AR Transfer Rules

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  • MG in MD

    Active Member
    Feb 11, 2016
    359
    Linthicum
    I’ve seen some built AR’s, and some lowers, offered for sale. Some say to be transfered at FFL, some say ftf.

    What’s the rules about private transfers of AR’s?
     

    shootin the breeze

    Missed it by that much
    Dec 22, 2012
    3,878
    Highland
    It's a long gun. As long as it's not a non-HBAR type, it's FTF. Non-HBAR is banned and can't be transferred to anyone in-state. It may be sold/consigned to FFL for sale out of state. If I made an error, I'll be corrected shortly.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,683
    DE
    It's a long gun. As long as it's not a non-HBAR type, it's FTF. Non-HBAR is banned and can't be transferred to anyone in-state. It may be sold/consigned to FFL for sale out of state. If I made an error, I'll be corrected shortly.

    Shame on you for using a double negative in the same sentence.....

    That's almost as bad as "Not Disapproved". ;)
     

    wowmattsays

    Member
    Oct 4, 2016
    86
    The issue arises when a lower is offered for sale without a pre-attached upper that makes it into an HBAR, non-HBAR, SBR, Pistol, etc. In MD, when a private individual transfers a "non-regulated" firearm (which includes non-AR long guns - overall length >26", shotguns, and HBAR AR's) to another private individual, there is no governing legislation restricting the transfer. Since a lower that has not been built into "anything" yet has the potential to become a regulated firearm (SBR, Pistol, non-HBAR), then THAT transfer must be done through an FFL, which I believe includes a NICS check.

    I am NOT a lawyer, simply a private individual, and this is my best guess interpretation of the MD law as it currently reads. NOTE! Magazines >10 rounds of ANY variation are not able to be transferred from one individual to another under ANY circumstances, private or not.

    As stated, if I'm wrong, I'll be corrected shortly!

    -Wow
     

    Mightydog

    Ultimate Member
    MDS Supporter
    Crazy ain’t it? Have to buy a lower thru an ffl BUT not an issue buying a complete Hbar. People that DON’T follow the law just purchase a complete Hbar, and can make an ILLEGAL pistol with the lower. As I said crazy.
     

    wowmattsays

    Member
    Oct 4, 2016
    86
    Crazy ain’t it? Have to buy a lower thru an ffl BUT not an issue buying a complete Hbar. People that DON’T follow the law just purchase a complete Hbar, and can make an ILLEGAL pistol with the lower. As I said crazy.

    lol crazy is an understatement! the laws are so contradictory, they are ONLY in place to restrict us law-abiding citizens and make our lives more difficult. What is even funnier is if you purchase a stripped lower from an FFL, you are absolutely legally able to build it into a pistol! Once it is a pistol, it can "never be turned back into a rifle", and upon transfer from one private individual to another, must be done through an FFL or the MDSP. Unreal.
     

    MG in MD

    Active Member
    Feb 11, 2016
    359
    Linthicum
    Thanks all!

    But, I thought a stripped lower, while considered a “firearm” so needs a 77r when bought from a dealer, does not require an HQL - implying its not considered a handgun.

    Bat s**t crazy regs if you ask me...
     

    MG in MD

    Active Member
    Feb 11, 2016
    359
    Linthicum
    lol crazy is an understatement! the laws are so contradictory, they are ONLY in place to restrict us law-abiding citizens and make our lives more difficult. What is even funnier is if you purchase a stripped lower from an FFL, you are absolutely legally able to build it into a pistol! Once it is a pistol, it can "never be turned back into a rifle", and upon transfer from one private individual to another, must be done through an FFL or the MDSP. Unreal.

    I thought it was the other way. A rifle can’t be turned into a pistol, but the other way around is ok.
     

    wowmattsays

    Member
    Oct 4, 2016
    86
    Thanks all!

    But, I thought a stripped lower, while considered a “firearm” so needs a 77r when bought from a dealer, does not require an HQL - implying its not considered a handgun.

    Bat s**t crazy regs if you ask me...

    So in addition to all the information previously posted in this thread, you are correct in your thinking. at the time the stripped lower is purchased from an FFL, you do fill out a 77r. it does not require an HQL because it is NOT a handgun. The 77r is filled out because it COULD be a handgun if the owner chose to make it into one. If you are reeling in the absurdity and convolution, then join the club! That is the POINT of the maryland firearm laws. haha!
     

    wowmattsays

    Member
    Oct 4, 2016
    86
    I thought it was the other way. A rifle can’t be turned into a pistol, but the other way around is ok.

    Totally right, that sounds correct. This is where i say i really am not a lawyer, so from my understanding youre correct, but....this is where consultation with MSI or the NRA or a personal lawyer would be a good bet.
     

    wowmattsays

    Member
    Oct 4, 2016
    86
    A lower is just that...neither a rifle OR pistol. But since it can be built into a pistol it requires HQL and 7-day wait. If you decide to complete as a rifle it can never go back. Legally!

    Sorry partner, ONE quick correction here, while it does require the 7-day wait and 77r, you do NOT need an HQL. I actually did this myself through an FFL last year, and it was before I had obtained my HQL. Other than that, correct!
     

    Mightydog

    Ultimate Member
    MDS Supporter
    Sorry partner, ONE quick correction here, while it does require the 7-day wait and 77r, you do NOT need an HQL. I actually did this myself through an FFL last year, and it was before I had obtained my HQL. Other than that, correct!


    Guess the dealer I got my Spikes snowflake lower just wanted to see my retired military ID card when I filled out the paperwork. Next time I’ll correct him. That’s the problem with this state...very few of those that are suppose to know the rules do and others interpret them their own ways. Thanks.
     

    71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,304
    B'More County, Maryland
    so...if you buy a COMPLETE LOWER, via a 77R, and listed as "OTHER", and take it home, pin on a MARYLAND COMPLIANT HBAR complete upper, it becomes a complete RIFLE...

    Is that RIFLE legally sold FTF, or requiring an FFL?
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    so...if you buy a COMPLETE LOWER, via a 77R, and listed as "OTHER", and take it home, pin on a MARYLAND COMPLIANT HBAR complete upper, it becomes a complete RIFLE...

    Is that RIFLE legally sold FTF, or requiring an FFL?

    Once it is an rifle first it is always a rifle. So ftf would technically be legal, but I hear court is expensive.
     

    71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,304
    B'More County, Maryland
    Once it is an rifle first it is always a rifle. So ftf would technically be legal, but I hear court is expensive.

    Not if I committed an actual crime during the sale though.

    The gun charges are the 1st ones dropped, then Nolle Prosequi (sp?) on the rest... :innocent0

    Ooops, I forgot...that's only valid if you're a habitual criminal, with numerous felony charges, and numerous firearm violations...not valid for a law abiding, no record having, working man...dammit, I'm out. :sad20:
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Not if I committed an actual crime during the sale though.

    The gun charges are the 1st ones dropped, then Nolle Prosequi (sp?) on the rest... :innocent0

    Ooops, I forgot...that's only valid if you're a habitual criminal, with numerous felony charges, and numerous firearm violations...not valid for a law abiding, no record having, working man...dammit, I'm out. :sad20:

    Now your thinking like a Baltimoreian
     

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