Legality of selling an AR

[ObsceneJesster]

So what’s the legality on selling an air with a heavy weight barrel

 

[teratos]

If it is a heavy profile barrel, you sell it like any long gun. Transfer through an FFL

 

[PEEJAY]

like this kinda air? perri-air???

sorry, Teratos gave a better answer

 

[Bob A]

So what’s the legality on selling an air with a heavy weight barrel

Legal long gun transfers in MD can be accomplished without involving an FFL01, if both parties hold a C&R(FFL03) license.

 

[Hibs]

Legal long gun transfers in MD can be accomplished without involving an FFL01, if both parties hold a C&R(FFL03) license.

Really? Hmm can you provide a reference for this?

 

[Bob A]

Really? Hmm can you provide a reference for this?

No, but you can look it up.

 

[Bob A]

Actually, I figured you wouldn't bother looking it up, so to my great annoyance, I did it for you:

https://mgaleg.maryland.gov/2020RS/bills/sb/sb0208T.pdf

 

[SRice]

Legal long gun transfers in MD can be accomplished without involving an FFL01, if both parties hold a C&R(FFL03) license.

Only for C&R eligible items, which doesn't apply to what the OP is asking. A FFL03 is not a dealer license. It is a collector license.

 

[Bob A]

Only for C&R eligible items, which doesn't apply to what the OP is asking. A FFL03 is not a dealer license. It is a collector license.

The bill itself defines the "Dealer's License" as an FFL. It does not differentiate. Read it in its entirety.

 

[dist1646]

Lines 20 - 23. Curio or relic between holders of a curio and relic license.

 

[Allen65]

Lines 20 - 23. Curio or relic between holders of a curio and relic license.

The bill itself defines the "Dealer's License" as an FFL. It does not differentiate. Read it in its entirety.

It's a very poorly written law. It:

- Includes FFL03 holders in the definition of "Dealer", and

- Proceeds to exclude anyone who fits within the definition of "Dealer" from anything that follows in the statute, then, following in the statute

-Carves out FFL03 to FFL03 transfers of C&R guns as exempt from the need to transfer through a dealer

How does the concept of statutory construction apply to that hot mess? Of course, nobody wants to be the test case.

 

[Bob A]

The concept of lenity implies that an ambiguous law must be construed by the court to favor the defendant.

The definition of dealer does not distinguish between types of licensure. Therefore it appears that ffl 03 is a dealer under that situation.

 

[teratos]

The definition of dealer does not distinguish between types of licensure. Therefore it appears that ffl 03 is a dealer under that situation.

I self-identify as a gender-neutral FFL07

 

[Bob A]

Damn autocorrect.

Lenity not plenty. Cell phones sock.

 

[Blacksmith101]

It also appears that the Dealers need to conduct a NICS check on each other?

Another example of Maryland General Assembly written laws that make no sense. Maybe we should elect lawyers to write the laws.........NEVER MIND!

 

[dblas]

Legal long gun transfers in MD can be accomplished without involving an FFL01, if both parties hold a C&R(FFL03) license.

Only if it is a C&R firearm between two FFL03s per 5-204.1(a)(1)(iv)
An FFL03 is not able to complete the NICS background check required in 5-204.1(c)(2)(ii)

 

[RRomig]

I self-identify as a gender-neutral FFL07 poly SOT

 

[Art3]

Only if it is a C&R firearm between two FFL03s per 5-204.1(a)(1)(iv)
An FFL03 is not able to complete the NICS background check required in 5-204.1(c)(2)(ii)

I figured it would be a little weird to put an AR into my bound book...although I guess some of the earliest models are over 50 now.

What about an AR that started out as a stripped "other" lower? If it has a proper Hbar on it now, is it a NICS only long gun? Or, if it had been made into a pistol (or perhaps even just had the potential to be made into a pistol), would it require 77r?

Just speculating/making conversation

 

[dblas]

I figured it would be a little weird to put an AR into my bound book...although I guess some of the earliest models are over 50 now.

What about an AR that started out as a stripped "other" lower? If it has a proper Hbar on it now, is it a NICS only long gun? Or, if it had been made into a pistol (or perhaps even just had the potential to be made into a pistol), would it require 77r?

Just speculating/making conversation

A rifle is a rifle, if it has an HBAR/heavy barrel upper on it, then it gets treated just like every other legal to transfer rifle in Maryland.