AR-15 pistol build; restrictions?

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  • Apr 3, 2017
    26
    I've decided I want to build an AR-15 pistol in either 5.56 or maybe 300 Blackout. I'm aware of the FSA restrictions on AR-15 rifles. And that the FSA classifies the AR-15 pistol as a "handgun" due to barrel length <16" and is therefore regulated. I'm aware of NFA regulations so to avoid building an SBR.

    I'm not a legal expert, so I'm looking for maybe a reference to the FSA or other statute that I may need to know before I continue down this path.

    Do I need an HQL to build a handgun? Do I need to equip my AR-15 pistol a certain way to comply with Maryland law? (e.g. flash hider, barrel thickness, cannot have X feature, caliber specific regulations, etc.)
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    Firstly, IANAL. Now, let's start out with:

    1) You can not build an AR pistol on a lower that started its life as a rifle(you can't convert a rifle into a pistol unless it started out as a pistol).

    2) You may put a flash hider on your pistol.

    3) You may put a suppressor on your pistol.

    4) You may put a folding buffer tube(as in a LawTactical) on your pistol.

    5) You may build this pistol in any caliber you choose.

    6) You may put a 'pistol stabilizing brace' on your pistol(mind all NFA regs.)

    7) You can even put a standard carbine buffer tube on it, but be very careful with this one.

    There will be others along to help, ones who can site laws and such. That's just not my bag baby.;)
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    If I bought a new stripped lower, how does it become designated as a pistol or rifle?

    It won't actually be "designated" a pistol ever. If you build it into a rifle first, in the eyes of the Lord(and government), it will remain a rifle. Whenever I build up a new stripped lower, I first build it into a pistol, then photograph it showing the serial#. It's like anything else legalwize, THEY have to prove you wrong. But, than can end up costing you lawyer fees, and that ain't good.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,988
    Eastern shore
    It won't actually be "designated" a pistol ever. If you build it into a rifle first, in the eyes of the Lord(and government), it will remain a rifle. Whenever I build up a new stripped lower, I first build it into a pistol, then photograph it showing the serial#. It's like anything else legalwize, THEY have to prove you wrong. But, than can end up costing you lawyer fees, and that ain't good.

    As ridiculous as that sounds, I'm stealing your idea.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    If it actually comes down to needing the picture, you are already in more trouble than you are worth. The picture in no way shows what the firearm was 10 minutes before the picture was taken.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    If it actually comes down to needing the picture, you are already in more trouble than you are worth. The picture in no way shows what the firearm was 10 minutes before the picture was taken.

    That may be true, except pictures are time stamped. Personally, I think it is an unnecessary precaution...except when it becomes necessary. Do things right, and you can look anybody in the eye and tell the truth. By the way, what will it cost you...?
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    That may be true, except pictures are time stamped. Personally, I think it is an unnecessary precaution...except when it becomes necessary. Do things right, and you can look anybody in the eye and tell the truth. By the way, what will it cost you...?

    You set the date and time in your camera. And it does not matter what time the picture has on it, what was the pistol 10 minutes before the picture was taken?
    Lets see... You have been arrested, your firearm has been confiscated, maybe all of them, now you get to post bail, hire an attorney.....
     

    HordesOfKailas

    Still learning
    Feb 7, 2016
    2,205
    Utah
    If I bought a new stripped lower, how does it become designated as a pistol or rifle?

    It should be transferred in the category of "Other". A lower originally configured as a rifle lower cannot be made into a pistol lower, but an "Other" lower can be either. Configure it as a pistol from the start and you'll be set down the line regardless of what you want to do later.

    no vertical foregrip or it becomes an NFA AOW.

    Angled foregrip ok.

    Doesn't a barrel of 16"+ on a pistol negate that rule? As I remember the issue is concealability.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    "what was the pistol ten minutes before the picture was taken?". Property of(fill in the appropriate police dept) whomever now has possession of said pistol? Why am I under arrest one more time?

    BTW, even an "other" must be a pistol first if it is ever to be a pistol again. Correct?

    Sent from my XT1585 using Tapatalk
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    What does the picture prove?

    Go outside and take a tire off your car. Take a picture of the car with 3 tires. Does that picture prove the car never had all 4 tires on it?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    "what was the pistol ten minutes before the picture was taken?". Property of(fill in the appropriate police dept) whomever now has possession of said pistol? Why am I under arrest one more time?

    BTW, even an "other" must be a pistol first if it is ever to be a pistol again. Correct?

    Sent from my XT1585 using Tapatalk

    yes
     

    Ranchero50

    Ultimate Member
    Dec 15, 2012
    5,411
    Hagerstown MD
    Where can I go online to research this topic?

    Honestly here is probably the best resource you will find in one setting. From another post I read, firearm legality classification is like having a conversation with several authorities each having their own interpretation of the law within their domain (ATF, MSP, MGA, etc) and threading the needle of legality.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    Well this question IS a bit more straightforward than the eternal Transporting question. ( Disregarding making a copy of one of the obscure enumerated Banned Pistols from '89/ '94/ '96 lists .)

    The simple sequence is ;

    Use Virgin reciever
    Not with intent to resell

    No Maryland based restrictions on features , bbl profile, etc.

    No further actions required with MSP .

    Federal issues can be debated endlessly if you want , but can be simple also .

    No vertical foregrip.
    No buttstock.

    If you build it once, and keep it that way , it's still simple.

    If you try to follow the psth of switching back & forth between pistol and rifle , that opens a rabbit hole of sequencing .
     

    hi3cho

    Ultimate Member
    Nov 16, 2012
    1,306
    Edgemere
    What does the picture prove?

    Go outside and take a tire off your car. Take a picture of the car with 3 tires. Does that picture prove the car never had all 4 tires on it?

    I know this is an old post but the point of the picture is that you have proof that it was in pistol form with a date stamp. There is no picture of it in rifle form before then because it was never in rifle form. The state would have to prove that it was. It also shows that he was making every attempt to comply with the law. You can fake all kinds of evidence, it doesn't mean you can never use it. You can backdate a signature, I guess signatures are no good in court since you control what date you put down.
     

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