What do I tell him (besides "vote!" and "lobby for better laws!", or move :innocent0)?
    Good to go with just about anything but a Federal Regulated Short Barreled Rifle without a lot of extra bureaucracy. Flash suppressor is fine assuming no folding stock or grenade launcher. The carbine collapsible stock is NOT a folding stock for restriction purposes.

    Sent from my SM-G930P using Tapatalk
     

    HankR

    Ultimate Member
    Jan 22, 2013
    3,449
    Upper Midwest
    Thread Jack

    Since the original has been asked and answered, I have a similar question.

    I lived in MD in '98 and bought a Bushmaster 20", Heavy Barrelled AR-15. There was no additional MD paperwork due to the heavy 20" barrel although there was some confusion on this at the time. I bought it from the guy in Burtonsville (198 & 29, forget the name of the shop). He considered these cash and carry but at the time other shops (Atlantic, On Target) said that only the Colt specifically marked "HBAR" was cash-n-carry, all others were like a handgun in MD. I was really more into my Garand and lever and bolt guns and just bought it because it looked like it was going to be hard to get later.

    Several years later (but well before 2013) I sold it to my brother (also an MD resident) as I was preparing to move out of state. I didn't use it much, and knew I could pick one up easily out in America after my move. I probably (not sure, but can check) wrote up a bill of sale for the gun and kept a copy. Part of my reasoning was I could prove I didn't own that one and pick up one w/out paper out here (which I did, once my kids got big enough to enjoy the sport the AR with an adjustable stock became a very useful tool, first with a Ciener conversion then with5.56--everybody with kids should have one of these).

    Brother did wake up and buy a handgun just before the October 2013 deadline, but does not have an HQL. He's now thinking of getting a regular barreled AR and is no longer too concerned with the HQL (let's say I'm more paranoid of it than he his--He's in the I have nothing to fear, f*ck all of them all camp at this point).

    So, based on this thread, my understanding is that he could legally buy a regular profile 16 inch upper and an adjustable stock for his AR without any HQL nonsense. Is this correct, or have I missed something.

    Somewhat related question. I have a box (copier paper box) full of 20 round GI metal bodied AR mags in my mother's attic (also in MD). I bought these in MD prior to 2000. They are the better names of the metal mags (I forget details) scrounged from various MD gunshows back in the day. (I preferred the 20 rounders when I was shooting CMP, but normally used the Garand anyway). I did not mention these on the bill of sale, but told him I had some more mags someplace that I would include.

    I'm assuming it's illegal for him to drive over to mom's and retrieve them from the attic? It's obviously legal for me to go to MD, retrieve my property, take the mags out of state and hand them to him in another state. Would it be legal for me to ask Mom or even Bro to bring me the mags when they come to visit (I don't go back to MD if I can avoid it, I'm hoping it will be awhile)? Could I then hand the mags to him and wish him Happy Birthday, so long as it's a total surprise and he is not conspiring to this and actually has no inkling until we're both standing on Free American soil?

    Is this even worth it now that PMags are readily available? He travels frequently and could pick up whatever he wants (mag-wise) out of state. Money isn't really an issue for him, so he may decide to just get the HQL and buy a second AR, but I'm wondering what his options are.

    Thanks for the input,
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,170
    If your brother owned it prior to Oct 13, it is Grandfathered for him, and he may use a std profile bbl/ upper if he wishes.

    The magazine situation as related in the thread is in a very ambigous position. IF the magazines were specifically included in the original transaction, they would have ever since been your brother's magazines he was storing at Mom's house. As I'm subjectively interpeting this thread, I would retrieve the box 'o mags from Mom's house, and start their journey to their new home outside Md borders.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Since the original has been asked and answered, I have a similar question.

    I lived in MD in '98 and bought a Bushmaster 20", Heavy Barrelled AR-15. There was no additional MD paperwork due to the heavy 20" barrel although there was some confusion on this at the time. I bought it from the guy in Burtonsville (198 & 29, forget the name of the shop). He considered these cash and carry but at the time other shops (Atlantic, On Target) said that only the Colt specifically marked "HBAR" was cash-n-carry, all others were like a handgun in MD. I was really more into my Garand and lever and bolt guns and just bought it because it looked like it was going to be hard to get later.

    Several years later (but well before 2013) I sold it to my brother (also an MD resident) as I was preparing to move out of state. I didn't use it much, and knew I could pick one up easily out in America after my move. I probably (not sure, but can check) wrote up a bill of sale for the gun and kept a copy. Part of my reasoning was I could prove I didn't own that one and pick up one w/out paper out here (which I did, once my kids got big enough to enjoy the sport the AR with an adjustable stock became a very useful tool, first with a Ciener conversion then with5.56--everybody with kids should have one of these).

    Brother did wake up and buy a handgun just before the October 2013 deadline, but does not have an HQL. He's now thinking of getting a regular barreled AR and is no longer too concerned with the HQL (let's say I'm more paranoid of it than he his--He's in the I have nothing to fear, f*ck all of them all camp at this point).

    So, based on this thread, my understanding is that he could legally buy a regular profile 16 inch upper and an adjustable stock for his AR without any HQL nonsense. Is this correct, or have I missed something.

    Somewhat related question. I have a box (copier paper box) full of 20 round GI metal bodied AR mags in my mother's attic (also in MD). I bought these in MD prior to 2000. They are the better names of the metal mags (I forget details) scrounged from various MD gunshows back in the day. (I preferred the 20 rounders when I was shooting CMP, but normally used the Garand anyway). I did not mention these on the bill of sale, but told him I had some more mags someplace that I would include.

    I'm assuming it's illegal for him to drive over to mom's and retrieve them from the attic? It's obviously legal for me to go to MD, retrieve my property, take the mags out of state and hand them to him in another state. Would it be legal for me to ask Mom or even Bro to bring me the mags when they come to visit (I don't go back to MD if I can avoid it, I'm hoping it will be awhile)? Could I then hand the mags to him and wish him Happy Birthday, so long as it's a total surprise and he is not conspiring to this and actually has no inkling until we're both standing on Free American soil?

    Is this even worth it now that PMags are readily available? He travels frequently and could pick up whatever he wants (mag-wise) out of state. Money isn't really an issue for him, so he may decide to just get the HQL and buy a second AR, but I'm wondering what his options are.

    Thanks for the input,
    Legal to modify the rifle as he wishes.

    Now for the mags........ I personally would have him mail you your property and mail them back to him out of state.
     

    ted76

    Ultimate Member
    MDS Supporter
    Jan 20, 2013
    3,151
    Frederick
    Since the original has been asked and answered, I have a similar question.

    I lived in MD in '98 and bought a Bushmaster 20", Heavy Barrelled AR-15. There was no additional MD paperwork due to the heavy 20" barrel although there was some confusion on this at the time. I bought it from the guy in Burtonsville (198 & 29, forget the name of the shop). He considered these cash and carry but at the time other shops (Atlantic, On Target) said that only the Colt specifically marked "HBAR" was cash-n-carry, all others were like a handgun in MD. I was really more into my Garand and lever and bolt guns and just bought it because it looked like it was going to be hard to get later.

    Several years later (but well before 2013) I sold it to my brother (also an MD resident) as I was preparing to move out of state. I didn't use it much, and knew I could pick one up easily out in America after my move. I probably (not sure, but can check) wrote up a bill of sale for the gun and kept a copy. Part of my reasoning was I could prove I didn't own that one and pick up one w/out paper out here (which I did, once my kids got big enough to enjoy the sport the AR with an adjustable stock became a very useful tool, first with a Ciener conversion then with5.56--everybody with kids should have one of these).

    Brother did wake up and buy a handgun just before the October 2013 deadline, but does not have an HQL. He's now thinking of getting a regular barreled AR and is no longer too concerned with the HQL (let's say I'm more paranoid of it than he his--He's in the I have nothing to fear, f*ck all of them all camp at this point).

    So, based on this thread, my understanding is that he could legally buy a regular profile 16 inch upper and an adjustable stock for his AR without any HQL nonsense. Is this correct, or have I missed something.

    Somewhat related question. I have a box (copier paper box) full of 20 round GI metal bodied AR mags in my mother's attic (also in MD). I bought these in MD prior to 2000. They are the better names of the metal mags (I forget details) scrounged from various MD gunshows back in the day. (I preferred the 20 rounders when I was shooting CMP, but normally used the Garand anyway). I did not mention these on the bill of sale, but told him I had some more mags someplace that I would include.

    I'm assuming it's illegal for him to drive over to mom's and retrieve them from the attic? It's obviously legal for me to go to MD, retrieve my property, take the mags out of state and hand them to him in another state. Would it be legal for me to ask Mom or even Bro to bring me the mags when they come to visit (I don't go back to MD if I can avoid it, I'm hoping it will be awhile)? Could I then hand the mags to him and wish him Happy Birthday, so long as it's a total surprise and he is not conspiring to this and actually has no inkling until we're both standing on Free American soil?

    Is this even worth it now that PMags are readily available? He travels frequently and could pick up whatever he wants (mag-wise) out of state. Money isn't really an issue for him, so he may decide to just get the HQL and buy a second AR, but I'm wondering what his options are.

    Thanks for the input,

    The gun shop you are referring to was closed in early 2014, if I recall correctly. It was called "the Gun Rack" and the owner was a guy named Alan.
    It was an old fashion kind of gun store.
     
    Last edited:

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,170
    That was indeed "The Gun Rack " .

    The consensus gun community rating were mixed . It had strong essence of old school gun store, with minors in occasionally crotchity owner, and an early emphasis in EBR's .

    Personally I was satisfied in my dealings , and appreciated the diversity of both firearms and overall "stuff" . But many others reported dissatisfaction. Individual milage varied.

    Owner closed down and retired rather than deal with post 2013 FSA environment.
     

    HankR

    Ultimate Member
    Jan 22, 2013
    3,449
    Upper Midwest
    Sounds right. I have no complaints, but can only think of two guns I bought there. I also dealt with On Target and got my single-action revolvers from Atlantic. For some reason I didn't care for Atlantic, but I can't remember why.
     

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