Delegate Dumais working on bill to ban 80% firearms

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    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,845
    Bel Air
    So then what is a firearm in legalese. Any lawyer want to chime in?

    It's my understanding the serialized lower is the firearm so if you buy a serialized lower and file with form 1 then you can do what you will to it. You didn't build anything you bought a firearm and modified it legally.

    And registered a serial number with the Feds.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    So then what is a firearm in legalese. Any lawyer want to chime in?

    It's my understanding the serialized lower is the firearm so if you buy a serialized lower and file with form 1 then you can do what you will to it. You didn't build anything you bought a firearm and modified it legally.

    That would be my understanding also. You manufacture an SBR in that case, but you are not manufacturing the firearm. It was already a firearm.

    Turning an 80% in to a functional firearm IS manufacturing the firearm and that would be prohibited.

    It is an stupid as hell.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    Prior to 2013 or not, for 80%, isn't the issue. No serial number from a FFL is the issue.

    Sent from my SM-G965U using Tapatalk

    Yeah, that’s the issue. Under that law, you’d need to prove those 80%s were finished prior to 1968.

    Anything that doesn’t have a serial number on it from a federally licensed manufacturer or importer that was manufacturered after 1968 is BANNED. No grandfathering.

    I suspect your plastic 80% are pretty provable not 1968 or earlier. Even a milled aluminum 80% probably won’t take a whole lot to prove it didn’t pre-date 1968.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,974
    Fulton, MD
    Yeah, that’s the issue. Under that law, you’d need to prove those 80%s were finished prior to 1968.



    Anything that doesn’t have a serial number on it from a federally licensed manufacturer or importer that was manufacturered after 1968 is BANNED. No grandfathering.



    I suspect your plastic 80% are pretty provable not 1968 or earlier. Even a milled aluminum 80% probably won’t take a whole lot to prove it didn’t pre-date 1968.
    Please don't assign "your" to anything I may or may not own. Thank you for your cooperation.

    Sent from my SM-G965U using Tapatalk
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    I bought all my 80% lowers at gun shows as cash and carry. No receipts. I finished them prior to Oct 2013. Prove I didn't.

    Sent from my SM-G930V using Tapatalk
    Just kidding. Don't have any 80% thingies but I was smart enough to stock up on those Joebob Outfitter lower specials that he reserved for citizens of the Socialist Republuc of Maryland before SB 281 became law.

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    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    Anyone know what Maryland's requirements are for manufacturers for zoning and licensing?

    Just eyeing up that FFL06 manufacturer of ammunition other than destructive or AP ammo.

    I mean, FFL's business requirements seem light. I haven't delved deeply in to the manufacturer end of things. Just thinking, this law doesn't say that it has to be an FFL07 that serializes it, just a federal manufacturer or importer. If I was still just making the firearms for myself...an FFL07 shouldn't be needed to comply

    I'd be happy to make some ammo and sell it as a small side business.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,428
    Montgomery County
    Anyone know what Maryland's requirements are for manufacturers for zoning and licensing?

    Don't forget you're also up against local (municipal, county) zoning and permitting. I'm aware of at least one person waiting on FFL status that ain't happening until the county approves of the location in which business will happen.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    Aren't C&R holders licensed importers?

    Sent from my ZTE A2017U using Tapatalk

    Yes, but limited in scope. They can import C&R's for their personal collections "occasionally" (not defined) with an approved Form 6. But if you want to get to the technical semantics, yes, I think you could say they are a "licensed importer."
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,269
    Davidsonville
    This bill has a lot of co-sponsors.

    I don't think 80% need serial number if sold by an individual, only a manufacturer in the business - yes/no?

    Too expensive to become FFL07 which usually requires ITAR...

    Sent from my SM-G965U using Tapatalk

    Don't forget you're also up against local (municipal, county) zoning and permitting. I'm aware of at least one person waiting on FFL status that ain't happening until the county approves of the location in which business will happen.


    Curious about this, does the ATF ask the county? Actually, do not answer this. Fight Club rules should be followed. I believe this forum, at times, is democattle fodder for new bills.
     

    Malleovic

    Active Member
    Apr 21, 2017
    193
    Maryland
    any news on if this is making way thru or not ?

    It's up to the committee. To be perfectly honest I don't see this bill not making it through, not with the names that are sponsoring it.

    At the very least hopefully some of the most egregious parts of it will be modified in committee, since at this point they have the ability to amend it at their discretion I think.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Anyone know what Maryland's requirements are for manufacturers for zoning and licensing?

    Just eyeing up that FFL06 manufacturer of ammunition other than destructive or AP ammo.

    I mean, FFL's business requirements seem light. I haven't delved deeply in to the manufacturer end of things. Just thinking, this law doesn't say that it has to be an FFL07 that serializes it, just a federal manufacturer or importer. If I was still just making the firearms for myself...an FFL07 shouldn't be needed to comply

    I'd be happy to make some ammo and sell it as a small side business.

    The legal side of this is way more involved than most realize.

    Business licensing costs are not cheap, more if it's a Corp or LLC.

    You can't be a manufacturer in most MD counties unless you are zoned commercial. This means you need a storefront. Lots of operation cost/overhead there.

    Depending on the FFL, you will also need to register for ITAR compliance. That's $2250.00 per year. That is separate from the FFL fees.

    If the LGQL passes you will also have to get a MSP Regulated Firearms License. More fees.
     
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