Homebuilt questions need answer

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  • hamrad

    Member
    Dec 19, 2012
    22
    I have been out of the loop so to say and need a couple questions answered. Back in 2010 I built an 80% AR15. Nothing special just a typical AR15 M4 carbine with a 16 inch barrel. Also around the same time I built an AR15 style 7.62 x 39 rifle. I have these stored at my sons house who lives in WV. He has a place to shoot and they have been stored there since he moved there around 2019. He is getting ready to move out of WV and I will be bring them home to MD in the near future.

    I have searched for answers here and get more confused the more I search. So my questions are:

    If I want to be legal what do I have to do to get them back into Md.?

    If I wanted to buy new lower units could I just swap out the 80% lowers with new lowers and be good? Could be considered a repair. Had to replace broken lower unit??

    Is there a chance the law could be reversed in the next 6 months to a year? I would be tempted to wait it out if so.

    Luckily I live in far western Md. and at least our area isn't as liberal as most of the rest of Md.

    I don't see how they could make a law that turns a law abiding citizen into a criminal with no action on the citizens part. I could see how they could do something like this going forward ( although it is an infringement) but not to grandfather in guns built before the law goes into affect seems very deceptive. Not only that this is an infringement on my rights.

    I plan on moving out of Md. in about 3 years. The leadership in this state goes against my desires and my vote is not enough to change things.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,654
    That stuff is grandfathered. Except maybe the 80%. If it has a current MD legal upper on it, then you should be good to go. There is a serialization requirement and MD is probably going to treat it as brand new and not pre-dating 2013 (or not, they might treat it as pre-2013). Contacting MSP is maybe the best bet, even though I am loath to say that. I've got no idea on what legal or regulatory hurdles there are on "bringing in" a privately manufactured firearm that is not yet serialized. AFAIK, all PMFs were supposed to be serialized by now under the current MD law.

    The 7.62x39 AR should be good to go. No restrictions on that.

    No, buying a new lower would not be a repair and would not convey any pre-2013 status on the gun. There is a very specific procedure and regulatory steps to take for the serialized part to be replaced and be considered a repair (and your lower isn't even serialized right now I assume). ATF has that information on their website and AFAIK, can only be done by an FFL-07.
     

    hamrad

    Member
    Dec 19, 2012
    22
    Both of these have finished 80% lowers with no serial numbers.

    Both were out of the state of Md. since about 2019 at my sons house.

    Need to bring back into Md. in a few months. That's my dilemma. What is the easiest way to accomplish this?
     

    lennyk

    Active Member
    Jan 11, 2013
    362
    Woodbine
    I am afraid they need to stay (the lowers) out of Maryland. They are past the window that we had to serialize them. AFAIK, you cannot have a homebuilt without a serial number in Maryland at this time.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    12,975
    I am afraid they need to stay (the lowers) out of Maryland. They are past the window that we had to serialize them. AFAIK, you cannot have a homebuilt without a serial number in Maryland at this time.
    Since they are in WV, he could find a WV FFL that would serialize them to the MD standard, and then bring them to MD.
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,035
    Howeird County
    Since they are in WV, he could find a WV FFL that would serialize them to the MD standard, and then bring them to MD.

    that could work unless the AR in .223 doesn't have a heavy barrel. IANAL but it gets into a gray area. technically he built it before 2013, but the serializing might make it count as a new lower.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    12,975
    that could work unless the AR in .223 doesn't have a heavy barrel. IANAL but it gets into a gray area. technically he built it before 2013, but the serializing might make it count as a new lower.
    It will absolutely make the lower a post 2013 lower, in which case he has to put a heavy barreled upper on it to bring it back to MD.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,068
    Outside the Gates
    Apply for an ATF serial number as if the 80% was being sold and have it serialized in WV. Bring it in with a heavy barrel upper and it's good in MD.
     
    Last edited:

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,203
    DE
    It will absolutely make the lower a post 2013 lower, in which case he has to put a heavy barreled upper on it to bring it back to MD.
    So the lower would have 2 birthdays? This is getting into BGOS territory.
     

    lennyk

    Active Member
    Jan 11, 2013
    362
    Woodbine
    Nope, once you serialize it, it has one, the date it was serialized.
    But the firearm (per OP) was already made, now with a State mandated number (assuming he gets one). So they (the State) themselves assign the birthday? So all completed pre 2013 80's that are now recently serialized now have become post 2013 firearms?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    12,975
    But the firearm (per OP) was already made, now with a State mandated number (assuming he gets one). So they (the State) themselves assign the birthday? So all completed pre 2013 80's that are now recently serialized now have become post 2013 firearms?
    If they were serialized after Oct 1, 2013, yes. This has been discussed ad nauseum in the previous threads dealing with this issue.
     

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