MSP advisory on AR pistols with braces

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  • alucard0822

    For great Justice
    Oct 29, 2007
    17,703
    PA
    basically says if it was sold in MD as a handgun, MSP still considers it a handgun.


    blah blah blah, ATF says something else.

    I would take it to mean the most gutless wink and nod possible, but still the MSP won't be treating braced pistols as SBRs.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,963
    I'm afraid to ask; which border?
    Yeah, that's the thing. We're running out of places to run to, though there's no shortage of places to run out of.

    Maryland is not the hill I'd like to die on, though.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,905
    Winfield/Taylorsville in Carroll
    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    I think this is it right here. Seems like MSP is taking a position that the Maryland interpretation of law pertaining to these firearms remains the same, but advising that people follow ATF regulations so they do not find themselves in trouble with the ATF.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    MSP says it’s both. Don’t ask why. It’s MD

    It’s both a handgun and a center fire rifle subject to copycat restrictions
    MSP does not make laws, the legislature does. The legislature has decided that different sections of the law should have different definitions. This means that there are multiple definitions of what a handgun and rifle mean. An SBR is a handgun for certain sections and a rifle for other sections. Under current law a new SBR cannot be a "copycat weapon" as they are currently banned. This new advisory does not address how the new brace ruling affects this issue.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    The advisory says nothing about "copycat weapons" (where the 29 in requirement comes from). It is unclear how they might interpret this requirement, although it is likely that they will interpret it the same as the ATF (and require that it not meet the "copycat weapon" definition, ie 29 in min).
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,963
    The advisory says nothing about "copycat weapons" (where the 29 in requirement comes from). It is unclear how they might interpret this requirement, although it is likely that they will interpret it the same as the ATF (and require that it not meet the "copycat weapon" definition, ie 29 in min).
    Insofar as the 29" rule was created by the MSP, and the MSP takes its direction from the legislative and executive branches of MD govt, my belief is that MSP will follow the path of maximum infringement.

    Why would they change the direction they've always followed?
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    This, exactly. I could go out and buy a Rattler pistol, form 1 it, and then use a brace inside of MD to stay legal. I'm not sure how I feel about it, but it opens some interesting possibilities.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,257
    Davidsonville
    Its a Trap!

    Or they put this out hoping ATF will throw them a bone in order to comply.
    This release is very unusual for MD.


    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    I'm curious about the many who built rather than bought.
     

    Mike1690

    Member
    Jan 28, 2016
    93
    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    I think they are as well. Has anyone submitted a form 1 for a braced pistol yet?
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,029
    I think they are throwing us a bone. If you bought a pistol (like an MP5 clone) and put a brace on it, it would still be considered a pistol by MSP. Meaning it doesn't have to be 29 inches.
    I'm thinking this is a mistake(below) ...
    Short-Barreled Rifle (SBR) (CR 4-201(f) “Short–barreled rifle” means: (1) a rifle that has one or more
    barrels less than 16 inches long; or (2) a weapon that has an overall length of less than 26 inches and
    that was made from a rifle, whether by alteration, modification, or otherwise.)
     
    Last edited:

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,485
    Westminster USA
    MSP does not make laws, the legislature does. The legislature has decided that different sections of the law should have different definitions. This means that there are multiple definitions of what a handgun and rifle mean. An SBR is a handgun for certain sections and a rifle for other sections. Under current law a new SBR cannot be a "copycat weapon" as they are currently banned. This new advisory does not address how the new brace ruling affects this issue.
    And as I mentioned MSP issued the advisory based on the legal opinion from AAG Bowen.

    But feel free to split hairs on its origin.

    I don’t GAF
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,485
    Westminster USA
    I think they are as well. Has anyone submitted a form 1 for a braced pistol yet?
    If you do and it’s less than 29 inches it will be rejected IMO

    ATF will not paper an SBR of less than 29 inches because if it is, it meets the definition of copycat and is therefore banned
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,485
    Westminster USA
    ATF stopped approving SBR’s < 29 inches when copycat weapons were defined in FSA 2013

    By MD ‘s own definition it’s a copycat no matter what MSP says

    Of course BATFE never changes definitions
     

    Tower43

    USMC - 0311
    Jul 6, 2010
    4,043
    Lusby, MD
    what pistol brace?

    Also, IMO, that "amnesty" form 1... is a trap to get you to violate your 5th as they cannot reasonably approve in 45 days; so therefore you're admitting possession of an illegal firearm.....
     

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