AR Lowers legal for sale in MD again
- Thread starter Chris0nllyn
- Start date
So you have someone build an non-conforming upper for you. As that upper could go on a pre-ban lower, there is nothing illegal building a non-HBAR upper, right ? Unfortunately, the moment you put that upper on your post-ban lower you have 'made' a banned firearm.
IANAL but from what I understand it also depends on how the pre-ban lower was transferred. If lower was transferred as a long gun, good to go with whatever upper you choose including non-HBAR. If transferred as a pistol or other, no-no to the non-HBAR upper.
the ATF will get you for having the parts handy ... there is some 'constructive intent' in the law
it is my understanding, not if you put an approved Upper on it ... like an HBAR
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That. It has to be built as an HBAR variant and it cannot exceed the limit on controlled "features"...collapsable stock, for example.
Midnightrider
Well-Known Member
Hbar is only one of the 'nonbanned' variants. But again, I wouldn't build any at lower purchased after 10/1/13 unless I spoke to a lawyer first. Alternately you could wait a while and see how this plays out. A year or two and there will be some precedent set.
After doing some research and looking into the law, I'm going to say eff it and not even bother. After some research it's so confusing and complicated trying to figure out what's legal and what's not so I'm not even going to bother trying. I'll stick with the weapons I have for now and wait until after I retire and move out of this eff'ed up state.
Salvador
One Nation Under God
exactly why DC makes it so difficult ....
[not a dig on you, just a fact ... make it exceedingly difficult for law abiding citizens, over time, no more guns]
We are talking about post-ban lowers, right ? Those can be made into an HBAR or a pistol but not a carbine or m16 profile rifle.
Do MD law and courts apply 'constructive intent' as a concept ?
as I said, I do not know ..... AFAIK that is an ATF thing
Lets say you own a pre-ban lower with a pre-ban M4 upper purchased as a regulated long-gun. You also own a lower purchased as HBAR with an HBAR upper post-ban. You already have the components at hand to 'make' a banned firearm by sticking the M4 upper onto your your post-ban lower. I am not aware of MSP going around checking peoples safes to check whether they could theoretically build a banned firearm. Otoh, if you got caught committing a crime while carrying a rifle in a banned configuration, you would certainly catch a charge under the new law.
Can you leave now? Please.
If I could I would but it's not cost effective to move to Va and still work in this state thanks to Owe Malley raising the toll on the bridges.
What are you liberals going to do after you've driven all the conservatives out of this state, who are you going to get to pay for all your entitlements and boondoggles?
the atf doesn't go around checking either, but ... just owning the auto sear and disconector shows 'intent' you are planning to make an illegal Class III Firearm
the ATF should probable make the same claim if you had a 10 inch upper assembly and your complete Pre-Ban M4gery .... in other words if they can a Federal Case out of your actions to pad their numbers - they will
look at the guy doing time for the AR-15 that would occasionally slam fire .....
I believe that unless you have a pistol lower to go with a shorty upper, that is their position.
If you are talking about the Olofson case, you are misrepresenting the facts of that case.
One can argue the merits of NFA and whether the government has any right to restrict the transfer of NFA items the way they do, but Mr Olofson makes a piss-poor posterchild for that argument.
Midnightrider
Well-Known Member
well thats no surprise. Grups sucks down spin like a porn star does..... well you can imagine where i was going with that