Colt SP1 C&R exempt from HBAR law?

[Sundazes]

Title says it all. Will a 1975 Colt SP1 AR be exempt from the HBAR reg, once it hits 50 years old and becomes a C&R?

 

[jr88]

Great question, butI'll bet because C&R is federal and HBAR is Md. Law then no.

 

[E.Shell]

Great question, butI'll bet because C&R is federal and HBAR is Md. Law then no.

I'd agree. Nothing in MD law exempts C&Rs from this stupidity.

 

[DutchV]

Has anyone ever been prosecuted for having a non-HBAR rifle? Does anyone in law enforcement care, or even know what they're looking at?

 

[shiza]

Has anyone ever been prosecuted for having a non-HBAR rifle? Does anyone in law enforcement care, or even know what they're looking at?

I'd assume it's one of those things that no one would ever notice or care until the rifle is used in an unlawful way. Then it's just another charge they can slap you with.

 

[jr88]

Has anyone ever been prosecuted for having a non-HBAR rifle? Does anyone in law enforcement care, or even know what they're looking at?

Don't know the answer to the first question. I would say "no" to both parts of second question. Please, don't get me started about lawyers and stupid Md. Laws though

 

[jr88]

I'd assume it's one of those things that no one would ever notice or care until the rifle is used in an unlawful way. Then it's just another charge they can slap you with.

Absolutely, but think of how many times you have seen a crime in Md. committed with an illegal AR, then think about how much it impedes honest law abiding people from owning one. (True intent)

 

[HiStandards]

I'd assume it's one of those things that no one would ever notice or care until the rifle is used in an unlawful way. Then it's just another charge they can slap you with.

Even if the use may not be unlawful, they can try to get you on a possession technicality.

 

[Sundazes]

Even if the use may not be unlawful, they can try to get you on a possession technicality.

Unless it was owned prior to 2013.

Could it be sold as separate parts? Meaning transfer the lower and sell the upper in a different transaction?

 

[shiza]

Unless it was owned prior to 2013.

Could it be sold as separate parts? Meaning transfer the lower and sell the upper in a different transaction?

I think if you transfer a pre-2013 lower it's no longer considered pre-2013. The transfer had to occur before Oct. 2013

 

[Sundazes]

I think if you transfer a pre-2013 lower it's no longer considered pre-2013. The transfer had to occur before Oct. 2013

Yes, I know. Hence the question about separating the upper and lower

 

[Biggfoot44]

I'd agree. Nothing in MD law exempts C&Rs from this stupidity.

In 2013 our side floated adding a C&R exemption, but it didn't fly .

 

[Biggfoot44]

Yes, I know. Hence the question about separating the upper and lower

Yes you could . But ( at least I'm not seeing) any advantage to doing so .

 

[dblas]

Title says it all. Will a 1975 Colt SP1 AR be exempt from the HBAR reg, once it hits 50 years old and becomes a C&R?

There is no exemption for long guns that are C&R, from Maryland State Statute. We tried, it got added, it got removed.

 

[dblas]

Unless it was owned prior to 2013.

If it is owned prior to Oct 1, 2013, then it is grandfathered, but cannot be transferred in state with the exception of inheritance on your death.

Could it be sold as separate parts? Meaning transfer the lower and sell the upper in a different transaction?

Yes, it can be sold as separate parts, but all current laws would apply with regards to what upper could be attached to the lower, so HBAR only for the upper for any 5.56/.223, any other caliber, it doesn't matter.

 

[dblas]

I think if you transfer a pre-2013 lower it's no longer considered pre-2013. The transfer had to occur before Oct. 2013

A pre Oct 1, 2013 lower can be transferred at any time, the issue is, all current laws now apply.

What does that mean?
For a 5.56/.223 upper, it can only be HBAR/Heavy barrel, for any other caliber, it doesn't matter.

 

[dblas]

Yes you could . But ( at least I'm not seeing) any advantage to doing so .

Other than the owner being able to sell a rifle, none.

 

[Biggfoot44]

Well there is that .

But what with original SP-1 going for Collector Prices , I had gone into auto pilot thinking a PA or VA gun show, or a larger forum with nationwide membership to reach the targeted potential buyers .

 

[dblas]

Well there is that .

But what with original SP-1 going for Collector Prices , I had gone into auto pilot thinking a PA or VA gun show, or a larger forum with nationwide membership to reach the targeted potential buyers .

Yep, the parts will never equal the whole.

 

[Sundazes]

What are they going for? It’s a shooter but I great condition. I believe I have the original manual and box.