New guy with question

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  • unclsu

    Member
    Jun 8, 2020
    11
    I purchased a Bushmaster lower receiver back in 2012 via private party sale. I have not done much with it but I am looking to purchase an upper etc etc..

    I understand the laws changed in 2013 so i have a few questions?

    1. Do I need to register the lower since I purchased in 2012, and what proof do I need to possess to show this? It was a PP sale.

    2. Are Bustmasters banned in MD?

    3. I understand I need to have 16" & HBAR for the upper. Any MD suggestions.

    Thanks Newbee
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    Oh, I’m first to answer this. I’m not too worried about being wrong, because I’ll get corrected.

    1 - You don’t have to register this.

    2 - I don’t know, but if so, question number one doesn’t matter anymore.

    3 - HBAR, yes.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    If the lower was purchased before October 1, 2013 you can put any barrel profile you want on it. The lower is legal, and no further action on your part is necessary.
     

    unclsu

    Member
    Jun 8, 2020
    11
    Thanks!. Do I need any type of receipt regarding the purchase in 2012. I still know the guy and can make up a receipt, ha I say that I guess anyone could do the same.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    Thanks!. Do I need any type of receipt regarding the purchase in 2012. I still know the guy and can make up a receipt, ha I say that I guess anyone could do the same.

    It’s better, but the burden of proof would be on the State to prove you got the lower after 10/01/2013
     

    Smokescreen

    Knight who say Ni
    Feb 9, 2012
    166
    Frederick, MD
    IANAL and the below is based on my understanding of Maryland's backward a$$ laws.

    I assume that when you did the private sale you either went into FFL or the MD State Police to submit the proper 77r and 4473 and received your "Not Disapproved" response.

    If this is true then:
    1. it was already registered when you did the 77r. You should have your Pink copy as proof or ownership and registration.
    2. Bushmaster is banned by name in Maryland but at the time of transfer it was only regulated so the transfer could occur.
    3. If the transfer occurred before October 1, 2013 then you can put any profile 16" barrel or longer on it. If you want to go shorter that 16" you will need a tax stamp.

    If my assumption was not correct, you may need to speak with a lawyer to discuss your options but I would think the first step is you will need to sell the lower out of state as you are in illegal possession of a firearm in the state of Maryland.
     

    OLM-Medic

    Banned
    BANNED!!!
    May 5, 2010
    6,588
    I'm missing some info here but see two options

    1) you did a face to face cash transfer for a lower. I'm pretty sure this isn't legal in Maryland because lowers by themselveswere always sold as regulated, but I could be wrong about this as I have lived out of state for the last several years until recently.

    2) you did do a official FFL/MSP transfer, and you are good to go.

    if # 1 is correct and I am correct about the legality, what you MEANT to say is that you bought a Bushmaster HBAR complete AR-15, sold the upper, and replaced it with a lightweight barrel, then sold that too. and you should be good to go with getting a new upper either way since it was all pre 2013.

    I am not a lawyer though and I'm sure someone else who has followed MD law recently can comment.
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    IANAL and the below is based on my understanding of Maryland's backward a$$ laws.

    I assume that when you did the private sale you either went into FFL or the MD State Police to submit the proper 77r and 4473 and received your "Not Disapproved" response.

    If this is true then:
    1. it was already registered when you did the 77r. You should have your Pink copy as proof or ownership and registration.

    If don't face to face without FFL, or State Police it would be any illegal sale.

    I'm missing some info here but see two options

    1) you did a face to face cash transfer for a lower. I'm pretty sure this isn't legal in Maryland because lowers by themselveswere always sold as regulated, but I could be wrong about this as I have lived out of state for the last several years until recently.

    You are not wrong. I am sure about that. Not a lawyer, either, but it's just not legal.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,260
    Harford County
    Man you folks have some seriously screwed up gun laws locally. That's terrible.
    You can say that again. And every year they dream up new and dumber crap to try and ram through on us. Only laws they don't seem interested in passing are the ones that go after the violent criminals we seem to have so many of.
     

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