ericoak
don't drop Aboma on me
I am sending my response below. Wanted some input before sending it to make sure I am explaining it correctly.
Dear Terry Whittington Jr,
I recently received two 5320.20s disapprovals for my AR-15 SBRs that I would like to take to MD. MD law is quite confusing, but I believe the wrong criteria was applied resulting in an incorrect disapproval. Before going over the criteria, I would also point to a bulletin (included with this letter) published by Maryland State Police which says that short barreled rifles and shotguns are illegal if they meet the definition of a copycat weapon. As I will prove below, my AR-15 SRBs do not meet this definition. MSP bulletin also say that any SBRs offered for sale by a dealer must be on the handgun roster, which would imply that SBRs on the roster are legal for sale by dealers in MD. I am not a dealer so the roster requirement doesn’t apply. The ATF has also approved many AR-15s and AKs in the same configuration as mine in MD this year alone, and can be purchased from MD dealers.
The definition of a handgun in MD is given in CR 4-201 included below:
Title 4, Section 2, 4-201
(c) Handgun.-
(1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.
(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.
I am indicating in red below why my gun does not meet each of the criteria. This is based off the criteria list you mailed me with my disapproval. I am including the entire section of 4-201 with my letter.
Maryland Defintion:
Assault weapon. – “Assault weapon” means:
(1) An assault long gun; Under MD state law, SBRs are considered handguns (not pistols) so it cannot be an assault long gun since it is not a long gun.
(2) An assault pistol; Under MD state law, SBRs are not pistols, only handguns. They are not the same thing. All pistols are handguns, but not all handguns are pistols.
(3) A copy cat weapon.—
a. Copycat weapon means:
i. A semiautomatic centerfire rifle that can accept a detachable magazine and has two of the following: I only have 1 of the following which is less than required 2
1. Folding stock No
2. Grenade or flare launcher; or No
3. Flash suppressor Yes
ii. A semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds; My gun does not have a fixed magazine.
iii. A semiautomatic centerfire rifle that has an overall length of less than 29 inches. My gun has an OAL of 30.5” which is greater than 29.
iv. A semiautomatic pistol with a fixed magazine that can accept more than 10 rounds; My gun is not a pistol (only a handgun) and no fixed magazine
v. A semiautomatic shotgun that has a folding stock; No shotgun or folding stock
vi. A shotgun with a revolving cylinder; No shotgun and no rotating cylinder
b. “Copycat weapon” does not include an assault long gun or an assault pistol
As you can see, the two guns I submitted a 5320.20 do not meeting the definition a banned assault weapon and are therefore legal to bring to MD. The 2013 MD laws were poorly written by people who know nothing about firearms and as a result you practically have to be an attorney to decipher the meaning.
Dear Terry Whittington Jr,
I recently received two 5320.20s disapprovals for my AR-15 SBRs that I would like to take to MD. MD law is quite confusing, but I believe the wrong criteria was applied resulting in an incorrect disapproval. Before going over the criteria, I would also point to a bulletin (included with this letter) published by Maryland State Police which says that short barreled rifles and shotguns are illegal if they meet the definition of a copycat weapon. As I will prove below, my AR-15 SRBs do not meet this definition. MSP bulletin also say that any SBRs offered for sale by a dealer must be on the handgun roster, which would imply that SBRs on the roster are legal for sale by dealers in MD. I am not a dealer so the roster requirement doesn’t apply. The ATF has also approved many AR-15s and AKs in the same configuration as mine in MD this year alone, and can be purchased from MD dealers.
The definition of a handgun in MD is given in CR 4-201 included below:
Title 4, Section 2, 4-201
(c) Handgun.-
(1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.
(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.
I am indicating in red below why my gun does not meet each of the criteria. This is based off the criteria list you mailed me with my disapproval. I am including the entire section of 4-201 with my letter.
Maryland Defintion:
Assault weapon. – “Assault weapon” means:
(1) An assault long gun; Under MD state law, SBRs are considered handguns (not pistols) so it cannot be an assault long gun since it is not a long gun.
(2) An assault pistol; Under MD state law, SBRs are not pistols, only handguns. They are not the same thing. All pistols are handguns, but not all handguns are pistols.
(3) A copy cat weapon.—
a. Copycat weapon means:
i. A semiautomatic centerfire rifle that can accept a detachable magazine and has two of the following: I only have 1 of the following which is less than required 2
1. Folding stock No
2. Grenade or flare launcher; or No
3. Flash suppressor Yes
ii. A semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds; My gun does not have a fixed magazine.
iii. A semiautomatic centerfire rifle that has an overall length of less than 29 inches. My gun has an OAL of 30.5” which is greater than 29.
iv. A semiautomatic pistol with a fixed magazine that can accept more than 10 rounds; My gun is not a pistol (only a handgun) and no fixed magazine
v. A semiautomatic shotgun that has a folding stock; No shotgun or folding stock
vi. A shotgun with a revolving cylinder; No shotgun and no rotating cylinder
b. “Copycat weapon” does not include an assault long gun or an assault pistol
As you can see, the two guns I submitted a 5320.20 do not meeting the definition a banned assault weapon and are therefore legal to bring to MD. The 2013 MD laws were poorly written by people who know nothing about firearms and as a result you practically have to be an attorney to decipher the meaning.
