Question about AK build under new laws

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  • MotoJ

    Active Member
    Sep 4, 2012
    267
    Mobtown
    Here's a question: suppose someone was building an AK on an 80% receiver- no serial number. Under current law (as I understand it), if the owner is able to pass the MSP regulated firearms background check (regardless of actually submitting to the check), it can remain not registered and doesn't have to have a serial number, so long as that builder doesn't sell the completed rifle.

    Regulated guns already owned before October 13 don't have to be registered because they already are registered, by virtue of the MSP background check, at purchase.

    So, would someone have to register a home built AK and give it a number, or would keeping all the receipts to prove it was all purchased prior to Oct 13. be sufficient to remain legal?
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    Good question.

    The state isn't banning anything already possessed but not registered with MSP. Nor could they come after it, since they don't know you own it (the whole point of registration). So the easy answer is, you don't have to do anything special: it's grandfathered in.

    If they did question legal ownership, it would be the burden of the state to prove that you finished the receiver AFTER the magic Oct 1 date. Take a photo, and get it notarized at the bank prior to Oct 1. Keep receipts. The more proof of ownership the better IMO, short of voluntarily registering with MSP.

    I would not voluntarily hand over any more information to the state at this point. Who knows what they will do with it in the future.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    There are also plenty of HBAR AR-15s and SCARs out there that are not registered. There are plenty of AKs and ar15s that were purchased before registration was mandatory.
     

    MotoJ

    Active Member
    Sep 4, 2012
    267
    Mobtown
    Good question.

    The state isn't banning anything already possessed but not registered with MSP. Nor could they come after it, since they don't know you own it (the whole point of registration). So the easy answer is, you don't have to do anything special: it's grandfathered in.

    If they did question legal ownership, it would be the burden of the state to prove that you finished the receiver AFTER the magic Oct 1 date. Take a photo, and get it notarized at the bank prior to Oct 1. Keep receipts. The more proof of ownership the better IMO, short of voluntarily registering with MSP.

    I would not voluntarily hand over any more information to the state at this point. Who knows what they will do with it in the future.

    What would you do about transport- just keep copies of the receipts in the case with the rifle? I don't want to get pulled over for a taillight and end up in the clink while they make a legal decision.....
     

    tc617

    USN Sub Vet
    Jan 12, 2012
    2,287
    Yuma, Arizona
    What would you do about transport- just keep copies of the receipts in the case with the rifle? I don't want to get pulled over for a taillight and end up in the clink while they make a legal decision.....

    Having receipts for an AK built on a flat 5-6 years ago when this wasn't an issue may be problematic for some.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    There are also plenty of HBAR AR-15s and SCARs out there that are not registered. There are plenty of AKs and ar15s that were purchased before registration was mandatory.

    the new law gives msp access to all dealer records. they will make copies of everything that's ever been sold or transferred in md, and add them to their registry, of that I'm positive.

    the only thing they won't have are homemade firearms or firearms brought in when people moved to maryland.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,261
    Outside the Gates
    the new law gives msp access to all dealer records. they will make copies of everything that's ever been sold or transferred in md, and add them to their registry, of that I'm positive.

    Franklin said 2 can keep a secret as long as one of them is dead
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,261
    Outside the Gates
    It occurred to me that you could get the notary to notarize your signature directly on a picture of the receiver ... single document system
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Here's a question: suppose someone was building an AK on an 80% receiver- no serial number. Under current law (as I understand it), if the owner is able to pass the MSP regulated firearms background check (regardless of actually submitting to the check), it can remain not registered and doesn't have to have a serial number, so long as that builder doesn't sell the completed rifle.

    Regulated guns already owned before October 1 don't have to be registered because they already are registered, by virtue of the MSP background check, at purchase.

    So, would someone have to register a home built AK and give it a number, or would keeping all the receipts to prove it was all purchased prior to Oct 1. be sufficient to remain legal?

    The owner has to prove nothing, the state has to prove that it was built after 1 October 2013. If they can prove that, then you are done, if not, that's just a damn shame... wanna bet how deep they are going to dig into your life to prove that you purchased a flat after the magic date?

    Pretty f'ing deep. I would expect them to audit every financial transaction associated with your accounts, your address, your work address, and even search message traffic (for evidence of even asking the question) to try and prove their case. If they have a hard on for you, they are gonna dig until they can make it stick or until they have proof that you built it prior to the deadline.

    M
     

    hvymax

    Banned
    BANNED!!!
    Apr 19, 2010
    14,011
    Dentsville District 28
    The owner has to prove nothing, the state has to prove that it was built after 1 October 2013. If they can prove that, then you are done, if not, that's just a damn shame... wanna bet how deep they are going to dig into your life to prove that you purchased a flat after the magic date?

    Pretty f'ing deep. I would expect them to audit every financial transaction associated with your accounts, your address, your work address, and even search message traffic (for evidence of even asking the question) to try and prove their case. If they have a hard on for you, they are gonna dig until they can make it stick or until they have proof that you built it prior to the deadline.

    M
    But while they are building their case they will have charged you with an exclusionary offense and confiscated all of your guns.
     

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