Are SBR's legal in MD?

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Well it’s still a semi auto whether it can be fired or not

    Seems to me the statute makes no mention of whether it can fire or not

    If my rifle has a safety on, it can’t fire either. Doesn’t change what it is

    If the rifle has a folding stock, that’s a feature

    Strike one, You’re out

    Caveat emptor
    The issue is not whether is can be fired or not, it is about what it is designed to do. If you look at how a rifle is defined in other subtitles and in federal law, the term "designed" is used to describe what a rifle is. The fact of the matter is that a rifle with a Law Tactical folding stock is not designed to operate semiautomatically with the stock folded. The folding mechanism of that stock does more than just fold the stock. It removes the buffer tube from its designed location/operation. Without the buffer tube, the rifle is simply not designed to operate as a semiauto. The limitation on folding stocks only applies to semiauto centerfire rifles.
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,644
    MoCo
    Not that I can ever win an argument w/ a lawyer... ;)

    But the law says folding stock, not folded. I could maybe see your argument that it is legal when folded as its not semi-auto, but when its unfolded is it not illegal as it is now a semi auto w/ a folding stock?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    You didn't quote the actual MD law.
    1) The Law Tactical folder DOES permit you to fire once when folded (Your quote from DBlas is technically wrong on that point.)
    2) The MD law does not state it has to be able to fire when folded. The actual text is simply:

    "A folding stock." Thats it. NOWHERE does it mention capbility to fire. A folding stock, including the Law Tactical folder, counts as one feature.
    MSP guidance from 2013 is that the firearm has to continually fire (more than once) to qualify as a banned feature. The issue is continuous fire, not just one round. This back when I was President of MSI and SB281 became law, and we were trying to get a handle on what did and did not qualify as an evil feature (example, AK47 with folding stock and can fire more than one round equals an evil feature.
    AR-15 with a folding stock attachment for compact storage, and does not designed to be fired while folded equals NOT an evil feature.)

    If the folder is designed to be fired while folded - evil feature, if not (i.e. LAW type folder designed for storage) - not an evil feature.

    Technically correct since the guidance comes from MSP and actually makes sense.

    Don't like the answer, then call MSP yourself. I'm getting really tired of explaining myself who what to argue items that have been asked and answered back when they were initially issues, and haven't been for almost 10 years.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Well it’s still a semi auto whether it can be fired or not

    Seems to me the statute makes no mention of whether it can fire or not

    If my rifle has a safety on, it can’t fire either. Doesn’t change what it is

    If the rifle has a folding stock, that’s a feature

    Strike one, You’re out

    Caveat emptor
    Sorry my friend, per a conversation with MSP, the folder has to have been designed to permit full operation when folded (i.e. AK47 type folder, not the LAW type folder) to equal an evil feature. No regular operation, no evil feature.

    This has been discussed and answered many times since 2013.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Not that I can ever win an argument w/ a lawyer... ;)

    But the law says folding stock, not folded. I could maybe see your argument that it is legal when folded as its not semi-auto, but when its unfolded is it not illegal as it is now a semi auto w/ a folding stock?
    It is assumed that the firearm is useable with the folding stock in the folded position (i.e. AK47, not the LAW type folder).
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    The same MSP that admitted their interpretation/guidance on this law isn't legally binding?
    They may not have even understood the question correctly.
    Both LD commanders (The present one and the previous one) perfectly understood the question as well as AAG Bowen, who is the Legal counsel for MSP.

    What don't you understand about being fully functional with the stock folded?

    There have been numerous conversations about this issue since 2013, you have ben a member since 2012, how have you managed to miss them ALL.
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,644
    MoCo
    Both LD commanders (The present one and the previous one) perfectly understood the question as well as AAG Bowen, who is the Legal counsel for MSP.


    What don't you understand about being fully functional with the stock folded?

    There have been numerous conversations about this issue since 2013, you have ben a member since 2012, how have you managed to miss them ALL.
    Ok, I've searched all the old SB281/FSA2013 megathreads and find nothing. I search for "law tactical" and only find you first mentioning it on Jan 2021 (and then again recently in this thread)
    Yet there are lots of threads in the pistol and nfa forums saying it was illegal on rifles and you didn't pipe up in those. I try to stay current but no one can read everything. Clearly you and I read/post in different threads.

    Can you please post links to the "numerous conversations" where this was discussed? Also a link to AAG Bowens letter clarifying this would be greatly appreciated. My google-fu is letting me down.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Not that I can ever win an argument w/ a lawyer... ;)

    But the law says folding stock, not folded. I could maybe see your argument that it is legal when folded as its not semi-auto, but when its unfolded is it not illegal as it is now a semi auto w/ a folding stock?
    The stock itself does not fold. The part that folds is the buffer tube. Additionally the adapter prevents semiauto operation before the buffer tube folds so there is never a semiauto with a folding stock.
     

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