No more SBRs

[tc617]

It appears that is you have a pre October 1 receiver that was transfered as an "OTHER this advisory does not apply.

You would be altering or manufacturing a SBR from an OTHER, not a RIFLE.

Maryland Law, Criminal Law Article (“CR”) § 4-201(f), defines “short-barreled rifle” as a rifle that has:
1. One or more barrels with one or both measuring less than 16 inches long; OR
2. Has an overall length of less than 26 inches AND was manufactured from a rifle either by alteration or modification.

So all you have to do is fill out a FORM 1 with the BATFE as stated below and you are GTG.

Maryland’s Public Safety Article § 5-203 specifically addresses the possession of short-barreled rifles or short-barreled shotguns. A person may not possess a short-barreled rifle or short-barreled shotgun in Maryland unless the person,

1. While on official business is
a. A member of the law enforcement
b. A member of the armed forces
c. A warden or correctional officer
d. A sheriff or deputy sheriff; OR

2. Is a citizen who has registered with the federal government the short-barreled shotgun or short-barreled rifle in accordance with federal law.

 

[erwos]

tc617, sorry, but I don't think that logic really works.

You missed the "OR" word. As long as your barrel is under 16", it's an SBR, no matter what it was manufactured from.

Also, the wording is "you may not possess unless". There is nothing stopping another law from prohibiting you. It does not give you a blanket permission to possess that overrides everything else.

The big take-away for form 1s is that you've got to observe the copycat criteria and maybe worry if it's an ALG.

 

[fabsroman]

tc617, sorry, but I don't think that logic really works.

You missed the "OR" word. As long as your barrel is under 16", it's an SBR, no matter what it was manufactured from.

Also, the wording is "you may not possess unless". There is nothing stopping another law from prohibiting you. It does not give you a blanket permission to possess that overrides everything else.

The big take-away for form 1s is that you've got to observe the copycat criteria and maybe worry if it's an ALG.

That bulletin SUCKS. When you think about it, ALL prior SBR and SBS firearms should have been on the handgun roster even before SB281. Nothing changed regarding their definition as a pistol/handgun in the Criminal code section. So, what happens to the people that have pre October 1, 2013 lowers that want to make an SBR out of them?

What I find ironic is that MSP considers a SBR to be a handgun when it comes to the handgun roster board and the Criminal code. Then, when it comes to the copycat test under the Public Safety code MSP considers an SBR to be a center fire rifle. It really leaves me scratching my head. I'm going to have to look at the definitions in Public Safety - Firearms to see if there is any definition of what a center fire rifle is.

Again, this advisory SUCKS!!!!!!!!!!!!!

 

[swinokur]

So what remedies are available to challenge this, if any?

 

[clandestine]

This bulletin does not address banned assault long guns because they are already banned. The silence about them says to me that SBR-ing a ALG you owned prior to 10/1 or have a P.O. for is ok.

This bulletin doesn't effect form 1 stuff that is pre october banned. It mentions copycat to reinforce the OAL limits and features on post october 1 guns that will be SBR-ed.

Any SBR and SBS a person owns that isn't a banned ALG will now have to be on the roster to sell in MD to another resident. Otherwise they will have to sell their SBS or SBR out of state.

This bulletin just reinforces what has been longstanding law which means all gjns with barrels shorter than 16" are handguns per the law. It prevents dealers from selling anything that's a SBS or SBR unless its on the roster.

Unless the MSP exempts pending form 4 stuff then ALOT of people will be stuck selling their SBS or SBR out of state on consignment through the dealer that handled the form 3.

I called all of this a while back. The only thing I got wrong was being able to SBS or SBR a pretty 10/1 gun after the ban. T

 

[erwos]

This bulletin does not address banned assault long guns because they are already banned.

Or, alternatively, because they're not banned in SBR form... which was the clear standing ruling of the MSP for decades up until about 30 minutes ago. I also see no explicit mention of "doesn't affect pre-10/1 items". You'd think when they were going this whole hog, they'd bother to mention the other banned assault weapons, no?

Also, I don't see how they're banning TRANSFER on the grounds of the roster. That's not in the law, and I've never understood how the MSP got away with it.

This whole ruling is ludicrous, and speaking as someone with an affected form 4 SBR (Glock 17) in purgatory, I'm very willing to be the plaintiff when we go sue the state over this.

My other thought is, what if your pistol-turned-rifle is already on the roster? Think P556, PLR-16, pre-10/1 G17, etc. Could you simply use the original manufacturer on the 77r? It's not clear to me that this would violate the law.

 

[terp]

I'm still confused about SBRing a receiver owned prior to 10/1 that would be a copycat (<29"). According the advisory it would still be a copycat, but would it be grandfathered? Which date matters? Date of acquisition of the receiver or date of conversion to SBR configuration? It's as clear as mud.

It's pretty clear MSP was directed to interpret in the most restrictive way possible. They even changed the interpretation of parts of the law that didn't change with SB281.

 

[erwos]

It's pretty clear MSP was directed to interpret in the most restrictive way possible. They even changed the interpretation of parts of the law that didn't change with SB281.

That was really the part that lit me up with incandescent rage. They subtly changed the wording of the law in this bulletin so that they wouldn't need to deal with the very obvious "if handguns aren't rifles, how the hell are you applying both standards at once?"

The AG opinion better be damned good on this one. You know what to do, dblas.

 

[TNW]

I don't understand how some of these assertions can be made.

Can someone help me out here? I submitted my Form 1 via efile about a month and a half ago. I am planning on SBRing a HBAR Colt, and the OAL will be greater than 29. The only evil feature will be a flash hider. Am I good to go once I get my stamp because it is not an ALG?

Or will I need a 77r for this and HQL? How does that work? And are we still measuring with stocks extended?

 

[clandestine]

I don't understand how some of these assertions can be made.

Can someone help me out here? I submitted my Form 1 via efile about a month and a half ago. I am planning on SBRing a HBAR Colt, and the OAL will be greater than 29. The only evil feature will be a flash hider. Am I good to go once I get my stamp because it is not an ALG?

Or will I need a 77r for this and HQL? How does that work? And are we still measuring with stocks extended?

You are fine per this new intrepration from my viewpoint.

The Roster thing and 77r does not apply because you are doing a form 1 on a gun you already own. Based on features (Collapsible Stock and Flash Hider) it NOT a banned copycat based on features and the OAL is not under 29".

This is assuming the short barrel REMAINS a HBAR. If you put a non HBAR upper on it then it its not an HBAR, its a BANNED Assault Long Gun.

Stock is measured with the stock extended and the muzzle device removed (If not permanent)

 

[TNW]

You are fine per this new intrepration from my viewpoint.

The Roster thing and 77r does not apply because you are doing a form 1 on a gun you already own. Based on features (Collapsible Stock and Flash Hider) it NOT a banned copycat based on features and the OAL is not under 29".

This is assuming the short barrel REMAINS a HBAR. If you put a non HBAR upper on it then it its not an HBAR, its a BANNED Assault Long Gun.

Stock is measured with the stock extended and the muzzle device removed (If not permanent)

Thanks. That's what I thought, excepting the heavy barrel part.

But I can't drive it to the range and back without a handgun permit?

 

[aaronn]

You are fine per this new intrepration from my viewpoint.

The Roster thing and 77r does not apply because you are doing a form 1 on a gun you already own. Based on features (Collapsible Stock and Flash Hider) it NOT a banned copycat based on features and the OAL is not under 29".

This is assuming the short barrel REMAINS a HBAR. If you put a non HBAR upper on it then it its not an HBAR, its a BANNED Assault Long Gun.

Stock is measured with the stock extended and the muzzle device removed (If not permanent)

Would you say the same for a 9mm AR as long as it stays >29"?

Here's my interpretation as I wrote in the other thread:

CMIIW, but I see nothing wrong with converting an already-owned lower or AR to an SBR as long as AOL is met. It only must be on the Roster "before it may
be manufactured for distribution or sale, or sold or offered for sale in Maryland." Doesn't say you can't own it if it's not on the Roster.

I am not your lawyer.

 

[clandestine]

Would you say the same for a 9mm AR as long as it stays >29"?

Here's my interpretation as I wrote in the other thread:

I agree, it should be fine if its over 29" and does not have enough banned features to make it a banned copycat.

 

[clandestine]

Thanks. That's what I thought, excepting the heavy barrel part.

But I can't drive it to the range and back without a handgun permit?

Your gun is a post 10/1 HBAR correct? If so putting anything but another Heavy BArrel would make it a post 10/1 banned Assault Long Gun IMO. If you acquired the gun on a 77r prior to 10/1 or after 10/1 via a P.O. and it was regulated you should be fine either way.

Handgun permit is for carry.

WHen transporting a Handgun, SBR, or SBS you must observe handgun transport laws which means you are supposed to have it unloaded and going to a range, exhibition, display, gunsmith, etc....

A Designated Collectors letter gives one a little leeway in regards to "Private Display"

 

[aaronn]

So who wants to lead the fight against section III? Eliminating that section should allow SBRs to be <29", I would think.

III. Possession of “Copycat” weapon

A short-barreled rifle or short-barreled shotgun that meets the definition of "copycat weapon" set
forth in CR § 4-301(e) (for example, "a semi-automatic centerfire rifle that has an overall length of less
than 29 inches" or "a semi-automatic shotgun that has a folding stock") is an "assault weapon" and
subject to the restrictions on transportation, possession, sale and receipt set forth in Title 4, Subtitle 3,
of the Criminal Law Article.

I think the basic argument would be that if it's a handgun it can't be a copycat of an ALG.

 

[TyFromMD]

A person can manufacture a handgun for personal use but not for transfer or sale without it being on the roster, correct? It seems to me for an SBR to be transferred on a form 4 going forward, it will have to be on the roster, and less than 26" to be a handgun, but for one to manufacture an SBR (handgun) for personal use, form 1s are still okay. Thoughts?

 

[TNW]

So who wants to lead the fight against section III? Eliminating that section should allow SBRs to be <29", I would think.



I think the basic argument would be that if it's a handgun it can't be a copycat of an ALG.

That makes sense, but logic nor reason nor rights seem to have any place in the deciding of what we "can" and "cannot" do

A person can manufacture a handgun for personal use but not for transfer or sale without it being on the roster, correct? It seems to me for an SBR to be transferred on a form 4 going forward, it will have to be on the roster, but for one to manufacture an SBR (handgun) for personal use, form 1s are still okay. Thoughts?

This sounds right to me.

 

[erwos]

The easiest legislative fix would be to eliminate the line that makes SBRs and SBSs into handguns.

A bonus would be to slap in a line that says "handguns can never be assault long guns or copycat weapons".

Anyone want to explain to me why none of our friendly legislators even took a stab at amending SB281? None of this was a surprise to anyone, really.

 

[jvegas]

since MSP doesn't recognize Trusts when it comes to 77Rs, looks like Trusts are screwed when it comes to SBRs and SBSs.

 

[TNW]

since MSP doesn't recognize Trusts when it comes to 77Rs, looks like Trusts are screwed when it comes to SBRs and SBSs.

Even those submitted on a form 1? Or are you only referring to those on a form 4?

Sorry if that's a dumb question, trying to get the hang of this...