Okay maryland brace to SBR question.

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  • scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    Okay not what you think. When the free stamp thing was going on for braces, maryland put out the letter that let people sbr braced pistols under 29 inches. Normally the atf would have said no, but they allowed em, I have a few that were done. We wont argue if you could put a real stock on it or had to leave it braced right now.

    Does anyone know or have they tried this recently for a real stamp? I was thinking about buying an AP5 pistol and throwing a brace on it, then filing a paid form one with the MD letter. I might already have a brace or two that would fit em.
     

    Hick15

    Member
    MDS Supporter
    Apr 2, 2020
    2
    Pretty sure an AP5 with a brace in Maryland is good to go as a pistol without any paperwork?
     

    RRomig

    Ultimate Member
    Industry Partner
    MDS Supporter
    Aug 30, 2021
    1,963
    Burtonsville MD
    Your question isn’t real clear but If you buy the AP5 and SBR it buy adding a Stock it needs to be 29” and a tax stamp to be bought before the stock goes on. If you install a brace no further paperwork or rules apply. If you buy a braced pistol and apply for the stamp and list a length less than 29” it should be denied as before the free stamp window. But if you’re willing to roll the dice and possibly waste some time it’s yours to waste. Doubtful anyone here has tried that.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    Your question isn’t real clear but If you buy the AP5 and SBR it buy adding a Stock it needs to be 29” and a tax stamp to be bought before the stock goes on. If you install a brace no further paperwork or rules apply. If you buy a braced pistol and apply for the stamp and list a length less than 29” it should be denied as before the free stamp window. But if you’re willing to roll the dice and possibly waste some time it’s yours to waste. Doubtful anyone here has tried that.
    Yes it needs to be stamped and over 29 before you add a stock normally.

    But maryland does not consider a braced pistol that has been SBRed via a form 1 ( during the free stamp days ) a copy cat weapon. So the 29 inch rule does not apply by the state law that the definition of a handgun actually covers SBRs.

    Now I would read this stating a rifle converted to a SBR is a copy cat weapo and must be over 29 inches. But a firearm transfered as a pistol in maryland, even if SBRed per the letter below is still a pistol as that is how it transfered in maryland.

    msp staement.png
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    And to add the wording of the law as quoted my MSP. A copy cat weapon only includes rifles with flash hider, folding stock etc. A pistol is no where in the definition and they in fact exclude assault pistols from the definition of copy cats. The ap5 is a maryland legal handgun, there fore can not be and is not a copy cat weapon. And in the letter above they say if transferred as a handgun they still consider it a handgun even if SBRed.

    copycat.png
     

    RRomig

    Ultimate Member
    Industry Partner
    MDS Supporter
    Aug 30, 2021
    1,963
    Burtonsville MD
    And to add the wording of the law as quoted my MSP. A copy cat weapon only includes rifles with flash hider, folding stock etc. A pistol is no where in the definition and they in fact exclude assault pistols from the definition of copy cats. The ap5 is a maryland legal handgun, there fore can not be and is not a copy cat weapon. And in the letter above they say if transferred as a handgun they still consider it a handgun even if SBRed.

    View attachment 450214
    As I stated your question wasn’t very clear to me but maybe it was and I didn’t understand the objective. Your question is about buying a tax stamp to SBR a AP5 pistol with a brace and to hopefully not have to meet the 29” regulation. So as pointed out that doesn’t need to be done and what would the advantage be. Then I reread your post and is it your intention to then add a stock?
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    Then I reread your post and is it your intention to then add a stock?
    I dont know. I have my diy mp5, which could use some help ( looks ) and has a brace stamp on it now. But I would like a "nicer" looking one, but having an a3 stock on it just makes my pants move as a child of the 80's.
     

    RRomig

    Ultimate Member
    Industry Partner
    MDS Supporter
    Aug 30, 2021
    1,963
    Burtonsville MD
    I dont know. I have my diy mp5, which could use some help ( looks ) and has a brace stamp on it now. But I would like a "nicer" looking one, but having an a3 stock on it just makes my pants move as a child of the 80's.
    So then the real question is the one you didn’t want to argue.
    You should email MDSP and get your answer and Please share what you learn.
    If that doesn’t turn out to be good there is at least one thread how the AP5 made 29”
    GL
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,380
    You should email MDSP and get your answer and Please share what you learn.
    That is not an option in my mind, and not needed. I can buy a ap5 and apply for the form 1 sbr with the letter, if the atf says no than I have a new ap5 and get my 200 back. No need to ask MSP.

    If you mean could a real stock be placed on it after the stamp comes back instead of the brace. I am not going to ask that either. Its legal with a stock under fed laws if I get the stamp, its legal under maryland law per the advisory they sent out. Thats the argument that I dont want to have, as we have no info except speculation, including mine.
     

    RRomig

    Ultimate Member
    Industry Partner
    MDS Supporter
    Aug 30, 2021
    1,963
    Burtonsville MD
    That is not an option in my mind, and not needed. I can buy a ap5 and apply for the form 1 sbr with the letter, if the atf says no than I have a new ap5 and get my 200 back. No need to ask MSP.

    If you mean could a real stock be placed on it after the stamp comes back instead of the brace. I am not going to ask that either. Its legal with a stock under fed laws if I get the stamp, its legal under maryland law per the advisory they sent out. Thats the argument that I dont want to have, as we have no info except speculation, including mine.
    Understood
    Again let us know what happens with the form 1. I’m sure many are interested in the outcome.
    Thanks
     

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