Can my Brother loan me an ar15?
- Thread starter 07g35xnick
- Start date
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Even if it's only a misdemeanor, a conviction would cause him the loss of his right to own a firearm. Even if he only got a year, he'd be toast as the law says if the punishment COULD be two years or more, he'd be toast.
I never insinuated that was the point of your post. If I did, I apologize.
I never insinuated that was the point of your post. If I did, I apologize.
If you want to use his 6.8 rifle and he's willing to loan it to you, why doesn't he just lend you his upper? Doesn't it fit on a standard lower? You should be legal in any configuration if you have a pre-oct lower.
platekiller
Ultimate Member
Just borrow the upper and you can put it on your pre 10/1 lower. Is the 6.8 and hbar? Was it bought complete? Just trying bouncing ideas around.
07g35xnick
Active Member
All great ideas, thanks!
I don't know much about the 6.8 but I'm pretty sure it's just the upper and the mags.
It's not an hbar.
fabsroman
Ultimate Member
Now, if you POSSESSED the assault weapon before October 1, 2013, then you may continue to possess it.
I think you are begging to become a test case and possibly on the wrong end of the test case. Possession is not equal to transfer of title. Merely possessing drugs even if you do not own them gets you in some serious trouble.
Edit to add: He can let you shoot one of his AR-15s while you are in WV, but he cannot loan you one for you to bring home to your residence in Maryland. As already suggested, he can loan you the 6.8 upper, without the lower, and you can use it on your own lower. No need to worry about whether it is an HBAR IF your AR-15 lower is a pre October 1, 2013 lower.
gabe72
Ultimate Member
So by possessing how would the ups hub here in hagerstown handle s shipment of firearms,they come into the hub and get handled by a person to off load them,go thru the conveyer system and then loaded to another truck by another employee,then driven thru the ststae by yet another employee or contractor, someone is going to be in possession of an contraband item,if you say md can't control interstate commerce then what about the person that drives thru the state and stops for fuel or food,is everyone now going to drive around the state of md? That should be a good sales tax killer,tourism killer and jobs killer when people start figuring this out years down the road.
fabsroman
Ultimate Member
How many UPS drivers do you see getting charged when they drop off a package for somebody at somebody's house and it happens to be full of drugs. Case in point, the Mayor of Berwyn Heights. Don't think the UPS driver was charged in that debacle. UPS has no reason to open and inspect every single package that is shipped by it.
As far as people driving around Maryland, etc., you are assuming that everybody that would normally drive through Maryland would be in possession of a banned firearm.
Notice that the law does not prevent somebody from selling a banned firearm to a resident in another state. Believe it has to be done through an FFL, but it can be done.
The entire interstate commerce argument would probably be a tenuous one, but one that can be argued I guess.
Personally, I would prefer for the federal government to preempt everything involving firearms and ammunition so all this 50 state stuff could be over and done with, but the states should have the right to govern themselves. We just live in a state that is completely screwed up.
Has there been an opinion released as to if an AR style rifle in any caliber other than .223/5.56 a banned configuration? A lot of manufacturers do not call their lower "AR 15". Bushmaster uses XM15, Eagle arms used EA15. Or is this one of the many question FSA13 left to be answered by court decisions? aero's lowers are X15.
If the rifle the OP asked about is not banned, then I assume his borrowing and bringing it to MD would be OK.
If the rifle the OP asked about is not banned, then I assume his borrowing and bringing it to MD would be OK.
MudPuppy
Active Member
- Jul 20, 2012
- 138
Wouldn't that class of misdemeanor revoke your RKBA in Maryland from that point forward? I seem to recall misdemeanors that could result in 2 or years or more, even if PBJ, would make you ineligible? Time to go read SB281 *again* I suppose.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,131
Holly Flashbacks Batman !
UPS is a Common Carrier. As long as a package (item) is in transit , it is not *possesed* by the employees , contractors , etc of the regulated Common Carrier.. Not that this is any way relevant to the OP's situation.
Meanwhile at OP's situation :
1. If he has a legal pre Oct1/13 host lower , then borrow the upper from Bro .
2. Exert your influence with your brother so that he builds his rifle in HBAR , or otherwise Md complient flavor In WV . Then bring it within Md borders as a legal rifle , and be sure to keep it in its legal configuration the whole time it is visiting you in Md.
(Shifting)
And yes it sucks , and will increasingly suck in future years to hold Shooting competions , or other shooting events in Md . There is presently no provision of out of state persons to bring Evil Rifles not possesed by them pre Oct1 to a match. There is legislation introduced to allow nonresidents to temporarily bring in Evil Rifles for competion , and other sporting purposes.
UPS is a Common Carrier. As long as a package (item) is in transit , it is not *possesed* by the employees , contractors , etc of the regulated Common Carrier.. Not that this is any way relevant to the OP's situation.
Meanwhile at OP's situation :
1. If he has a legal pre Oct1/13 host lower , then borrow the upper from Bro .
2. Exert your influence with your brother so that he builds his rifle in HBAR , or otherwise Md complient flavor In WV . Then bring it within Md borders as a legal rifle , and be sure to keep it in its legal configuration the whole time it is visiting you in Md.
(Shifting)
And yes it sucks , and will increasingly suck in future years to hold Shooting competions , or other shooting events in Md . There is presently no provision of out of state persons to bring Evil Rifles not possesed by them pre Oct1 to a match. There is legislation introduced to allow nonresidents to temporarily bring in Evil Rifles for competion , and other sporting purposes.
fabsroman
Ultimate Member
You can put lipstick on a pig, but it is still a pig.
There is also an AG opinion out there about copies. Essentially, it comes down to whether the workings of the rifle are similar or the same as the rifle that is banned. I don't know if merely changing the cartridge that the gun fires will be enough, but maybe somebody should ask the AG. The AG's opinion was that a .22lr that looked like an AR was not a copy merely because it was cosmetically similar. Thing is, I don't know what the internal workings of that .22lr look like.
- Dec 20, 2013
- 12,340
Not to hijack this thread, but I have a question that runs along similar lines: Yesterday, a friend and I took his AR-15 and AK-47 to the NRA range (it's in VA, for those who're unfamiliar) for a day of shooting. Then, he dropped the guns off at my place in MontCo and I cleaned them while he went to visit his mother nearby. My friend lives in VA and both (not that it matters in VA) were purchased long before the SB281 gun ban went into effect here. Was I breaking any laws simply by having the guns on my premises here in Maryland?
nope. not at all.
IANAL
IANAL
wilcam47
Ultimate Member
Easiest solution...move closer to your brother.
- Dec 20, 2013
- 12,340
Thanks for your input.
07g35xnick
Active Member
Easiest solution...move closer to your brother.
Trying lol
fabsroman
Ultimate Member
Did you possess the guns before October 1, 2013? If not, then you cannot possess them after October 1, 2013. If your friend had never left your premises, then I would say everything would be cut and dry because your friend was there. Once your friend left, you were in possession of a banned rifle that you had not possessed prior to October 1, 2013. In my opinion, you were in violation of the FSA 2013.
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