Old November 17th, 2016, 08:24 PM #1
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AR15 upper legality/concerns

1: Can a MD resident purchase a complete AR15 upper that is, to the best of knowledge, NOT marked HBAR or marketed as HBAR but appears to have a HBAR?
2: I know I've read here that there isn't an industry standard on what a HBAR is, so diameter and "appears to be" doesn't mean crap, correct?
3: If the upper is legal to buy and OWN in MD but not assemble in Maryland, is it legal to take said upper to WV, PA, or any other free state and assemble it where it will be used for target practice, 3 gun, and/or hunting?
4: Would it be legal to buy aforementioned upper and replace the barrel with one stamped or marketed as HBAR?

More than likely this has been brought up somewhere here, but searchy no like a me and I don't have hours and hours to search lol
ANY legitimate and accurate input to guide me in the right direction will be greatly appreciated.
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Old November 17th, 2016, 08:37 PM #2
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Quote:
Originally Posted by Doobie View Post
1: Can a MD resident purchase a complete AR15 upper that is, to the best of knowledge, NOT marked HBAR or marketed as HBAR but appears to have a HBAR?
2: I know I've read here that there isn't an industry standard on what a HBAR is, so diameter and "appears to be" doesn't mean crap, correct?
3: If the upper is legal to buy and OWN in MD but not assemble in Maryland, is it legal to take said upper to WV, PA, or any other free state and assemble it where it will be used for target practice, 3 gun, and/or hunting?
4: Would it be legal to buy aforementioned upper and replace the barrel with one stamped or marketed as HBAR?

More than likely this has been brought up somewhere here, but searchy no like a me and I don't have hours and hours to search lol
ANY legitimate and accurate input to guide me in the right direction will be greatly appreciated.
Yes to all with the caveat that I wouldn't have the assembled upper in MD without previously building it as a pistol. Pistols have no corresponding legality to barrel contour so you could have a pistol upper and a rifle upper and use them interchangeably as its legal to go from pistol to rifle and back again but NOT the other way around. I'd just leave the questionable upper outside of MD and have fun.
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Old November 17th, 2016, 09:20 PM #3
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I'd just leave Maryland!
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Old November 17th, 2016, 09:28 PM #4
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Thanks for the reply Mopar92.
So I should put a pistol upper on my lower first, then disassemble it and once out of state, put the rifle upper in question on it and do my thing in a free state, and then remove the upper and leave it at my family's residence before coming back into MD, right?
Do I have to purchase a pistol upper or can a friend put his pistol upper on my lower and then remove it, making my lower "enhanced" so that I can switch back and forth?
Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.
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Old November 17th, 2016, 09:58 PM #5
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Quote:
Originally Posted by Doobie View Post
Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.
The presence or absence of a stock is a bigger factor in determining whether the firearm is a pistol or a rifle. That's why you see so many folks going with a Sig Brace and a short non-HBAR barrel. Putting a shoulder stock on the lower with a barrel less than 16" and you are now entering SBR (short barrel rifle) territory... all fine and dandy if you have paid the $200.00 tax and waited to get the stamp.
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Old November 17th, 2016, 10:11 PM #6
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In addition to what others have said, if you happen to own a pre-ban lower, owning another non-Hbar upper is fine.
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Old November 17th, 2016, 10:30 PM #7
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I'd just leave Maryland!
If I could sell my house right now, I'd be moved out of MD by midnight. And I don't get off work til 11:30pm tonight
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Old November 17th, 2016, 10:32 PM #8
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https://www.mdshooters.com/showthread.php?t=201905

This sure looks HBAR. Damn it if one squints hard enough, I bet it has it stamped somewhere. Maybe its stamped in between the lands and grooves
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Old November 17th, 2016, 11:10 PM #9
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https://www.davidsondefense.com/inde...s-complete-kit
This barrel looks the same to me sans being stainless and is designated HBAR.
I HATE Maryland's stupid gun laws
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Old November 17th, 2016, 11:32 PM #10
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Quote:
Originally Posted by Doobie View Post
Thanks for the reply Mopar92.
So I should put a pistol upper on my lower first, then disassemble it and once out of state, put the rifle upper in question on it and do my thing in a free state, and then remove the upper and leave it at my family's residence before coming back into MD, right?
Do I have to purchase a pistol upper or can a friend put his pistol upper on my lower and then remove it, making my lower "enhanced" so that I can switch back and forth?
Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.
A pistol per ATF regulations is a firearm with a rifled barrel NOT designed to be fired from the shoulder. (This is why the SIG, KAK Shockwave, and various other "arm braces" are legal.

So legally speaking. Installing the non HBAR or questionable HBAR barrel but NOT installing a buttstock legally means you manufactured a pistol. (Take pichers and email them to yourself or post them on FB).
Go to a free state, not Freestate or The Free State and install your buttstock and zero the upper. Leave the upper or barrel there.
Buy an HBAR upper (Blue Fins has some nice ones in stock ((shameless plug)) )and enjoy your MD legal rifle.
Switch back and forth remembering never, ever to bring your LW upper back to Marylandistan while assembled as a rifle. (Buttstock AND barrel of 16" OAL or greater)
Live long and prosper.

As to your second question, gun shops COULD do that if they're willing to become an 07 FFL/SOT and pay a 10% excise tax for each gun.
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I may be a slut, but I only did it once for money.

The peace sign is just the trigger and the middle finger.

What is Liberty Tree? Click this to find out
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