nfa items after oct1

[jpo183]

I was talking to an unnamed FFL and he mentioned NFA items will still be able to be gotten after Oct 1. A.K.A. SBR ARs

Thoughts?

 

[crfakm4]

Thoughts? I think that is a good thing.

 

[jpo183]

Can anyone confirm the accuracy? His reasoning was NFA items followed a different guideline.

 

[teratos]

It seems to me that is the case.

 

[aireyc]

By the time you'd actually take possession of the SBR, MOM will have had enough time to ban them with a new law that will take effect Oct 2014.

 

[rob-cubed]

NFA purchases require a tax stamp and go through BATFE scrutiny at the Federal level. So SBRs, AOWs, and FAs are exempt from the local ban since MD has no authority to intervene as the point of contact.

So yes, you can still buy a genuine and much more lethal "assault rifle" here in MD post-Oct 1... but a sporting variation good for hunting or match use is now banned. Silly, ain't it?

 

[jpo183]

So essentially the cost went up $200 to get items after Oct 1

 

[Inigoes]

So essentially the cost went up $200 to get items after Oct 1

The toys are sooo much cooler though

 

[Kingjamez]

NFA purchases require a tax stamp and go through BATFE scrutiny at the Federal level. So SBRs, AOWs, and FAs are exempt from the local ban since MD has no authority to intervene as the point of contact.

So yes, you can still buy a genuine and much more lethal "assault rifle" here in MD post-Oct 1... but a sporting variation good for hunting or match use is now banned. Silly, ain't it?

I appreciate the idea, but who the point of contact is doesn't mean anything in regard to what is legal in the state. MD could flat out ban machine guns in law and you wouldn't be able to get one.

That said, SB281 doesn't specifically call out NFA items. Things like suppressors, machine guns, and short barrel shotguns are certainly unaffected.

However, there is conflicting language about SBR's, I think a legal argument could be made that new SBR's don't count as an "Assault LONG gun" since Md defines any rifle with a barrel under 16" a handgun. However, a good argument can also be made by saying that if said SBR's are handguns, they've got to be on the roster. That's not currently how it works as FFL's call them rifles on the paperwork. Now, suddenly we are going to call them handguns because that fits what we want?

So, I don't know and it's certainly not clear cut. We'll have to see how it falls out through some test cases or an AG letter.

-Jim

 

[tall.guy88]

The critics are correct when they say gun bans dont work.

 

[dblas]

I appreciate the idea, but who the point of contact is doesn't mean anything in regard to what is legal in the state. MD could flat out ban machine guns in law and you wouldn't be able to get one.

That said, SB281 doesn't specifically call out NFA items. Things like suppressors, machine guns, and short barrel shotguns are certainly unaffected.

However, there is conflicting language about SBR's, I think a legal argument could be made that new SBR's don't count as an "Assault LONG gun" since Md defines any rifle with a barrel under 16" a handgun. However, a good argument can also be made by saying that if said SBR's are handguns, they've got to be on the roster. That's not currently how it works as FFL's call them rifles on the paperwork. Now, suddenly we are going to call them handguns because that fits what we want?

So, I don't know and it's certainly not clear cut. We'll have to see how it falls out through some test cases or an AG letter.

-Jim

SBRs are classified as handguns per MSP.

Somewhere here on the forums is a memo that states such, I just can't find it at the moment.

 

[Inigoes]

SBRs are classified as handguns per MSP.

Somewhere here on the forums is a memo that states such, I just can't find it at the moment.

That would be the definitions in 4-203 that deals with handgun transportation.

 

[dblas]

That would be the definitions in 4-203 that deals with handgun transportation.

Thanks for the assist.

 

[iH8DemLibz]

I keep wondering why ObamaCare and SB 281 take affect on the same day.

Coincidence?

Fiscal Year?

Mental Health?

Black Helicopters?

Tin Foil Hats?

How long is the NFA wait for SBR's now? I heard over a year. Is that correct?

 

[dblas]

I keep wondering why ObamaCare and SB 281 take affect on the same day.

Coincidence?

Fiscal Year?

Mental Health?

Black Helicopters?

Tin Foil Hats?

Coincidence, nothing more.

How long is the NFA wait for SBR's now? I heard over a year. Is that correct?

6 Months or so.

 

[teratos]

6 Months or so.

I'm getting close to 7 months on a stamp I am waiting for.....

 

[Pwilliams1]

It just took 9 months door to door for me. The time just to go pending has been trending way up. A year wouldn't surprise me.

 

[Biggfoot44]

Indivual states can and do ban or have additional regulations regarding various NFA items.

Md has multiple definitions , all slightly different, of "handguns" in various statutes for different contexts . Ie general definitions , transporting , wear & carry , using to commit felony or crime of violence , and probably more I'm not thinking of right now.

*most* NFA items would have minimal direct effect from SB281 . However there are a couple areas that are not clear , and *could* become at issue :

SBRs generally w/ two features.

SBRs with OAL less than 29in , but more than 26in.

SBR/ AOW that is also less than 26in OAL , and utilizes an action type otherwise totally banned , probably has good chance of remaining OK .BUT will a Md based 007/SOT be able to bring in a reciever to build one ? Make a reciever in their Md located facility to be used to mfg an NFA item ? Or will they have to be mfg into their final SBR/AOW form out of state , and only the finished product brought into Md as a Form 4 item ?

I know the Legislative Intent was for NFA items to be left to the current Federal process , but we'll have to see implementing Regulations and training guidelines ( not yet anounced , and probably not written ) .

 

[rico903]

So essentially the cost went up $200 to get items after Oct 1

They've always needed a $200 tax stamp.

 

[Kingjamez]

SBRs are classified as handguns per MSP.

Somewhere here on the forums is a memo that states such, I just can't find it at the moment.

Right, I said that.... I also said that they may be classified that way, but they aren't treated that way. Do you know of any FFL that requires a SBR be on the roster? I don't.

-Jim