AR 15 Barrel requirements

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    I’m completely aware, hence my post. But it is now a ban on any semiautomatic rifle that is called a Bushmaster. It bans the AR-15 which wasn’t made by them when Md created the list and the ACR which wasn’t in existence in any form when the list was created.

    Those facts didn’t keep Sandy what’s his name from the former Valley gun, from taking a plea when he was charged for selling a bushmaster HBAR face to face.

    Sandy didn't take a plea for selling a Bushmaster HBAR face to face, back before MSP decided to ban the entire Bushmaster line. Sandy took a plea for selling firearms off the books based on an investigation by ATF when he consistently came up short on his paperwork in his bound book. The final audit that cost him his FFL showed he was short 470+ firearms.

    Sandy was actually the one that got MSP to verify, on letterhead, that the Bushmaster heavy barrel was indeed cash and carry end exempt from the then 7-day wait, based on being a copy of the Colt Sporter HBAR.

    No, MSP didn't overstep their administrative authority until after FSA2103 on the banning of the entire Bushmaster line.
     

    1time

    Ultimate Member
    Apr 26, 2009
    2,281
    Baltimore, Md
    Sandy didn't take a plea for selling a Bushmaster HBAR face to face, back before MSP decided to ban the entire Bushmaster line. Sandy took a plea for selling firearms off the books based on an investigation by ATF when he consistently came up short on his paperwork in his bound book. The final audit that cost him his FFL showed he was short 470+ firearms.

    Sandy was actually the one that got MSP to verify, on letterhead, that the Bushmaster heavy barrel was indeed cash and carry end exempt from the then 7-day wait, based on being a copy of the Colt Sporter HBAR.

    No, MSP didn't overstep their administrative authority until after FSA2103 on the banning of the entire Bushmaster line.


    Sandy wasn’t charged for the guns going off books. Sandy transferred everything into his personal name. He sold a bushmaster to a person that got into a shootout with the police. After they traced the rifle, he was charged.

    And he wasn’t charged by the atf or msp.
     

    calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,425
    Cuba on the Chesapeake
    It does none of us any good to pre-ban ourselves from building/owning any firearm or types of firearms not currently banned... based upon what MSP might/could do IF they change their minds.

    One could carry on endless debates about what “could be” ad nausium... ending in far more confusion than actual answers to the original question.

    The only current “Maryland Law” requirement for HBAR upper receivers... is specific to the AR15 rifles chambered in 5.56/.223, built by, purchased by, or otherwise transferred to a Maryland resident after 1 October 2013.

    If the OP wants to build their AR style rifle in any other caliber... WITH a non HBAR upper receiver... no current Maryland law prohibits them from doing so.


    Yes - thank you!
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Simple, how many other rifle calibers did COLT make an AR-15 in back in 1989, and what were they? 1989 was when the AR-15 was put on the list, when the first part of the list was created.

    OTOH, how many calibers has the Mini14 EVER been made in? And the Mini14 ban states .223 caliber.

    A Mini30 is not a Mini14. :)
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I think MSP would have a hard time arresting someone when their own website says it is legal.

    That might be a factor in your defense.

    But what happens if they change their website?

    Look at BATFE and braces. Interpretations change.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    I think MSP would have a hard time arresting someone when their own website says it is legal.

    Not at all, since the website for what rifles/shotguns are legal, carries absolutely no force of law. MSP provides that website as a guide, it was not created by statute, unlike the handgun roster, which was created by state statute.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    That might be a factor in your defense.

    But what happens if they change their website?

    Look at BATFE and braces. Interpretations change.

    Escpaecially in light if fact that there is no requirement in state statute for MSP to create such a website, nor maintain one, unlike the handgun roster.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,849
    Bel Air
    Escpaecially in light if fact that there is no requirement in state statute for MSP to create such a website, nor maintain one, unlike the handgun roster.

    Hmmmm....maybe there should be.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,269
    Harford County
    Hmmmm....maybe there should be.

    There should be a requirement that any new proposed law is able to be summarized in 2 paragraphs or less on a 4th grade reading level. That summary must be made available to every voting age citizen 1 full year before it can be voted on. The summary must also include the name and contact info for every delegate or senator sponsoring the bill.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    That might be a factor in your defense.

    But what happens if they change their website?

    Look at BATFE and braces. Interpretations change.

    Do you have a single example where someone was successfully prosecuted after they changed their interpretation? The most I have seen is that they required the dealer to contact customers and ask them to send the guns back.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    Not at all, since the website for what rifles/shotguns are legal, carries absolutely no force of law. MSP provides that website as a guide, it was not created by statute, unlike the handgun roster, which was created by state statute.

    Name one example where someone has followed official MSP or ATF issued letters of opinion regarding a gun law and then prosecuted someone for following them. Just name one.

    I can name you many examples where the ATF changed their mind of whether something was a machine gun or a destructive device, and they didn't prosecute any of the thousands of people who bought the gun, nor the manufacturers.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So you are OK with having your firearm have to be returned?

    No, they will not prosecute you if they change the interpretation, unless you don't return it.

    But still a hassle.

    Do what you want to do. But I make all my post FSA2013 AR as heavy barrel. No matter the caliber.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    So you are OK with having your firearm have to be returned?

    No, they will not prosecute you if they change the interpretation, unless you don't return it.

    But still a hassle.

    Do what you want to do. But I make all my post FSA2013 AR as heavy barrel. No matter the caliber.

    Fair, and I agree. I thought you were suggesting there was a risk of arrest.
     

    1time

    Ultimate Member
    Apr 26, 2009
    2,281
    Baltimore, Md
    Name one example where someone has followed official MSP or ATF issued letters of opinion regarding a gun law and then prosecuted someone for following them. Just name one.

    I can name you many examples where the ATF changed their mind of whether something was a machine gun or a destructive device, and they didn't prosecute any of the thousands of people who bought the gun, nor the manufacturers.


    Sanford abrams, who allegedly got the letterhead from MSP for the bushmaster HBAR was charged with an illegal transfer, among other things by Baltimore County Police. He took a plea in court for selling a restricted weapon (the Bushmaster). It has been expunged in md judiciary but the sun paper article is still online.

    He was a NRA board member and long time gun shop owner. I doubt his attorney was junk and they didn’t think they could win at trial.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    Sanford abrams, who allegedly got the letterhead from MSP for the bushmaster HBAR was charged with an illegal transfer, among other things by Baltimore County Police. He took a plea in court for selling a restricted weapon (the Bushmaster). It has been expunged in md judiciary but the sun paper article is still online.

    He was a NRA board member and long time gun shop owner. I doubt his attorney was junk and they didn’t think they could win at trial.

    I don’t know anything about the specifics but as far as I’m aware MSP has said Bushmaster AR15s HBARs are banned. If you have any proof to the contrary I’m open to seeing it.
     

    1time

    Ultimate Member
    Apr 26, 2009
    2,281
    Baltimore, Md
    I don’t know anything about the specifics but as far as I’m aware MSP has said Bushmaster AR15s HBARs are banned. If you have any proof to the contrary I’m open to seeing it.


    That has been since the 2013 crap. They were sold as cash and carry straight through the Clinton Crime ban all the way until the 2013 Maryland Ban. Abrams was charged in ‘06 or ‘08.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    Sanford abrams, who allegedly got the letterhead from MSP for the bushmaster HBAR was charged with an illegal transfer, among other things by Baltimore County Police. He took a plea in court for selling a restricted weapon (the Bushmaster). It has been expunged in md judiciary but the sun paper article is still online.

    He was a NRA board member and long time gun shop owner. I doubt his attorney was junk and they didn’t think they could win at trial.

    Nothing "alleged" about it, I have a copy of the letter from MSP, that I got from the Gun Rack in Burtonsville when I purchased my Bushmaster Heavy Barrel from them back in 1995.


    I'll dig it up and post it.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    I don’t know anything about the specifics but as far as I’m aware MSP has said Bushmaster AR15s HBARs are banned. If you have any proof to the contrary I’m open to seeing it.

    Up until Oct 1, 2013 anything and everything made by Bushmaster was legal for sale in Maryland. MSP overstepped their administrative authority when they banned everything Bushmaster based on a bogus interpretation of the law. The "Bushmaster Carbine" listed in state statute is neither manufactured by Bushmaster, not is it an AR-15 or copy of one.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,311
    Sandy at the time was an officer of the MLFDA , so there also may have been an element of payback , for their Gun Rights activities .
     

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