what to do with upper

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  • So I, like a fool, purchased an upper that is a non HBAR pre ban, but never got around to purchasing a lower at that time. So this upper has been sitting around collecting dust and its been driving me nuts. So my question is, what would you do with the upper? First thought, and correct me if I am wrong, but I could slap it on a pistol/other registered lower and build a pistol with the 16'' upper (obviously no stock) which because of the length magically makes it just a firearm, and no longer technically a pistol in the eyes of the law, correct? With the gun being classified just a firearm, I can put a vertical grip on it as well, correct? So that is one option I have considered doing, the other though is can I leave it off of a lower, and if I go to another state that m4 profile is fine, assemble it out of state and use it, and then disassemble it before coming back to Maryland? Is that legal? I am sure it is pushing the envelope as far as constructive intent but it should be legal to do, right? Anyhow, I just wanted some options other than leaving it in the safe until the laws change or I move...

    Thanks
     

    CHEF

    Active Member
    May 25, 2011
    292
    frederick Md
    As far as I understand you can't put a vertical grip on a pistol. If I were you I would sell it and get what you need.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,021
    Political refugee in WV
    So I, like a fool, purchased an upper that is a non HBAR pre ban, but never got around to purchasing a lower at that time. So this upper has been sitting around collecting dust and its been driving me nuts. So my question is, what would you do with the upper?

    First thought, and correct me if I am wrong, but I could slap it on a pistol/other registered lower and build a pistol with the 16'' upper (obviously no stock) which because of the length magically makes it just a firearm, and no longer technically a pistol in the eyes of the law, correct?

    With the gun being classified just a firearm, I can put a vertical grip on it as well, correct?

    So that is one option I have considered doing, the other though is can I leave it off of a lower, and if I go to another state that m4 profile is fine, assemble it out of state and use it, and then disassemble it before coming back to Maryland? Is that legal?

    I am sure it is pushing the envelope as far as constructive intent but it should be legal to do, right?

    Anyhow, I just wanted some options other than leaving it in the safe until the laws change or I move...

    Thanks

    Use breaks of some sort, I mean Jesus my head hurts.

    I'm going to break this down my paragraphs that I created.

    1. Easy solution is to sell the thing to somebody that has a pre-ban lower and buy an HBAR upper.

    2. You could, but at that point it becomes a pistol, no matter the barrel length.

    3. It is still a pistol and if you put a VFG on it, you have to go through the ATF and get a stamp. Unless you like the idea of going to Club Fed for more than 10 years, for violations of NFA 1934.

    4. Legal, yes. Smart to do, no it isn't. If you get pulled over with an assembled lower and an M4 profile upper, even though they are not attached, do you want to be the test case for your idea? If you want to risk your freedom and 2A rights over a M4 barreled upper, then that is on you. I wouldn't do it.

    5. You aren't pushing the limit of constructive intent, you are stepping over it and into constructive intent. You get pulled over, you are screwed.

    The easy answer is that I said in response to paragraph one. Sell the damn thing and buy an HBAR upper.
     
    Well I am pretty sure if the overall length is over 26'' you can have a vertical grip because it is not considered a pistol at that point, its re-classified as just a firearm. Or at least that's what I have gathered from the inter web
     

    CHEF

    Active Member
    May 25, 2011
    292
    frederick Md
    Well I am pretty sure if the overall length is over 26'' you can have a vertical grip because it is not considered a pistol at that point, its re-classified as just a firearm. Or at least that's what I have gathered from the inter web
    Yeah. but, A 26" "pistol" is just lame. Sell it and buy/build something cool.
     

    71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,304
    B'More County, Maryland
    Anyhow, I just wanted some options other than leaving it in the safe until the laws change or I move...

    Thanks

    You could always buy just an HBAR/heavy barrel to swap on, and then put the upper on anything. That's what I did. Got a heavy barrel from JSE Surplus for $95 and free shipping. Sold the non-HBAR barrel for $60 and it didn't hurt nearly as bad as it could have. ;)
     

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