Transferring an AR lower post-October 1st

[cfogle311]

I am currently 20 right now and was planning doing an AR build next spring when i turned 21. In light of SB261 going through, i was wondering if there was any legal way i could acquire a lower before then event though im 20.

A close relative of mine offered to buy one now and transfer over to me when i turn 21. i was wondering if this would be legal after the new law comes to into effect. i've tried to read over it but it gets pretty ambiguous. Any help is greatly appreciated.

 

[MauiWowie]

Edit: I don't know if u can transfer in state after oct 1

 

[mxrider]

unfortunately, I believe you are MD screwed. IANAL, but think that's the case.

 

[dblas]

I am currently 20 right now and was planning doing an AR build next spring when i turned 21. In light of SB261 going through, i was wondering if there was any legal way i could acquire a lower before then event though im 20.

A close relative of mine offered to buy one now and transfer over to me when i turn 21. i was wondering if this would be legal after the new law comes to into effect. i've tried to read over it but it gets pretty ambiguous. Any help is greatly appreciated.

Sorry dude, you are sadly out of luck.

 

[dogbone]

There may be a small sliver of hope for finding some AR love in your life.

If there is an injunction granted in the expected court cases or if implementation of the law is delayed through the referendum process, there may be a chance for you to turn 21 and get your hands on a lower before the law kicks in.

The "close relative" route you mentioned is something to avoid. IANAL, but I think the only way for that to work legally would be for your relative to pass away and leave the rifle to you in their will.

 

[Dogabutila]

Acquire HBAR right now. Put non-heavy barreled upper on it after you turn 21.

 

[cfogle311]

Is it legal to buy an HBAR lower in Maryland when you are under 21?

 

[Rhino]

Is it legal to buy an HBAR lower in Maryland when you are under 21?

Correct, so he would have to buy a complete HBAR rifle and have it transfered cash and carry under form 4473. Then once he turns 21, he can change out the barrel with an M4 profile if wanted.

 

[mac1_131]

Is it legal to buy an HBAR lower in Maryland when you are under 21?

yes, it is unregulated

but don't put a sinister banned upper on it after you turn 21, that would be illegal if you changed it to a banned configuration after 10/1/2013

so try to get an HBAR and depending on what your legal plans are for the rifle, I think you will find it is just fine

some dealers will only sell it unregulated in a A2 or A4 configuration

theoretically, the HBAR version isn't banned either so should still be available after 10/1/2013 but this is Maryland so they may try to pull something on us, so I would get it now if you can and have the money

otherwise hope for courts to rule in our favor

 

[Turbo2Point4]

Is it legal to buy an HBAR lower in Maryland when you are under 21?

i've never seen a lower marked HBAR, so you would have to purchase a complete HBAR rifle, however i guess they could produce and sell HBAR marked lowers after Oct. 1st, but nobody really knows how lowers will be handled after Oct. 1st

 

[mac1_131]

doesn't have to be marked

lowers only will always be regulated, so turbo is correct you will have to get the complete rifle as an HBAR to be unregulated

 

[Smokescreen]

This is an interesting question. Until the COMAR is fully written we will not know how the SB281 will be enforced.

I spoke to my LGS and they told me that in the past when AR Pistols and the last AR ban happened, they were instructed to submit all of the serial numbers that they had in stock on day one of the law to MSP. They were then permitted to sell and transfer all of those to legal purchasers in state. They just couldnt get new firearms to transfer.

IANAL but this will be an interesting next few months.

 

[Markp]

Acquire HBAR right now. Put non-heavy barreled upper on it after you turn 21.

Is it legal to buy an HBAR lower in Maryland when you are under 21?

Yes, you can buy an HBAR at 18, but you won't be legally able to turn it into a banned weapon after 1 Oct 2013. The legal way to do this would be to place a purchase order for one now to be delivered on your 21st birthday (i.e. place the rifle you want on Lay-away.)

 

[teratos]

The legal way to do this would be to place a purchase order for one now to be delivered on your 21st birthday (i.e. place the rifle you want on Lay-away.)

This. Find a shop that will let you do this.

 

[cfogle311]

if i placed an order for one now, does it have to be a complete rifle?

 

[erwos]

Ugh. I don't think is as clear as some people make it out to be.

The problem is that the OP is under 21, and buying a regulated firearm under 21 is a criminal act. If the OP has a purchase order for a stripped lower dated before his 21st birthday, that could be construed as a big fat piece of evidence that the OP bought a regulated firearm before his 21st birthday. Remember: buy and transfer are two separate issues under the law!

IMHO, his best bet is to buy an HBAR.

 

[teratos]

Ugh. I don't think is as clear as some people make it out to be.

The problem is that the OP is under 21, and buying a regulated firearm under 21 is a criminal act. If the OP has a purchase order for a stripped lower dated before his 21st birthday, that could be construed as a big fat piece of evidence that the OP bought a regulated firearm before his 21st birthday. Remember: buy and transfer are two separate issues under the law!

IMHO, his best bet is to buy an HBAR.

You just said it. Buying and transferring are two separate things. He can put an order in for it, and do the actual transfer when it "comes in". The FFL is not transferring anything until he's 21.

 

[INMY01TA]

Get the Hbar now. I believe you can also get one out of state as well cause, good luck finding one in Md.

 

[Markp]

You just said it. Buying and transferring are two separate things. He can put an order in for it, and do the actual transfer when it "comes in". The FFL is not transferring anything until he's 21.

Purchase order is NOT a purchase. It is an order to purchase at a FUTURE date when it is LEGAL for it to be purchased and transferred to him. Hell, if I had a one year old child, I would place a purchase order on their behalf today for 20 years from now. That's how the law was written, that's how it works, their stupidity, not mine.

 

[Biggfoot44]

At the risk of triggering the "defeatist alarm" , the OP is at an age where he probably doesn't have too much bagage to relocate over the border. Use an HBAR as is for a cpl of years if an instate tuition issues or whatever , then when relocated rebuild to your tastes. Or you relatives could sell their lowers to you via an FFL in your new state.