AR "Rifle" For Sale...

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  • Dizzle

    Active Member
    Jan 27, 2018
    117
    I bought a complete lower some time ago and then bought a complete upper separate. The lower came with a stock and was complete. The upper is 18" and HBAR. Everything is legal but once you put the lower together with the upper you create a "Rifle" as far as I know so.... Can I sell this thing complete as a rifle if I put it together and sell it complete?
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,375
    Timonium-Lutherville
    Because the upper is an HBAR, you are good to go. It is classified as a long gun and therefore can be sold as is, cash and carry.

    If you want to be extra careful, make sure that the barrel is marked as an HBAR, of that you have the manufacturers product description that claims it to be an HBAR.
     

    grimnar15

    Ultimate Member
    MDS Supporter
    Jul 21, 2019
    1,645
    I bought a complete lower some time ago and then bought a complete upper separate. The lower came with a stock and was complete. The upper is 18" and HBAR. Everything is legal but once you put the lower together with the upper you create a "Rifle" as far as I know so.... Can I sell this thing complete as a rifle if I put it together and sell it complete?

    Depends on how you registered your lower. If registered as a rifle, then yes, you are good to. If you registered as other, then you you need transfer via FFL. Since it had a stock (not a brace), then I doubt it was registered as a pistol.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,724
    Depends on how you registered your lower. If registered as a rifle, then yes, you are good to. If you registered as other, then you you need transfer via FFL. Since it had a stock (not a brace), then I doubt it was registered as a pistol.

    No. Only if it was registered as a pistol. According to the ATF, really even then only if it was built as a pistol first. Of course you’d have no proof it wasn’t built as a pistol first, but the paperwork saying it was a pistol would be a little damning.

    A receiver/frame of a firearm, the serialized part SHOULD be transferred as “other” if it’s a virgin. Doesn’t matter if it is destined or designed as a pistol, like a Glock frame. Or even if it was a Remington 700 receiver. It doesn’t become a pistol or a rifle until the first time it has received all the hits that make it a gun.

    But once a pistol, it can always go back to being a pistol and thus must be transferred as a pistol. A pistol can become a rifle. And go back too.

    A rifle must always stay a rifle. It may never be a pistol. It can be a short barreled rifle if you’d like and don’t mind paying for a tax stamp.

    But if it was transferred to you as “other”, as it almost certainly was, you built it in to a rifle and thus it is now a rifle. It is no longer “other”. Therefor it may be transferred face-to-face to another Maryland resident if you choose, seeing as how that is (for now) legal in MD.
     

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