Sb281 and 80 percent receivers?

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  • alzoom85

    Member
    Feb 27, 2013
    81
    I am thinking about getting some 80percent receivers but not certain if i can put them togeher post 10/1.
     

    occbrian

    Ultimate Member
    Jan 3, 2013
    4,905
    in a cave
    As long as you finish it from 80 to 100 before 10/1 you are ok. You don't have to install the parts before then, just finish the receiver.

    Ak's too
     

    bangbangbye

    Banned
    BANNED!!!
    Aug 2, 2012
    842
    i have several to 100%. how would you prove it? i was thinking take a pic of them and have it notarized. free for me.
     

    tc617

    USN Sub Vet
    Jan 12, 2012
    2,287
    Yuma, Arizona
    As long as you finish it from 80 to 100 before 10/1 you are ok. You don't have to install the parts before then, just finish the receiver.

    Ak's too
    I disagree that you need to take the AK receiver to 100% and this is why.

    When you purchase a pre-bent blank, or flat, what you purchase has been approved by the ATF and DOJ to not be a firearm. When a manufacture stamps out an AK flat they send samples for approval. The manufacture will try to get the flat as close to complete as possible without it being rejected by the DOJ as a firearm.

    Once you purchase that flat and perform ANY MODIFICATION in the direction of building a completed firearm, this removes the DOJ/ATF approval. This means that if you heat treat, resize or drill holes, welding in rails, install the center support rivet, or bend the flat, you have created a firearm by DOJ/ATF standards.

    IMHO, if you take an AK flat on September 30, and simply bend it in a jig, and it can accept trigger pins, you are in possession of a firearm. It would be illegal at that point to sell that receiver in Maryland without an FFL.

    IANAL so by no means is this legal advice.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Look, it's pretty simple... but MSP has been ****ing it all up.

    Per the law, possessing an "assault weapon" built after 10/1 would be illegal, this would include all AK action rifles. However, MSP is taking the stance that if the receiver is an "assault weapon" then possession of it prior to 10/1 is sufficient to call it an "assault weapon", because by their logic all stripped AR lowers are "assault weapons" post 10/1.

    They cannot have it both ways. Either stripped receivers are, or are not, "assault weapons" if they can (but not must) be used to build an "assault weapon".

    Pick one... in the case of the AK receiver, once a receiver for a rifle it is an "assault weapon", but what about for a pistol?!? MSP needs to be clear as to what is and what is not an "assault weapon" and have the LEGAL grounds to substantiate it.

    I would argue that receivers lack the features needed to be characterized as either an "assault weapon", long gun, firearm, handgun, or other weapon. It's a receiver.

    Mark
     

    terp91

    Active Member
    Mar 14, 2013
    204
    Halethorpe
    So will there be any way of assembling an HBAR from parts in MD after 10/1? Couldn't an 80% be finished as long as it is made into a compliant rifle or no?
     

    Ranchero50

    Ultimate Member
    Dec 15, 2012
    5,413
    Hagerstown MD
    So will there be any way of assembling an HBAR from parts in MD after 10/1? Couldn't an 80% be finished as long as it is made into a compliant rifle or no?

    It depend on if the MSP sticks to the 'Colt Sporter HBAR' only spiel they've been on lately. As seen by the COMAR review today, it's going to be an interesting 2014...
     

    Weber

    USMC
    Oct 12, 2009
    1,329
    Elkton, MD
    Only if they are finished and able to accept an upper receiver/LPK before 10/1. 281 bans the manufacture and sale of the rifles that it bans

    No it doesn't. 281 doesn't even talk about about home made weapons.

    You can manufacture a legal firearm before and after oct 1st.
     

    OldMike-47

    Member
    Sep 23, 2013
    10
    Baltimore County
    I had asked my local shops and they all said it was a grey area, technically we know it's not illegal to own one as long as it's before 10/1. But you can't sell to anyone in MD. Apparently SB281 doesn't mention 80% or homebuilt firearms, you just cannot trade/sell/loan. Of course don't build anything that violates NFA, but they also warned that the Gov. would be trying to close that loop hole quickly.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    I had asked my local shops and they all said it was a grey area, technically we know it's not illegal to own one as long as it's before 10/1. But you can't sell to anyone in MD. Apparently SB281 doesn't mention 80% or homebuilt firearms, you just cannot trade/sell/loan. Of course don't build anything that violates NFA, but they also warned that the Gov. would be trying to close that loop hole quickly.

    Not sure which local shops are saying that, but they left out some pretty critical info regarding manufacturing and possessing. SB281 has a list of banned riles and copycats that will be illegal to possess if they aren't grandfathered regardless of whether you built it yourself or not.
     

    terp91

    Active Member
    Mar 14, 2013
    204
    Halethorpe
    It depend on if the MSP sticks to the 'Colt Sporter HBAR' only spiel they've been on lately. As seen by the COMAR review today, it's going to be an interesting 2014...

    Wouldn't sticking to the "Colt Sporter HBAR" only thing be essentially granting Colt a monopoly within the state? And why wouldn't the copy/copycat thing apply to that as well? I've been trying to keep up to date on everything but the more I read about and into it all the more confused I get.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    Possession is what kills it. You can't possess an assault weapon that you manufactured after 9/30, home build or not.
     

    Turbo2Point4

    Active Member
    Feb 19, 2012
    430
    as long as the 80% lower was purchased prior to 10/1, and had the reciept for it, you could still build it, same as one you did paperwork on couldn't you? i see a 80% lower and a fully machined stripped lower as the same thing. just like an hbar is unregulated and a standard AR is regulated. could you build an 80% lower as an hbar after 10/1? i also thought manufacture was only considered manufacture if it was built to be sold, not for personal use.
     

    bbrown

    Ultimate Member
    MDS Supporter
    Oct 10, 2009
    3,038
    MD
    All the above discussion seems to assume that you want to build a so-called "assault rifle" such as an AR-15, FAL or HK-91. What if you just want to build a regular, non-banned semi-auto rifle such as a Sten (with the ant-eater barrel)?
     

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