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Old May 14th, 2020, 03:30 PM #1
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HBAR vs. govt profile rules

So I purchased my AR15 as an HBAR complete rifle, cash and carry, prior to the 2013 ban. I am considering getting a complete 16” upper with a govt. profile barrel.

Is it legal to possess a 16” M4 govt. profile upper receiver provided that it is not attached to a lower receiver?

My plan is to keep it detached from the lower until I arrive at a shooting range outside of the state, in VA. I would separate the two halves prior to re-entering MD.
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Old May 14th, 2020, 03:35 PM #2
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If you owned it prior to 10/1/13 I'm wondering why you couldn't just slap it on there and call it a day??
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Old May 14th, 2020, 03:40 PM #3
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I’m not sure. Can I? I thought that that wouldn’t be a legal configuration.
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Old May 14th, 2020, 03:43 PM #4
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Since you bought it cash and carry? Who knows, the idiots passing these laws make it a little confusing to say the least.
Having said that, I have never had anyone ask to see a dated receipt or mic my barrel at a range
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Old May 14th, 2020, 03:47 PM #5
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Assuming that you have proof of purchase dated prior to 10/01/13...

Lowers purchased prior to the 2013 law change are not barred from use with non HBAR uppers.

The lower, being the serialized component, IS the firearm. Therefore, attaching a non HBAR upper to it is not banned.
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Old May 14th, 2020, 03:52 PM #6
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How do I obtain proof of purchase? I’m not sure I still have it. I’ll have to check via the gun store. Can the purchase date be verified via the rifle serial number?
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Old May 14th, 2020, 03:57 PM #7
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Quote:
Originally Posted by Frostburg View Post
How do I obtain proof of purchase? I’m not sure I still have it. I’ll have to check via the gun store. Can the purchase date be verified via the rifle serial number?
FFL's need to keep records for 20 years. Assuming your purchase was between 2000 and 2013, they should still have a record.
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Old May 14th, 2020, 03:58 PM #8
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Quote:
Originally Posted by RoadDawg View Post
Assuming that you have proof of purchase dated prior to 10/01/13...

Lowers purchased prior to the 2013 law change are not barred from use with non HBAR uppers.

The lower, being the serialized component, IS the firearm. Therefore, attaching a non HBAR upper to it is not banned.
From a strict legal perspective, what you're saying is not correct with his case. He purchased it as a complete HBAR rifle. If that gun stayed in HBAR config the entire time, it never became a copy of an enumerated weapon, and could not be turned into one now.

Realistically, the MSP could never prove it either way, but then again, if they charged you, YOU would be the one to have to prove it in court, since they'd be starting with "we found you with a banned gun". Food for thought.
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Old May 14th, 2020, 03:59 PM #9
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Originally Posted by rseymorejr View Post
Since you bought it cash and carry? Who knows, the idiots passing these laws make it a little confusing to say the least.
Having said that, I have never had anyone ask to see a dated receipt or mic my barrel at a range
Has anyone ever heard of anyone getting in any legal trouble over Barrel profile? I’ve never heard of anything like that and I’ve shot plenty of AR’s with some cops at the range. I don’t think anyone cares one bit - and this is not implying that anyone should break the law.
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Old May 14th, 2020, 03:59 PM #10
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The burden of proof is actually on the government to prove that you did not purchase it before Oct 1, 2013. However, it's always good to be fully in control over your situation. The best way I know how to do that is to keep the records and receipts of gun purchases.
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