The 80% Poly Lower movement has begun!

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  • DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,020
    Political refugee in WV
    It is NOT illegal to build a HBAR!

    It is not "illegal" to build any "legal" firearm.

    Creation of a 100% lower from an 80% after 10/1, constitutes possession of a banned firearm due to the lower receiver being the firearm and also being banned by FSA 2013 as a receiver. Read the law and do your research. If you complete an 80% into a 100% now you will be breaking the law.

    Also if you have any other AR's with government profile barrels on then, they can and will charge you for possession of a banned weapon that was not grandfathered in before 10/1, due to constructive intent. I wouldn't complete an 80% either in state or out of state and bring it back. No matter how you cut it, you will be breaking state law by doing so.
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    Creation of a 100% lower from an 80% after 10/1, constitutes possession of a banned firearm due to the lower receiver being the firearm and also being banned by FSA 2013 as a receiver. Read the law and do your research. If you complete an 80% into a 100% now you will be breaking the law.

    Also if you have any other AR's with government profile barrels on then, they can and will charge you for possession of a banned weapon that was not grandfathered in before 10/1, due to constructive intent. I wouldn't complete an 80% either in state or out of state and bring it back. No matter how you cut it, you will be breaking state law by doing so.

    Constructive intent is oft sited but rarely applied, and it's certainly never been applied to SB281 in court. None of the things you said above have been "proven" in court to make case law arguments on, so it's all speculation. I wish people would be less absolute in their pontification of how they read the law.

    -Jim
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,020
    Political refugee in WV
    Constructive intent is oft sited but rarely applied, and it's certainly never been applied to SB281 in court. None of the things you said above have been "proven" in court to make case law arguments on, so it's all speculation. I wish people would be less absolute in their pontification of how they read the law.

    -Jim

    Pay attention to the first paragraph of my post. The second paragraph is what they can use to nail you with other, more severe charges.
     

    jpo183

    Ultimate Member
    Mar 20, 2013
    4,116
    in Maryland
    Constructive intent is oft sited but rarely applied, and it's certainly never been applied to SB281 in court. None of the things you said above have been "proven" in court to make case law arguments on, so it's all speculation. I wish people would be less absolute in their pontification of how they read the law.

    -Jim


    I think many people are forgetting this is a public website so the absolute should be said and determined true.
     

    Gambler

    ¿Got Freedom?
    Oct 30, 2011
    3,476
    Parkville
    Creation of a 100% lower from an 80% after 10/1, constitutes possession of a banned firearm due to the lower receiver being the firearm and also being banned by FSA 2013 as a receiver. Read the law and do your research. If you complete an 80% into a 100% now you will be breaking the law.

    Also if you have any other AR's with government profile barrels on then, they can and will charge you for possession of a banned weapon that was not grandfathered in before 10/1, due to constructive intent. I wouldn't complete an 80% either in state or out of state and bring it back. No matter how you cut it, you will be breaking state law by doing so.

    This is why I've stated if you are going to do it, stamp/engrave it HBAR or PISTOL before finishing it, and take a picture of it in its unfinished state. That way they'll have a harder time getting you on intent, should you ever need to defend yourself.
     

    SevernBob

    It's All Boogered Up
    MDS Supporter
    Dec 17, 2012
    463
    Severn
    I intend to gift the two I ordered, one to a 2nd cousin in PA and the other to a friend in VA. They would make nice Christmas presents. At least, I would like getting one if I lived somewhere I could do something with them. If I can't even wrap and ship them for Christmas, I'm canceling. Has anyone received their order yet?
     

    foodpoison

    Ultimate Member
    MDS Supporter
    Jan 19, 2013
    2,180
    the Dena
    I intend to gift the two I ordered, one to a 2nd cousin in PA and the other to a friend in VA. They would make nice Christmas presents. At least, I would like getting one if I lived somewhere I could do something with them. If I can't even wrap and ship them for Christmas, I'm canceling. Has anyone received their order yet?

    check a few pages back,people got them
     
    Are you as big an ass in real life as you are on the internet?

    I question your comment.
    ObsceneJester was pointing out what has been said many times...Completing an 80% lower in to a banned rifle is illegal post 10/1/2013 and posting it would be even dumber. Polymer80 didn't ship their first 80% lower until post 10/1. This means any banned rifle built from Polymer80 has to be illegal in Maryland. The pistol and HBAR builds are still a gray area.
    Someone posted a pic of one next to his upper, but take note- they weren't attached. Doing so would have been a crime.

    IANAL
     

    J Beard

    Deplorable Member
    Jan 28, 2013
    863
    Calvert County
    Someone posted a pic of one next to his upper, but take note- they weren't attached. Doing so would have been a crime.

    IANAL

    I have to differ with your opinion, as the lower you mention had not been worked on yet it was still just an unfinished piece of polymer. I don't see how that could be a crime when it is not a regulated piece yet.
     

    ObsceneJesster

    Ultimate Member
    Jan 31, 2011
    2,958
    And the reason MD is where it is today.... too many sheep

    If not wanting to incriminate myself makes me an ass or a sheep then so be it.

    I'd love to see your post 10/1 build though. When you finish it, go ahead and post it.

    Sent from my SGH-T999 using Tapatalk
     

    Cyclone

    Jr. Zombie Killer
    Jan 25, 2010
    835
    Rosedale, MD
    Answer this one... I have finished 2 polymers prior 10/01. Polymers are susceptible to wears and even breaks in time. My question, if i break mine, is this gone forever and not able to make another one for replacement? Or carry the same legalization as if make and finish another one post 10/01 to replaced the broken one...
     

    jcbvh

    Active Member
    Dec 30, 2012
    995
    Louisiana Cajun Country
    I'd hope nobody from MD is stupid enough to post their builds.

    Are you as big an ass in real life as you are on the internet?

    If not wanting to incriminate myself makes me an ass or a sheep then so be it.

    I'd love to see your post 10/1 build though. When you finish it, go ahead and post it.

    Sent from my SGH-T999 using Tapatalk

    Stick together guys.

    Gun Owners seem to turn on each other over dumb things.

    We all have a right to our own opinions.

    We are all on the same side, at least we all should be.

    Im have been guilty of these back and forth pots shots at members on other forums, but soon realized that we ALL need to stick together. The other side is united.
     

    ObsceneJesster

    Ultimate Member
    Jan 31, 2011
    2,958
    Stick together guys.

    Gun Owners seem to turn on each other over dumb things.

    We all have a right to our own opinions.

    We are all on the same side, at least we all should be.

    Im have been guilty of these back and forth pots shots at members on other forums, but soon realized that we ALL need to stick together. The other side is united.

    Yea, I don't know what caused him to call me out. The owner of Polymer 80 made a post asking us to post our builds using his lower. I then replied saying that someone would have to be an idiot to post a build using his lower. Well, it's true. I don't think anyone living in MD would be stupid enough to do that. Then this guy just calls me an ass for stating the obvious. Talk about the pot calling the kettle black.

    Sent from my SGH-T999 using Tapatalk
     

    Cyclone

    Jr. Zombie Killer
    Jan 25, 2010
    835
    Rosedale, MD
    Stick together guys.

    Gun Owners seem to turn on each other over dumb things.

    We all have a right to our own opinions.

    We are all on the same side, at least we all should be.

    Im have been guilty of these back and forth pots shots at other members on other forums, but soon realized that we ALL need to stick together. The other side is united.
    Agreed...:thumbsup: the reason why theres an argument on these is because 80% was never mentioned in SB281. Laws cant really argue with that, never also there was a clear answer once you finish it. But configurations will and will not make it banned. My thought also 80% was once legal to own so it is always legal. They have their own representation of making it illegal and that is what we dont know yet. I am on both side, common to my sense if it is worth it to get myself in trouble and loose all rights because i assumed it. Not until there are provisions and clear statement in the bill then i will proceed. Truth of a matter is never one of us broke any laws. It is them who broke it because the second amendment voids all the state laws regarding SB281. Think of what was going on in California right now, to many bullcrap going on with their gun laws but there finds a way legally to intercept them laws. Think of bullet button that voids all the evil feature of an AR. If you read and follow closely regarding the California laws might as well find out the legal upgrades, legal altered, legal features to make the AR "Legal" AR's are long gone in California and because of these they still have it... I think this is what have separated most of us Marylanders now. Surely is getting an Hbar is legal, so why is it illegal to build an Hbar? will it make it a copycat if it doesnt have all the features of it as a copycat? exactly, nobody knows!!! :sad20::sad20::sad20:
     

    rwbow1969

    Get Wiffit
    Dec 10, 2011
    4,154
    Clearspring
    Yea, I don't know what caused him to call me out. The owner of Polymer 80 made a post asking us to post our builds using his lower. I then replied saying that someone would have to be an idiot to post a build using his lower. Well, it's true. I don't think anyone living in MD would be stupid enough to do that. Then this guy just calls me an ass for stating the obvious. Talk about the pot calling the kettle black.

    Sent from my SGH-T999 using Tapatalk

    I have to agree with everything you said. So, who wants to be the first defendant is what it boils down to. If you really believe building an HBAR with an 80% lower is legal, be the test case.

    All this talk back and forth on whether it's legal or not just tells me volumes about the uncertainty that everyone has.

    I wouldn't call erring on the side of caution sheepish or asinine. I would call it using what's between your ears.

    I know everyone is anxious about the issue and wants to argue their view but, sometimes the best thing to say is nothing at all.
     

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