AR-15 HBAR transfer question

[beretta_maven]

I have an AR-15 (non-HBAR) that I purchased legally prior to 1 OCT 2013. I have an office buddy who would like to buy it, either with the barrel removed (just the lower) or I may actually purchase an HBAR barrel and install it for him and sell the entire rifle. I know if I sell him the lower only, we must go through an FFL or MSP and do a regulated transfer. However, if I convert the rifle to an HBAR, do we still have to formally transfer the rifle, or does it become cash-and-carry? NOTE: We are both MD residents, and my buddy has his HQL and recently passed a background check for a handgun purchase, so I know he can legally buy the gun.

 

[Lou45]

By you acquiring an HBAR barrel then removing the non HBAR and then installing the HBAR to make a sale, this action may/could be viewed as manufacturing which would/could be illegal as you're not an 07 FFL. IANAL and YMMV.

 

[JasonB]

Wouldn't it be easier and cheaper just to buy an HBAR from a shop? Seems like a lot of trouble to go through just so he can buy yours.

 

[NateIU10]

I see no issues with one MD citizen transferring legal ownership of an HBAR rifle to another MD resident. Not legal advice, just my opinion.

 

[plinkerton]

I see no issues with one MD citizen transferring legal ownership of an HBAR rifle to another MD resident. Not legal advice, just my opinion.

That was my first thought too, my second thought is that it is registered as a regulated firearm. Changing the barrel doesn't change the serial number.

I'm just thinking out loud, not disagreeing with you. You're the FFL and know better than me, but the law is ripe for turning good people into felons.

 

[NateIU10]

That was my first thought too, my second thought is that it is registered as a regulated firearm. Changing the barrel doesn't change the serial number.

I'm just thinking out loud, not disagreeing with you. You're the FFL and know better than me, but the law is ripe for turning good people into felons.

If I buy a lower today on a 77R, build it into an HBAR, am I still stuck forever owning it? I think not, but a lot of this is open to interpretation. I have personally sold HBAR rifles built off 77Red lowers of my personal collection.

 

[mopar92]

By you acquiring an HBAR barrel then removing the non HBAR and then installing the HBAR to make a sale, this action may/could be viewed as manufacturing which would/could be illegal as you're not an 07 FFL. IANAL and YMMV.

Doubt it. Considering the "firearm" per Federal law is the lower reciever no manufacturing pf a firearm has taken place. Otherwise people could be charged for violating the FSA 2013 by selling lightweight barreled uppers post 10/1.

 

[Rack&Roll]

No matter what unregulated parts are on it, you are in possession of a regulated Maryland firearm and are legally obligated to sell it thru a regulated transfer.

Even if you sell it via regulated transfer in MD it NEVER comes off the Database list of YOUR regulated firearms. Sad, but that's the reality.

As long as you own it in Maryland there is no process to de-regulate it inside MD. Moving with it to a free state like VA turns it into unregulated as long as you are a legitimate resident there.

 

[NateIU10]

No matter what unregulated parts are on it, you are in possession of a regulated firearm and are legally obligated to sell it thru a regulated transfer.

I disagree completely. Regulated firearm is a defined term. Either handguns or now assault long guns. If the firearm no longer meets the definition of regulated firearm, it is no longer regulated. If I put a 16" barrel and stock on a glock it's no longer a regulated firearm.

 

[BossmanPJ]

I personally would think that if a lower was bought as regulated that it should be sold as such. In our case it would hVe to be out of state. Before the ban lowers bought were the same as a handgun... You wouldn't sell a handgun that was regulated in your name would you? I wouldn't.

 

[BossmanPJ]

I disagree completely. Regulated firearm is a defined term. Either handguns or now assault long guns. If the firearm no longer meets the definition of regulated firearm, it is no longer regulated. If I put a 16" barrel and stock on a glock it's no longer a regulated firearm.

Respectfully I understand your thoughts on this. But I for one would not want to be the one in the spotlight as the test case for it.

 

[NateIU10]

Respectfully I understand your thoughts on this. But I for one would not want to be the one in the spotlight as the test case for it.

I understand that. I feel like this is one area of MD law that is actually very clear cut.

 

[Rack&Roll]

I disagree completely. Regulated firearm is a defined term. Either handguns or now assault long guns. If the firearm no longer meets the definition of regulated firearm, it is no longer regulated. If I put a 16" barrel and stock on a glock it's no longer a regulated firearm.

You've un-regulated a Maryland-Voluntary-Registration-listed firearm before?

 

[Rack&Roll]

To keep it apples to apples, let's stick to the scenario where a Maryland non-FFL transfers to another Maryland non-FFL.

I'm not talking about an FFL purchasing a regulated firearm and then having it become FFL inventory.

 

[NateIU10]

To keep it apples to apples, let's stick to the scenario where a Maryland non-FFL transfers to another Maryland non-FFL.

I'm not talking about an FFL purchasing a regulated firearm and then having it become FFL inventory.

I was. Regulated firearms are specific firearms and all defined terms. If it doesn't meet the definition of a regulated firearm it is no longer a regulated firearm. I was talking about lowers I purchased as regulated and sold FTF as HBARs.

 

[NateIU10]

You've un-regulated a Maryland-Voluntary-Registration-listed firearm before?

If you've ever built an HBAR on a 77Red lower, you have "unregulated" a firearm.

 

[Rack&Roll]

If I sell my handgun newly outfited with a stock and 16 inch barrel, I'm getting cuffed up and so is the buyer.

 

[NateIU10]

If I sell my handgun newly outfited with a stock and 16 inch barrel, I'm getting cuffed up and so is the buyer.

What is that based on?

 

[Rack&Roll]

Meaning if I sell it cash and carry as you would with a firearm that was manufactured and sold as an HBAR. Extended Stay Graybar Hotel.

 

[NateIU10]

Meaning if I sell it cash and carry as you would with a firearm that was manufactured and sold as an HBAR.

Right I understand the scenario. I was asking why you would end up in cuffs, and what you were basing that on.

I think we'll just have to agree to disagree on this stuff though.