SB281 Guns FAQ

[Mark75H]

How about Stripped lowers that you don't get back until after the 10/1 deadline because MSP is taking 70-90 days to get through applications!

MSP is generally taking 60-ish

 

[teratos]

Right now...how about in a couple months. Can I build my stripped lowers purchased before Oct. 1st; Not received before Oct. 1st due to the MSP wait time, into banned configuration.

The lower is the firearm. You have a valid purchase order in by October 1? You are GTG.

 

[justjcarr]

How about 80% lowers?

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[erwos]

How about 80% lowers?

Not a firearm until 100%.

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[zegerman]

BURDEN OF PROOF IS ON THE STATE UNLESS THE LAW SAYS OTHERWISE. How many times are we going to invent a legal issue that clearly does not exist?

Thank you for this FAQ erwos. I think the issue with people trying to prove pre-10/1 came from the ambiguity in building out a stripped lower post-10/1. If I buy 20 AR15 lowers, I can also buy 1 LPK, and 1 upper, and assemble all 20 with date-proved photos that would protect me from that interpretation that completing a lower is now "manufacturing a firearm that is distinct from the pre-281 lower". Does that make sense? My personal approach to date proofing was going to be photos printed on archival paper and several copies mailed to myself in sealed envelopes, so the cancelled postage on the front demonstrates the date certain of the contents. It's the only way I've come up with to get a verifiable date on a photograph... though I guess you could have a friend sign and date before a notary attesting to your having a completely functioning firearm on each of the listed lowers, and get that notarized?

I really feel like the State is going to fail (or not even try) that particular interpretation, as it would make all maintenance and repair "manufacturing"... but doing up some photos to keep safe is a cheap protection. I'm super-bummed that I'll have to buy an upper now, instead of ~5 more lowers, but I guess that's life. It's particularly onerous if I want my collection to have variety, as I can no longer buy several stripped lowers, but instead have to buy complete guns, and then possibly part them out to recoup cash.

 

[GizUSN]

Thanks to all that have added to this. If the answer to my question is already on here I've missed it. Here goes:

I have an A2 HBAR rifle that was received as a gift from my father. I understand as an HBAR it is unregulated and form 77R is not required. My question is that is it now an HBAR forever, or may I change the barrel at some time in the future and still be legal? I'm really not clear on this.

 

[spfrazierjr]

Thanks to all that have added to this. If the answer to my question is already on here I've missed it. Here goes:

I have an A2 HBAR rifle that was received as a gift from my father. I understand as an HBAR it is unregulated and form 77R is not required. My question is that is it now an HBAR forever, or may I change the barrel at some time in the future and still be legal? I'm really not clear on this.

As long as it is before 10/1, then you can do whatever you want. However, the way I see it, you can not change an hbar (sold as c&c) to a non hbar after 10/1. Building a lower into any rifle you want is fine after 10/1, because it was already bought as a regulated firearm. Of course this is just my opinion as I am not a lawyer.

 

[cap6888]

I dont know how much good it would do, but what "legal" requirement would be needed to ask MSP or the AG for a stance (in writing) about the ongoing question of building on a lower purchased prior to 10/1?

 

[erwos]

I agree that you cannot go "unregulated HBAR" to non-HBAR after 10/1.

I dont know how much good it would do, but what "legal" requirement would be needed to ask MSP or the AG for a stance (in writing) about the ongoing question of building on a lower purchased prior to 10/1?

You'd need to have a delegate or senator ask it officially to the AG's office. I have tossed around asking my own senator (who was at least was not bragging about SB281 as if it was the solution to all gun-related crime in MD) to ask a prepared list of questions I have that would clarify many unknowns.

 

[cap6888]

I agree that you cannot go "unregulated HBAR" to non-HBAR after 10/1.


You'd need to have a delegate or senator ask it officially to the AG's office. I have tossed around asking my own senator (who was at least was not bragging about SB281 as if it was the solution to all gun-related crime in MD) to ask a prepared list of questions I have that would clarify many unknowns.

I'm in HoCo.....my representative and Senator are firmly planted up MOMs ass. I am sure they could care less.

 

[GizUSN]

I agree that you cannot go "unregulated HBAR" to non-HBAR after 10/1.


You'd need to have a delegate or senator ask it officially to the AG's office. I have tossed around asking my own senator (who was at least was not bragging about SB281 as if it was the solution to all gun-related crime in MD) to ask a prepared list of questions I have that would clarify many unknowns.

But prior to 10/1? I'm not trying to be difficult, but prior to 10/1 the move would be from unregulated to regulated, but with no record of the gun since it was an unregulated gift. After 10/1 the move seems to be from unregulated to banned. If it is kosher to make such a move prior to 10/1, I will do so to "grandfather" it. If not, I'll remain happy with my HBAR. Trying to enjoy the full scope of my rights, but keep from committing a felony at the same time. If it is a difference of submitting a 77R or not? I'll enjoy my HBAR. Thanks again.

 

[erwos]

But prior to 10/1?\

Sure. Perfectly legit.

 

[erwos]

I have updated the FAQ to add some historical clarity to the OAL test discussion.

Does anyone happen to know of an exemption for MD FFLs to take possession of a grandfathered firearm for warranty or gunsmithing work? That part is unclear to me.

 

[niftyvt]

Glad this popped up again. I just realized you will still be able to get PredatOBR 556's (the ultimate HBAR) after Oct 1. Since I realized this I think I am only going to grab 1 more lower (SBR it). That would give me 2 stripped lowers and then save up for a PredatOBR 556. . . or 2.

 

[Pinecone]

Does anyone happen to know of an exemption for MD FFLs to take possession of a grandfathered firearm for warranty or gunsmithing work? That part is unclear to me.

I saw somewhere on this forum a letter from the AG that stated that transfer was permanent transfer, implying that things like leaving at a shop for repair or rental was not going to be affected.

 

[240 towles]

what if you move to the state after oct 2013, and own so called "banned" guns. How would they know if they were purchased before oct 2013 or not? Doesn't the burden of proof fall on the state?

 

[GizUSN]

Sure. Perfectly legit.

Wow, and I presume this would "grandfather" it without any forms going to the State? Thanks for your patience, but there are a ton of nuances here.

 

[erwos]

I saw somewhere on this forum a letter from the AG that stated that transfer was permanent transfer, implying that things like leaving at a shop for repair or rental was not going to be affected.

I'd love to see that letter. The issue in my mind is possession.

what if you move to the state after oct 2013, and own so called "banned" guns. How would they know if they were purchased before oct 2013 or not? Doesn't the burden of proof fall on the state?

The burden of proof is on the state, but:
1. Date of manufacture might give you away
2. We don't advocate breaking the law here

Wow, and I presume this would "grandfather" it without any forms going to the State?

Yes, registration is dead.

 

[GizUSN]

I'd love to see that letter. The issue in my mind is possession.


The burden of proof is on the state, but:
1. Date of manufacture might give you away
2. We don't advocate breaking the law here


Yes, registration is dead.

Thanks for your time on this.

 

[240 towles]

The burden of proof is on the state, but:
1. Date of manufacture might give you away
2. We don't advocate breaking the law here

not advocating breaking the law, just wondering what the state had in mind for verification purposes.