Stolen Gun Post 10/1/13

[Bublar]

I'm assuming the answer is no, but I'll ask for your opinion anyway.

For sake of argument, if you had a grandfathered registered regulated AR-15 that was stolen post 10/1/13 would you legally be allowed to purchase a replacement?

For example:

Your AR-15 is locked in your safe at home and you go out to dinner. You come home to find that you are a victim of a home invasion and your safe is nowhere to be seen. You immediately report the incident to law enforcement and the insurance company.

Would MSP allow you to purchase a replacement for your legally grandfathered regulated AR15?

 

[montoya32]

Who are you going to buy it from? No FFls in MD will be allowed to carry them.

 

[mac1_131]

NO there are no exceptions for this sort of thing

 

[Hopalong]

If your gun is stolen, lost, damaged, worn out, or destroyed, there is no replacement.

Ban + grandfathering = confiscation in slow motion.

 

[mac1_131]

If your gun is stolen, lost, damaged, worn out, or destroyed, there is no replacement.

Ban + grandfathering = confiscation in slow motion.

AKA boiling the frog

 

[2AHokie]

No. And if you wait too long to report it, you'll be in violation of a new law they just passed and can be victimized a second time by the state.

 

[Cmoney]

If your gun is stolen, lost, damaged, worn out, or destroyed, there is no replacement.

Ban + grandfathering = confiscation in slow motion.

What gives you the impression that I cannot order replacement parts, such as complete uppers to install on my pre 10/1 lower? The only thing we won't be able to buy is a new pre-ban lower.

During the 94 AWB plenty of places were still making uppers with banned features and plenty of places were still selling things like threaded barrels and muzzle devices, because it is perfectly legal to keep your pre-ban rifle running, in pre-ban condition.

 

[aquaman]

Wait, how are we all of a sudden jumping to the conclusion that stripped lowers are banned? Its the configuration of the final build that matters

 

[ReticulateLemur]

Wait, how are we all of a sudden jumping to the conclusion that stripped lowers are banned? Its the configuration of the final build that matters

They're banning all currently regulated long arms, including AR-15s and the like. In addition to that ban, they're saying that any currently stripped lowers you get after Oct 1 (due to background check delays) cannot be put into a banned configuration. Banned configurations are only allowed via grandfathering.

 

[eddiek2000]

The AR15 is banned by name. So unless you can build something else with an AR15 lower (maybe you can, I'm no expert on gunsmithing), I don't think you'll be able to buy the serialized part needed to build one.

The have a cross bow upper for the AR-15 lower:

http://www.huntersfriend.com/products/archery/crossbows/pse_tac_15_crossbow.html

 

[ChannelCat]

AKA boiling the frog

Exactly!

 

[Bublar]

Thanks everyone for their input. So, here's a second question:

Second example:

You own a regulated, registered AR prior to 10/1/13. As the years pass you begin to have a failure with weapon. The manufacturer has a lifetime warranty, so you decide to ship it back and have them take a look at it.

After a long wait, it is determined that the failure is a result of the lower receiver and the manufacturer would like to replace it. The manufacturer contacts the ATF who authorize the CURRENT lower to be destroyed and the new lower to be re-stamped with the same serial number as the first lower. The gun is then sent back to you in working order.

Question:

Would this still be grandfathered? I've heard of manufacturers getting permission from the ATF to restamp a firearm (destroying the first one) if there is a known issue with the weapon that requires a serialized part to be replaced. Technically, the paperwork you receive back from "Company X" would state the rifle was re-stamp POST 10/1/13, however the serial would be registered PRIOR to 10/1/13.

 

[Vile Shadow]

There's also the possibility of "not feeding the troll", due to what they call "battered gun owners' sundrome" here.

 

[mac1_131]

well, only you and your hairdresser would know, right?

I certainly am not a lawyer, but as far as I am concerned, if it is the same serial number, it is the same firearm

 

[bmelton]

Wait, how are we all of a sudden jumping to the conclusion that stripped lowers are banned? Its the configuration of the final build that matters

That is incorrect. A 'firearm' is defined as either a fully completed gun or the frame or receiver that might be later built into a fully completed gun.

The AR-15 (including receivers, because they are technically firearms) is on the 'banned-by-name' list, which means that post-10/1, you will not be allowed to possess, purchase, receive, sell or transport an AR-15 lower, which means a lost lower receiver is a lost gun, and a lost gun cannot be replaced.

The "configuration of the final build" applies to guns that are not on the 'banned-by-name' list, so, for example, if I bought a new, random make semi-automatic centerfire rifle that had two of the 'evil features' (let's say folding stock and flash suppressor), it is banned even though it is not banned by name because of the configuration of the final build. You could possibly make that firearm legal by removing the flash suppressor, or configure it so that it only has one of the 'evil' features on the list.

 

[ddeanjohnson]

For sake of argument, if you had a grandfathered registered regulated AR-15 that was stolen post 10/1/13 would you legally be allowed to purchase a replacement? For example: Your AR-15 is locked in your safe at home and you go out to dinner. You come home to find that you are a victim of a home invasion and your safe is nowhere to be seen. You immediately report the incident to law enforcement and the insurance company.Would MSP allow you to purchase a replacement for your legally grandfathered regulated AR15?

Easiest question of the day: No.

 

[ddeanjohnson]

So, here's a second question . . .You own a regulated, registered AR prior to 10/1/13. As the years pass you begin to have a failure with weapon. The manufacturer has a lifetime warranty, so you decide to ship it back and have them take a look at it. . .

While I had not considered this issue before, I think you already have a problem. First, presumably the manufacturer is out of state. How are you going to get it there? The bill allows for conveying a grandfathered banned firearm to "a licensed firearms dealer in another state" (page 12, lines 11-14), but only for purposes of "sale or transfer." It doesn't say anything about shipping it anywhere for repair. Based on the bill text, you are authorized to possess and "transport" your grandfathered firearm, but nobody else is.

So let's say you use your "transport" authority to drive to the manufacturer's facility in another state with the gun, and leave it there for the diagnosis and repair. How are you going to get it back? Such a banned firearm cannot be sent into Maryland after October 1, 2013, except to a specified list of recipients -- dealers for law enforcement, certain laboratories and such. There is no provision to authorize return of a repaired banned firearm by anybody but you. So I guess you have to drive back and get it.

(The bill does contain a provision to allow a dealer or manufacturer in Maryland to ship banned firearms "to a customer in another state . . . under the terms of a warranty or for repair," but that doesn't help you, because of that unfortunate phrase "in another state." Page 12, lines 15-17.)

As to the scenario about a new receiver with the same serial number -- who knows? My wild guess, it would be okay with the feds, but no telling what Attorney General Gansler would think about it.

Now, if the manufacturer is in Connecticut, you better get a copy of their new law, so that you can construct some additional hypotheticals . . .

 

[sgt23preston]

Easiest question of the day: No.

"Chchinggg Ladies & gentlemen we have the winning answer"...