MD AR Question (Sorry)

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,252
    Any complete HBAR rifle ( or other FSA compliant boomstick) , regardless of vintage , no waiting period .

    Any reciever ( ie no barrell ) AR-15 is waiting period , regardless of vintage . Rumors abound about certain LGS handling as a Rifle if the lower has a buttstock , but that is incorrect ( usually ) .

    A virgin reciever that has never had a Bbl attatched is neither a rifle nor pistol , regardless if totally stripped , or if it has a buttstock , or pistol tube , or whatever .
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Well, you can get a legally get preban lower if it comes with an HBAR ---

    lol... and one of my fav MD law oddities.. is a preban does not require a waiting period, while a post pan does -- would love to understand what logical path arrived at that conclusion

    #3 -- can a lower owned pre 13' be paired with a post 13' upper? Or does it have to be in its original configuration?

    And if so, What if your lower was purchased as a colt lower (pre-13) -- not a full rifle? I have a Colt lower produced in 1994 -- still not clear if it was pre/post 94 ban. Found in one book that it was pre and another that it was post.. but that is superfluous to this thought line

    I was talking about the waiting period ...

    If you buy a pre 2013 HBAR and have it sent to your FFL - there is no Waiting Period. But if it was produced after 2013, there is the 7 day waiting period.

    Which makes no sense to me...

    Right... I said you could get a lower with an HBAR... meaning a lower and upper together... a HBAR rifle. And if that HBAR rifle is pre 13' there is no waiting period. If that is not the case, Ive got two FFLs that have made serious boo-boos

    No, because if YOU received it after 9/30/13 is it is no longer pre-ban. Pre-ban only applies to the person who purchased it prior to the ban.

    An actual pre-ban lower can be paired with any upper, pre- or post-ban. The lower remains pre-ban.

    Wrong again, ANY HBAR rifle has no waiting period. It doesn't pre- or post- ban. They never did. Back in the early 90s, pencil barrel ARs had to wait, HBARs did not. Now days the only legal to transfer AR in MD is HBAR (or a non-copy, like piston ARs).

    Basically there are NO rifles that have a waiting period. Those what had a waiting period prior to 10/1/13 are banned from transfer in MD.

    Yes, you can get a lower with a waiting period by buying a rifle. That has always been the case. Because there are no longer any legal transfers of rifles that used to require a waiting period.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,385
    Timonium-Lutherville
    Which was one of the main points the liberals were going for with the laws.

    If you cant outright ban all firearms, make it as had to purchase them legally as possible.

    It was actually the NRA (I believe) that fought for and secured the provision to the ban to allow for AR15 Sporter models (HBAR) as an exemption.

    We have them to thank for the fact that we maintain any ability whatsoever to own this rifle platform. It still sucks, but it sucks a lot less than it could.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    It was actually the NRA (I believe) that fought for and secured the provision to the ban to allow for AR15 Sporter models (HBAR) as an exemption.

    We have them to thank for the fact that we maintain any ability whatsoever to own this rifle platform. It still sucks, but it sucks a lot less than it could.

    A lot of people put in a ton of time. FSA2103 was MUCH better than the original bill. It definitely sucks less.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,972
    #3 -- can a lower owned pre 13' be paired with a post 13' upper? Or does it have to be in its original configuration?

    And if so, What if your lower was purchased as a colt lower (pre-13) -- not a full rifle? I have a Colt lower produced in 1994 -- still not clear if it was pre/post 94 ban. Found in one book that it was pre and another that it was post.. but that is superfluous to this thought line

    It's not when it was made, but when it was acquired. In MD the MSP knows when you bought it; if you were living outside MD you'd need documentation to prove ownership pre-Oct 1 2013.

    I have Colt AR bought in 2012; the only thing I can't do is hang a pistol upper on it. I have pre-ban lowers; all were built into pistol config first, so they can go both ways.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I'm curious about this as well. I was under the impression that there is no way to legally acquire a pre ban lower. Is there an exception for inheriting one?

    A fully assembled, pre-ban rifle is non transferrable with the exception of inheritance and a few other listed exceptions.

    A lower, regardless of when it was made, can be transferred anytime. If it is transferred after Oct 1, 2013, it can only have a MD legal upper (HBAR for 5.56/.223) upper attached to it.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Well, you can get a legally get preban lower if it comes with an HBAR ---

    lol... and one of my fav MD law oddities.. is a preban does not require a waiting period, while a post pan does -- would love to understand what logical path arrived at that conclusion

    Post ban HBAR is and has always ben cash and carry, because it was determined to not be a copy of an enumerated regulated (at the time) firearm.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    #3 -- can a lower owned pre 13' be paired with a post 13' upper? Or does it have to be in its original configuration?

    And if so, What if your lower was purchased as a colt lower (pre-13) -- not a full rifle? I have a Colt lower produced in 1994 -- still not clear if it was pre/post 94 ban. Found in one book that it was pre and another that it was post.. but that is superfluous to this thought line

    Two different discussions.

    First, we are discussing the Maryland ban, not the federal ban, so you 1994 lower is considered Maryland pre-ban. If you owned your 1994 lower before Oct 1, 2013, you can put whatever upper on it you want. If you aquired it after Oct 1, 2013, you are limited to Maryland legal uppers (i.e. HBAR)
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    It was actually the NRA (I believe) that fought for and secured the provision to the ban to allow for AR15 Sporter models (HBAR) as an exemption.

    We have them to thank for the fact that we maintain any ability whatsoever to own this rifle platform. It still sucks, but it sucks a lot less than it could.

    The exemption carried over in 2013, from the original exemption made back in 1989, when the original regulated rifles list was mad. MSRPA is who we have to thank for that.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Thats right Doc. You sure did as well as many others and we very much appreciate it. :thumbsup::thumbsup::thumbsup:

    And somehow, some of us ended up getting shanghighed into do even more as officers of various 2A groups. Good times back then, we need to get back to that level.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    And somehow, some of us ended up getting shanghighed into do even more as officers of various 2A groups. Good times back then, we need to get back to that level.

    They were indeed good times. I made lifelong friends.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,385
    Timonium-Lutherville
    The exemption carried over in 2013, from the original exemption made back in 1989, when the original regulated rifles list was mad. MSRPA is who we have to thank for that.

    Thank you for clarifying. Certainly realize many on here had a lot to do with this, so no disrespect was intended by giving undue credit.
     

    RRomig

    Ultimate Member
    Industry Partner
    MDS Supporter
    Aug 30, 2021
    1,961
    Burtonsville MD
    Two different discussions.

    First, we are discussing the Maryland ban, not the federal ban, so you 1994 lower is considered Maryland pre-ban. If you owned your 1994 lower before Oct 1, 2013, you can put whatever upper on it you want. If you aquired it after Oct 1, 2013, you are limited to Maryland legal uppers (i.e. HBAR)
    Just for clarification for those just starting out. The HBAR only applies to 223/5.56.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    A fully assembled, pre-ban NON-HBAR rifle is non transferrable with the exception of inheritance and a few other listed exceptions.

    A lower, regardless of when it was made, can be transferred anytime. If it is transferred after Oct 1, 2013, it can only have a MD legal upper (HBAR for 5.56/.223) upper attached to it.

    Post ban HBAR is and has always ben cash and carry, because it was determined to not be a copy of an enumerated regulated (at the time) firearm.

    Minor point. Only a pre-ban NON-HBAR is illegal to transfer. In the original configuration. Change to HBAR barrel or upper, you can transfer it.

    Pre-ban HBAR was also cash and carry. Pre-ban non-HBAR was 77r and 7 day wait.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Minor point. Only a pre-ban NON-HBAR is illegal to transfer. In the original configuration. Change to HBAR barrel or upper, you can transfer it.

    Pre-ban HBAR was also cash and carry. Pre-ban non-HBAR was 77r and 7 day wait.

    In 5.56/.223 and DI.
     

    Users who are viewing this thread

    Forum statistics

    Threads
    275,562
    Messages
    7,286,555
    Members
    33,478
    Latest member
    JOELEWIS419

    Latest threads

    Top Bottom