Would this be classified as Hbar?

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  • Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    So by definition this would be okay? I just want to make sure I am on the right track here.

    Yup. It is advertised as an HBAR so it would be legal to put on a post-10/1/13 lower.

    The law says manufacturer, not retailer.

    Just to be very clear here:

    The *law* doesn't say either. The law says "Colt AR-15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle" are banned. The MSP has interpreted this to mean that any HBAR AR15 is NOT banned, and that HBAR means that it is marked or advertised as such by the manufacturer.

    We need to be careful about confusing what the law says with how MSP chooses to interpret and enforce it.

    I have some modifications to make prior to bringing any of my ARs to Maryland in the future. Luckily none of them will require much modification as all of them are HBARs and have compensators or thread caps.

    If they are all HBAR you don't need to make any modification to them at all unless they have more than one of:
    • A folding (NOT collapsing) stock
    • A flash hider
    • A grenade launcher (not the lug, an actual launcher)

    So any HBAR AR that doesn't have a side folding stock can have whatever muzzle device you want on it as long as it doesn't also have a grenade launcher.

    Also, further: as long as you possessed the rifle prior to 10/1/13, you don't need to worry about any of this BS anyways, because it's grandfathered. You would have to register any grandfathered rifle when you bring it here, but you can ignore all of the ban tests.
     

    RetiredArmyGuy

    Active Member
    Jan 16, 2018
    171
    Pasadena, MD
    Yup. It is advertised as an HBAR so it would be legal to put on a post-10/1/13 lower.



    Just to be very clear here:

    The *law* doesn't say either. The law says "Colt AR-15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle" are banned. The MSP has interpreted this to mean that any HBAR AR15 is NOT banned, and that HBAR means that it is marked or advertised as such by the manufacturer.

    We need to be careful about confusing what the law says with how MSP chooses to interpret and enforce it.



    If they are all HBAR you don't need to make any modification to them at all unless they have more than one of:
    • A folding (NOT collapsing) stock
    • A flash hider
    • A grenade launcher (not the lug, an actual launcher)

    So any HBAR AR that doesn't have a side folding stock can have whatever muzzle device you want on it as long as it doesn't also have a grenade launcher.

    Also, further: as long as you possessed the rifle prior to 10/1/13, you don't need to worry about any of this BS anyways, because it's grandfathered. You would have to register any grandfathered rifle when you bring it here, but you can ignore all of the ban tests.

    I guess the only thing I would like to further clarify since none of them have the features above is this - Since I manufactured them after 2013 as a 07 FFL should I still engrave the barrels so they say HBAR? They are HBAR AR rifles but I didn’t engrave them as such because there was no need to do that in Virginia. Another question would be if they are HBAR ARs do I still need to register them with the MSP since they where manufactured after 2013? I apologize for all the questions and highjacking the thread but I just want to make sure I am bringing them into the state legally and meeting all the requirements IAW the law. Thanks for your time and schooling me on this topic.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    I guess the only thing I would like to further clarify since none of them have the features above is this

    So we are talking about a bunch of ARs that are all HBAR and don't fail the "copycat assault weapon" tests (the feature test, and they must have an OAL of at least 29") then?

    - Since I manufactured them after 2013 as a 07 FFL should I still engrave the barrels so they say HBAR? They are HBAR AR rifles but I didn’t engrave them as such because there was no need to do that in Virginia.

    I've never held an FFL so I don't know the particulars there, but I wouldn't think you'd need to mark them. As long as the manufacturer of the barrels you used (unless I misunderstand and you actually made the barrels yourself) said that they were HBAR that's good enough and you don't need to worry. Marking them probably couldn't hurt, but I don't think you're required to do so.

    Another question would be if they are HBAR ARs do I still need to register them with the MSP since they where manufactured after 2013?

    No. Only "regulated firearms" (that is, all handguns and any grandfathered banned rifles) need to be registered when you bring them in to the state with the intention of establishing residency here.

    I apologize for all the questions and highjacking the thread but I just want to make sure I am bringing them into the state legally and meeting all the requirements IAW the law. Thanks for your time and schooling me on this topic.

    No problem. It's confusing as heck and I only know what I do because I was here for the whole fiasco as it developed. I can't imagine walking in to this blind after the fact.
     

    RetiredArmyGuy

    Active Member
    Jan 16, 2018
    171
    Pasadena, MD
    Thank you again very much for your help.


    So we are talking about a bunch of ARs that are all HBAR and don't fail the "copycat assault weapon" tests (the feature test, and they must have an OAL of at least 29") then?

    Yes all of my ARs that will come to Maryland are in HBAR configuration and do not fail the “copycat assault weapons” test and have an OAL greater than 29”.

    I've never held an FFL so I don't know the particulars there, but I wouldn't think you'd need to mark them. As long as the manufacturer of the barrels you used (unless I misunderstand and you actually made the barrels yourself) said that they were HBAR that's good enough and you don't need to worry. Marking them probably couldn't hurt, but I don't think you're required to do so.

    In this case I have both types of barrels, ones made by another manufacturer and ones I made myself. In both cases they where made as “ heavy profile” barrels just not marked as such which I will do prior to bringing them to Maryland.


    No. Only "regulated firearms" (that is, all handguns and any grandfathered banned rifles) need to be registered when you bring them in to the state with the intention of establishing residency here.

    I will have some handguns to register and if I bring my SBRs to Maryland I assume I will have to register them as well with the state along with ATF approval.

    No problem. It's confusing as heck and I only know what I do because I was here for the whole fiasco as it developed. I can't imagine walking in to this blind after the fact.

    It is confusing as heck and I am thankful there are people willing to help folks like myself ensure they are doing what is legal. I would hate after 20 plus years of service to this country to do something that would be illegal and then be unable to enjoy my rights to own a firearm because of something I did unintentionally.
     

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