NFA Untouched by Post Oct 1st Laws

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  • Flipz

    Ultimate Member
    Mar 11, 2010
    3,193
    Regarding the copy-cat clause,

    A copy-cat is any semi-auto centerfire RIFLE that uses a detachable magazine with 2 or more evil features. SBR's do not fall under this category as they are not rifles, they are SBR's.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,953
    Bel Air
    Regarding the copy-cat clause,

    A copy-cat is any semi-auto centerfire RIFLE that uses a detachable magazine with 2 or more evil features. SBR's do not fall under this category as they are not rifles, they are SBR's.

    I stand corrected. In SB281:

    “COPYCAT WEAPON” DOES NOT INCLUDE AN ASSAULT LONG
    GUN OR AN ASSAULT PISTOL.
    .
     

    tc617

    USN Sub Vet
    Jan 12, 2012
    2,287
    Yuma, Arizona
    I think I understand what squirrels is getting at but I do not agree simply because Maryland clearly defines an SBR to be a handgun... But then you have to remind yourself to stop thinking like the BATF or anyone knowledgable about firearms because Maryland firearms laws were written by a bunch of gun-grabbing buffoons that don't know which end of the barrel the round comes out.

    4-301(B) defines an ASSAULT LONG GUN as any weapon listed under § 5–101(R)(2).
    Notice the absence of the word rifle, shotgun, SBR, SBS, handgun, etc. in the title "ASSAULT LONG GUN"

    Listed under § 5–101(R)(2) is (xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;
    Again, the absence of rifle, or SBR in the § 5–101(R)(2) description of the firearm listed as Colt AR-15

    So since § 5–101(R)(2) description of Colt AR–15 does not identify it as any particular class of firearm (rifle, SBR, handgun, etc.), Maryland's definition of an ASSAULT LONG GUN would be all encompassing and include all classifications of Colt AR-15s except H-BARs. (And the AR-15 pistols included on the handgun roster)

    Again, I do not agree with this, but I understand what (I think) he is trying to say.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    I think I understand what squirrels is getting at but I do not agree simply because Maryland clearly defines an SBR to be a handgun... But then you have to remind yourself to stop thinking like the BATF or anyone knowledgable about firearms because Maryland firearms laws were written by a bunch of gun-grabbing buffoons that don't know which end of the barrel the round comes out.

    4-301(B) defines an ASSAULT LONG GUN as any weapon listed under § 5–101(R)(2).
    Notice the absence of the word rifle, shotgun, SBR, SBS, handgun, etc. in the title "ASSAULT LONG GUN"

    Listed under § 5–101(R)(2) is (xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;
    Again, the absence of rifle, or SBR in the § 5–101(R)(2) description of the firearm listed as Colt AR-15

    So since § 5–101(R)(2) description of Colt AR–15 does not identify it as any particular class of firearm (rifle, SBR, handgun, etc.), Maryland's definition of an ASSAULT LONG GUN would be all encompassing and include all classifications of Colt AR-15s except H-BARs. (And the AR-15 pistols included on the handgun roster)

    Again, I do not agree with this, but I understand what (I think) he is trying to say.

    But do SBR AR & AK purchases require a MSP regulated firearm background check and a 77r? If not, then they aren't Maryland-regulated Assault Weapons, so that list doesn't apply.

    *IANAL nor have I ever made an NFA purchase
     

    Flipz

    Ultimate Member
    Mar 11, 2010
    3,193
    But do SBR AR & AK purchases require a MSP regulated firearm background check and a 77r? If not, then they aren't Maryland-regulated Assault Weapons, so that list doesn't apply.

    *IANAL nor have I ever made an NFA purchase

    4473 only if memory serves me right. Atleast thats all I remember having to do with my factory AR SBR. Then again its been a couple years since I did it so I could be wrong.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    There is some good info here, but also some misleading bad info hope some can decipher!

    This, from talking to my local FFL who was at the meeting. They really didn't clear up much. They still don't have their act together. I'd drop the NFA talk right now as most of these ass hats don't know anything about it. Please don't give them any ideas!!!!!!!. The less said about Class III the better!!! Even the dealers were avoiding the issue at the meeting so as to keep it under the radar.
    Bottom line. they still don't really know what the final deal will be on much. Gun Apps will go from $10 to $50. The MD Firearms Dealers Assoc. really dropped the ball drooping their lawsuit. It's still amazing that a law can be passed with no vehicle in place to implement it, waiting period for instance. Time for a huge class action suit by all those who bought and paid for their guns before 10/1 and are now screwed.
    This whole law is got to be discriminatory against poor people. Where's the NAACP and ACLU when something like this is passed? Oh that's right, they're busy sueing because people can't afford $20 for a picture ID to vote.

    My main point is drop the Class III talk before they decide to do something about that also.
     

    sleev-les

    Prestige Worldwide
    Dec 27, 2012
    3,157
    Edgewater, MD
    This isn't inside info. It is what MSP and ATF explained during the session yesterday to all FFL's in attendance.

    Im done. Some of you guys are just nutz.

    Flipz, keep your head up.. Some people are nothing but negative and only want a negative outcome, regardless of how much they say the law is ******** at the same time. Its like they want all or nothing. I'll be buying a few NFA items while I'm donating to the fight to "hopefully" win this battle.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    No. You can take a receiver off the NFA roles by writing a letter to ATF. Then it will revert to being a normal regulated firearm (in MD). A barrel under 16" is a SBR. If it is not registered it is illegal. If it is registered as a SBR, it can ONLY be transferred with a stamp.

    right.. So then you could under federal law own a sbr and put a upper with a > 16 in barel and it would not change the status. This would imply that it would still be legal own under mD law.. until it was delisted.by atf..

    That was my point...
    Of course Maryland may disagree so who knows...


    Just read the rest of the thread... even if delisting is not required because the sbr has been transfered as standard long gun its status does not change just because of the barell or upper, but because the tax stamp is only good for one owner. Without a transfer it would remain an sbr until delisted, and it will still be legal to place an sbr upper on it.

    as an aside if the weapon were transferred I am wondering if possesion of the 'sbr' upper would be constructive possession...


    Me I will be doing none of this, if i need another ar-15 post 1 oct and and hbar will not do ( not sure why ) and normal sbr will not do ( not sure why) , and the law is not struck I will be leaving MD.

    But I think it interesting ....
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    Maryland doesn't disagree with "silent de-SBR'ing" or whatever you want to call it. Maryland judges something to be an SBR purely by the current OAL and barrel length. "Fix" those, and you're back to having a rifle. I wish federal law were so simple!
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    An SBR is a short-barreled rifle. Not a long gun. Any copycat provisions cannot link them.

    The copycat definition never says long gun.
    (I) A SEMIAUTOMATIC CENTERFIRE RIFLE THAT CAN ACCEPT A DETACHABLE MAGAZINE AND HAS ANY TWO OF THE FOLLOWING:

    Except for the 29" minimum, copycat was mostly neutered, so I'm not overly concerned with it.

    -Jim
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    The biggest problem with the copycat criteria is that you can't have a folding stock and use a suppressor simultaneously. There are really very few "serious" non-assault-long-guns, including SBRs, that will get caught up in the OAL test (Tavor and PS90 come to mind).
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    The biggest problem with the copycat criteria is that you can't have a folding stock and use a suppressor simultaneously. There are really very few "serious" non-assault-long-guns, including SBRs, that will get caught up in the OAL test (Tavor and PS90 come to mind).

    Of course since the SBR is not a "SEMIAUTOMATIC CENTERFIRE RIFLE" you are fine but on to my main point...

    This OAL test... well there is nothing in MD that says that Flash Hiders...etc. must be welded/pinned/silver soldered on (like the ATF does) to count for the OAL length test.. correct???

    So could you not just put a fake suppressor on one of these guns or maybe a longer flash hider?

    I will also add that it does not say with stocks folded or unfolded...

    Onto federal law... I have always wondered... if you weld a bayonet onto a short barrrel does the blade count towards barrel length? For example the AMD65 AK47. Could you weld the bayonet in place and skip the extended flash hider?
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    36,036
    Winfield/Taylorsville in Carroll
    This, from talking to my local FFL who was at the meeting. They really didn't clear up much. They still don't have their act together. I'd drop the NFA talk right now as most of these ass hats don't know anything about it. Please don't give them any ideas!!!!!!!. The less said about Class III the better!!! Even the dealers were avoiding the issue at the meeting so as to keep it under the radar.
    Bottom line. they still don't really know what the final deal will be on much. Gun Apps will go from $10 to $50. The MD Firearms Dealers Assoc. really dropped the ball drooping their lawsuit. It's still amazing that a law can be passed with no vehicle in place to implement it, waiting period for instance. Time for a huge class action suit by all those who bought and paid for their guns before 10/1 and are now screwed.
    This whole law is got to be discriminatory against poor people. Where's the NAACP and ACLU when something like this is passed? Oh that's right, they're busy sueing because people can't afford $20 for a picture ID to vote.

    My main point is drop the Class III talk before they decide to do something about that also.

    The lawsuit has not been dropped. It was Dismissed Without Prejudice, which means it can be brought again if need be. However, the lawsuit's only focus was getting MSP to issue a Disapproved or Not-Disapproved within 7 days or to allow dealers to release on the 8th day. The Attorney General admitted that there is no State law preventing dealers from releasing on the 8th day, so the lawsuit accomplished what it was supposed to do. The law is also pretty clear that MSP has to respond within 7 days for a Disapproved, but there is no time frame in which it has to respond for a Not-Disapproved. So, the premise of that lawsuit has pretty much been taken care of.

    That does not mean another lawsuit cannot be filed regarding the rest of this mess, and at some point I bet there will be another one. Heck, there might be even more of them further on down the road as the law is figured out (i.e., people charged with crimes based upon a poor interpretation of the law).
     

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