Gray Area Question

[offroaD]

I was reading the SB281 FAQ today and I was curious about something. They've set all these regulations on AR15s, but lets say you build a complete upper with a barrel and flash hider that would be illegal under SB281. If in the state of maryland you never connect the upper to the lower would you be breaking the law? I was just curious what would prevent people from making uppers that they want, and connecting it to the lower once they arrived at the Fairfax NRA range, for example. The bill doesnt ban items, we just cant use it on the gun and the receiver is the gun legally. I know getting caught with a complete upper that would be illegal to attach to a lower might be difficult to explain, but technically speaking whats the legality of this?

 

[mopar92]

Perfectly legal. Take a post 10/1 HBAR. Buy a second non-HBAR upper. Assemble out of state, and shoot out of state. Reassemble HBAR lower and upper and re-enter the DPR of MD.

 

[Dogabutila]

I wouldn't. Constructive possession.

http://blog.princelaw.com/2009/07/08/nfa-and-constructive-possession-myth-or-reality/

 

[dontpanic]

I wouldn't. Constructive possession.

http://blog.princelaw.com/2009/07/08/nfa-and-constructive-possession-myth-or-reality/

I have a 16" AR15 carbine. Completely legal, and I own a 10.5" AR pistol which is also legal. Is it also constructive possesion because I could take the 10.5" upper off my pistol and put it on my carbine lower?

 

[outrider58]

Another grey area? I'm curious.

 

[Ungermc]

That's the problem with SB281, beyond being a flagrant violation of our 2nd Amendment rights, its poorly written leaving many 'grey' areas.

 

[Pinecone]

I have a 16" AR15 carbine. Completely legal, and I own a 10.5" AR pistol which is also legal. Is it also constructive possesion because I could take the 10.5" upper off my pistol and put it on my carbine lower?

As I understand it, No. But if you owned the 10.5" upper WITHOUT owning a pistol lower, it would be.

Which is why most recommend that if you are building an SBR (without making a pistol first) to NOT assemble the barrel to an upper until you get the tax stamp.

 

[Dogabutila]

I have a 16" AR15 carbine. Completely legal, and I own a 10.5" AR pistol which is also legal. Is it also constructive possesion because I could take the 10.5" upper off my pistol and put it on my carbine lower?

They could (would) argue constructive possession but presumption of innocence would require them to prove you would actually swap uppers for no reason other than simply to break the law. That would be pretty much impossible to prove without you outright admitting that. I can reasonably doubt that you would switch uppers for no damn reason. They wouldn't waste their time.

HOWEVER, in the situation OP describes it's a lot easier for them to make their case. I would reasonably doubt that a person just owns an upper that they couldn't attach to their lower for purposes of shooting out of state. Why not store the upper out of state where you go to shoot it? Bringing it back indicates you want it in your possession for really no reason but the implied wish to put it on the lower illegally.

 

[Bob A]

Why not store the upper out of state where you go to shoot it? Bringing it back indicates you want it in your possession for really no reason but the implied wish to put it on the lower illegally.

There's an awful lot of territory that is "out of state". Seems reasonable to me to have parts that you can take to wherever they may legally be assembled.

So long as you can provide a legitimate reason for ownership, MD can go suck a lemon.

 

[dontpanic]

As I understand it, No. But if you owned the 10.5" upper WITHOUT owning a pistol lower, it would be.

Which is why most recommend that if you are building an SBR (without making a pistol first) to NOT assemble the barrel to an upper until you get the tax stamp.

Thank you sir. That's what I thought but sometimes I hear some new twist and it just gets me second guessing myself. How can anyone keep track of all this stuff.