Pre-Oct 2013 lower non-HBAR build?

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  • jdsteele

    Active Member
    May 21, 2013
    108
    I have a couple of stripped AR15 lower receivers I bought on 30 Sept 2013.

    My understanding is that I can use these to build non-HBAR AR15s since Maryland considers these receivers to be actual pre-Oct 2013 ARs.

    Correct?

    I'm sure this has been answered but apparently my search skills suck.
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    Correct. The stripped lower is the firearm, legally speaking. A pre-ban stripped lower you owned prior to 10-1-13 is exempt from FSA2013.
     

    jdsteele

    Active Member
    May 21, 2013
    108
    Thanks, that's what I thought. Just making sure there isn't some new crap-law-revision thing.

    Back then, I thought AR15s in MD would be totally banned, so I quick-nabbed 2 Anderson lowers for the panic-price of $135 each.

    Before the Oct 2013 new law threat, I never even considered that I might want an AR15. I will soon have 2 AR15s primarily because Maryland did not want me to have them. Smart move, MD.

    I'm not too sure why I'd want non-HBAR instead of HBAR though. Still new to the AR thing. I was happy with pistols and shotguns before MD told me I couldn't have an AR. In fact, the only reason I have an HQL is because last year I won a Ruger SR9 in a fire station gun raffle.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,295
    So what would be the most in your face upper you could put on a pre ban lower just to PO the liberals? Something without going the NFA route.
     

    jdsteele

    Active Member
    May 21, 2013
    108
    Back then, I thought that if it wasn't a real Colt Sporter, it would be banned. Nobody knew. I felt a bit stupid a few months later when it was believed that HBARs would be ok, and I paid $135 for a $40 Anderson receiver. I considered the "panic premium" to be the "Maryland screws potential AR buyers" insurance, so it was worth it.

    I still don't know why I'd want a non-HBAR vs an HBAR, except MD doesn't want me to have it. So I probably want it. I guess it's extra deadly or something.
     

    jdsteele

    Active Member
    May 21, 2013
    108
    So what would be the most in your face upper you could put on a pre ban lower just to PO the liberals? Something without going the NFA route.

    Maybe I could have "AUTO" engraved on the receiver like an M16 selector switch.
     
    Last edited:

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    The benefits of a lightweight upper are primarily its light weight, it's easier to carry for longer, it's a wee bit faster to target from a ready position and it cools down faster from rapid fire (it also heats up quicker). You can also use an old school mount to attach an M203.

    You can also build "mil-spec" clones such as M16A1 style builds, or XM177 style clones which are popular now.


    The cons are different transportation regulations and when/where you can legally have it.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,295
    probably a pistol upper would send them into convulsions.

    Building a pistol on a currently available lower is not banned. So to make the most of a pre ban lower you need to build configuration that is currently banned. Obviously something with a pencil barrel but what would put a liberal gun haters panties in the tightest wad?:innocent0
     

    Metaterra

    Active Member
    Jun 28, 2008
    413
    Annapolis, MD
    The cons are different transportation regulations and when/where you can legally have it.

    I wasn't aware of that. There are different regulations on transport and where you can possess HBAR and non-HBAR rifles? I thought the SB281 did away with the idea of "regulated" rifles. I am genuinely curious. I have one of each and have been treating them the same from a legal perspective.

    To the OP - I am another one who never really thought much about ARs until it looked like MD would tell me I couldn't have one. So now I have two and a pre-2013 lower!
     

    xdmdude

    Active Member
    Oct 1, 2011
    118
    I'm not a lawyer, but you should be good to go. I think you would have had to take possession prior to October 1 though, not just purchased them that day. If your "not disapproved" came back after October 1 you might be stuck with HBARs. It's all very confusing!
     

    GutPile

    Ultimate Member
    Jul 4, 2016
    3,284
    I'm not a lawyer, but you should be good to go. I think you would have had to take possession prior to October 1 though, not just purchased them that day. If your "not disapproved" came back after October 1 you might be stuck with HBARs. It's all very confusing!

    If it was purchased pre Oct1 and you received an approved on a 77R its good to go. Approved 77R = regulated pre Oct1 AR. Post Oct 1 purchase = cash carry HBAR only non regulated.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    I wasn't aware of that. There are different regulations on transport and where you can possess HBAR and non-HBAR rifles? I thought the SB281 did away with the idea of "regulated" rifles. I am genuinely curious. I have one of each and have been treating them the same from a legal perspective.

    To the OP - I am another one who never really thought much about ARs until it looked like MD would tell me I couldn't have one. So now I have two and a pre-2013 lower!

    Non HBARs legally acquired pre 10/1/13 fall under regulated assault weapons/pistols transport laws.

    IE to and from a range, gun shop, sporting event, target practice etc.

    HBARs are treated as any other long gun (shot gun/rifle) and can be transported willy nilly so long as they are unloaded and the ammo seperate.

    Which is why in the trunk of my Impala is a bona fide HBAR purchased post 10/1/13 and loaded magazines.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,295
    I'm not a lawyer, but you should be good to go. I think you would have had to take possession prior to October 1 though, not just purchased them that day. If your "not disapproved" came back after October 1 you might be stuck with HBARs. It's all very confusing!

    Actually the law said something to the effect that if you had a legitimate purchase order for a pre ban configuration dated prior to Oct.1, 2013 you could still have it delivered after the ban went into effect. Some people had paid for and were waiting for custom build guns that would not be delivered until months later.
     

    jdsteele

    Active Member
    May 21, 2013
    108
    Non HBARs legally acquired pre 10/1/13 fall under regulated assault weapons/pistols transport laws.

    IE to and from a range, gun shop, sporting event, target practice etc.

    HBARs are treated as any other long gun (shot gun/rifle) and can be transported willy nilly so long as they are unloaded and the ammo seperate.

    Which is why in the trunk of my Impala is a bona fide HBAR purchased post 10/1/13 and loaded magazines.

    Well, I did not know this. This may make a difference in what I build. If I build an HBAR on a pre 10/1/13 lower, is it considered a regulated weapon with the more restrictive transport laws?

    As a Designated Collector, I could possibly claim I'm transporting to a exhibition, but I doubt I could leave it in an Impala trunk.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Well, I did not know this. This may make a difference in what I build. If I build an HBAR on a pre 10/1/13 lower, is it considered a regulated weapon with the more restrictive transport laws?

    As a Designated Collector, I could possibly claim I'm transporting to a exhibition, but I doubt I could leave it in an Impala trunk.

    If you build an HBAR it will no longer be a regulated weapon and therefore able to be carried willy nilly.

    But a post 10/1/13 lower is only about $100 so if you wish to have an HBAR and a mil spec clone and have the best of both worlds.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    Non HBARs legally acquired pre 10/1/13 fall under regulated assault weapons/pistols transport laws.

    IE to and from a range, gun shop, sporting event, target practice etc.

    HBARs are treated as any other long gun (shot gun/rifle) and can be transported willy nilly so long as they are unloaded and the ammo seperate.

    Which is why in the trunk of my Impala is a bona fide HBAR purchased post 10/1/13 and loaded magazines.

    no shit, I didn't know there were different transport laws. thanks for the education. I didn't know I could ride around with a post 10/1/13 HBAR in my trunk with no intention of going to the range/gun shop etc...
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,286
    Non HBARs legally acquired pre 10/1/13 fall under regulated assault weapons/pistols transport laws.

    IE to and from a range, gun shop, sporting event, target practice etc.

    HBARs are treated as any other long gun (shot gun/rifle) and can be transported willy nilly so long as they are unloaded and the ammo seperate.

    Which is why in the trunk of my Impala is a bona fide HBAR purchased post 10/1/13 and loaded magazines.
    not true only handguns

    No transport restrictions for any long guns
     

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