Polytech M14s and H&K HK MR556 NOT banned in MD

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  • RRHemi

    Active Member
    Mar 1, 2013
    728
    Annapolis, MD
    I wasn't trying to keep other dealers from getting any notoriety in this. I know a lot of dealers worked/working hard to fight this crap. I wish we were on the same sheet of music more often!
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    Glad I found this thread. I couldn't find an M1A1 before Oct but was able to buy an M14. Nice to now I can sell it in MD if I want.
     

    AwesomeBill

    Awesome Member
    Apr 24, 2009
    261
    Westminster
    Firearms Bulletin 10-2

    https://www.mdsp.org/LinkClick.aspx?fileticket=Fy2Q8TuDX0M=&tabid=961&mid=2764

    Can't copy the words, but:

    States the a firearm that is only cosmetically similar is not a regulated (now banned) firearm.

    But then it goes on to say that it IS regulated (now banned) if it 1) "is a reproduction or imitation of a firearm that is cosmetically similar to a specifically enumerated firearm" on the list and 2) that has "completely interchangeable internal components necessary for the full operation and function of one of the enumerated firearms"

    So Fulton M14 is banned. It is cosmetically similar (which IS a requirement) and has completely interchangeable internal parts.

    However an L1A1 should NOT be banned, as while it is cosmetically similar, the internal components are NOT interchangeable with full operation and function.

    I was absolutely totally ignorant of the "completely interchangeable" part of the statute. Mea culpa, and apologies all around!
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,140
    DPR of MoCo
    I said Engage was doing heavy lifting...we all know Duffy's has. I shop at both. They are the only ones I can speak for when talking about contributions to the fight.
     

    mtel

    Ultimate Member
    Dec 21, 2012
    1,071
    Virginia
    Credit is due to ALL the FFL's in MD. Some have been more public in their efforts than others. But that doesn't mean that all of them haven't done their part. We owe appreciation to ALL of them. They have been on the front lines of this battle long before the FSA was passed and will be far into the future. The amount of time and money spent dealing with the aftermath of the FSA can't be calculated.

    The only thing I wish could be improved upon is a more collaborative effort. Instead of saying one does more than another we really should be focused on how we work together on this matter. We would be far more powerful working together on this. I can only hope that this will be the direction we move towards in the future.

    Completely agree with all this, especially the collaboration part. In fact I wish there was a mechanism to channel funding and ideas to designated source(s). Probably too much to ask though.

    Free country, I know...just wish people would let the experienced folks handle interaction with MD right now. Just for now; it's a crucial time period.
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,661
    MoCo
    Firearms Bulletin 10-2
    ...
    and 2) that has "completely interchangeable internal components necessary for the full operation and function of one of the enumerated firearms"

    So, a clever FFL07 here in MD (or homebuilder) could manufacture an "AK-like";) firearm w/ a modified receiver that takes a custom bolt to function? Say... just like welding in a blocking bar that is often used in semi-auto machine gun look-a-likes so that the orig MG bolts can't fit (a groove is machined in the new semi only bolt). That satisfies the ATFs requirement that a gun can't be converted back to full auto in those cases. The same method would definitely prevent a factory AK bolt from even fitting in and thus not "completely interchangeable".:innocent0

    Note to those not familiar w/ blocking bars or building your own firearms: When you want to make a semi-auto machine gun look alike from an old demilled parts kit you CAN'T just make an identical clone or you just made an illegal machine gun. Take the PPS43 for example. You have to convert the old open-bolt system to closed-bolt. But that isn't enough because the old open bolt would just 'drop in' and still work. So the ATF makes you go one further and do something so the old orig bolt CANT fit in. Many folks weld a bar along the receiver (the new PPS43Cs have a ridge stamped in doing the same thing), or make the receiver tube very slightly smaller in diameter, etc. You can machine a groove in semi bolt to clear the bar or make a smaller diameter bolt in the case of a smaller receiver. FWIW, HK uses a little 'shelf' where the front trigger pack pin would go and blocks the use of a factory full auto pack. Semi only packs have a notch cut out of them to clear that shelf. You can safely own the full auto-parts w/o a constructive intent problem because they DO NOT FIT in the semi firearms. Now, if you have a PPS43 auto bolt w/ the slot machined or a HK auto pack w/ the edge cut off you are in DEEP trouble w/ the ATF.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    I would not use the AK as an example. It's very awkward to deal with AKs due to the wording of the list. (When is someone going to sue the MSP over "what is an AK?") But, I agree, you generally have the right idea here.

    I wonder how the MSP would deal with the Cav Arms lower, given that it can't take a standard AR buffer tube?
     

    Xander

    Active Member
    Dec 6, 2010
    211
    My Norinco mags won't fit in my Arsenal, even though they're both 5.56mm.

    I think AK's will be the last thing to get straightened out. I just hope people don't start asking the MSP questions that would lead them to rescind the "100% interchangeable" language. That would be a shame. Honestly, I think forcing the AK issue (at this time) would be a mistake.
     

    O-Hebi

    Member
    Jul 19, 2013
    27
    I have been mulling this over in my brain for a few weeks but, to me, the whole notion of "law interpretation" seems about as ridiculous as one could possibly get. Words have meanings and those meanings can be defined precisely. With that having been said, why can't we sue over misuse of language or intentionally confusing legislation and, to go one step further, enforcing strict usage of words? Take the word "shall" for instance. For all intents and purposes "shall" is a hard command or a definite directive with the exception of a question in laymens terms. Now, when you get to the legal definition, what you have is :shall v. 1) an imperative command as in "you shall not kill." 2) in some statutes, "shall" is a direction but does not mean mandatory, depending on the context. The first definition is the one that we all know but I would be surprised if, outside of those in the legal profession, anyone would know that the word does not mean what it says. Technically... Can this be legally challenged? It would seem, and I could be wrong as I am not a lawyer, that there would be a valid fight could potentially change things universally. As in "...the right of the people to keep and bear arms, SHALL not be infringed." See? That one word when applied with the second definition makes it all kooky and up for grabs. Of course I understand what it means but I was wondering what you guys thought... Just a thought.
     

    O-Hebi

    Member
    Jul 19, 2013
    27
    I found this in Black's Law Dictionary...
    What is "shall"?
    As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and In cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, "shall" is to be construed as "may," unless a contrary intention is manifest. See Wheeler v. Chicago, 24 111. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist., 184 111. 597, 56 N. E. 9.".:;: Madison v. Daley (C. C.) 58 Fed. 753; Cairo & F. R. Co. v. Ilecht, 95 U. S. 170, 24 L. Ed. 423. SHAM PLEA. See PLEA. SHARE 1082 SHERIFF
     

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