AR15 upper legality/concerns

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  • mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Why does he need to assemble it as a pistol? Unless he wants to take the shoulder stock and buffer tube off when leaving/returning to MD.

    If he has a lower with a shoulder stock and ONLY a non-HBAR upper, he could get hit with constructive intent. I don't think that has ever been used at the state level.

    Personally, I would have two uppers. HBAR and non-HBAR. Once you leave the state, you can put on the non-HBAR upper and enjoy. Remove before returning to MD.

    He doesn't NEED to but by doing so if he ever wants to make it back into a pistol this way he wouldn't need to buy a second lower. Also he doesn't need a pistol buffer to build a pistol per ATF regulations. It's just recommended.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    He doesn't NEED to but by doing so if he ever wants to make it back into a pistol this way he wouldn't need to buy a second lower. Also he doesn't need a pistol buffer to build a pistol per ATF regulations. It's just recommended.

    What are the specs for an AR pistol? Length etc? I'm going to do that
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    What are the specs for an AR pistol? Length etc? I'm going to do that

    Legally only not having a buttstock and no VFG*

    Most people use a pistol buffer that has no provision for mounting a stock but its not legally necessary. Recommended yes, but not necessary.

    Some people will paracord wrap(or some other method) the buffer tube so it won't take a stock but recommended but not legally necessary.


    *VFG is dependent on barrel length. After a certain OAL of the barrel it becomes a firearm not a pistol or rifle and CAN use a VFG but I'm too lazy to remember the exact soec and measurement so I won't give out bad info just no info.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    Legally only not having a buttstock and no VFG*

    Most people use a pistol buffer that has no provision for mounting a stock but its not legally necessary. Recommended yes, but not necessary.

    Some people will paracord wrap(or some other method) the buffer tube so it won't take a stock but recommended but not legally necessary.


    *VFG is dependent on barrel length. After a certain OAL of the barrel it becomes a firearm not a pistol or rifle and CAN use a VFG but I'm too lazy to remember the exact soec and measurement so I won't give out bad info just no info.

    Thank you very much Mopar I really appreciate your help and input.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,970
    Political refugee in WV
    Legally only not having a buttstock and no VFG*

    Most people use a pistol buffer that has no provision for mounting a stock but its not legally necessary. Recommended yes, but not necessary.

    Some people will paracord wrap(or some other method) the buffer tube so it won't take a stock but recommended but not legally necessary.


    *VFG is dependent on barrel length. After a certain OAL of the barrel it becomes a firearm not a pistol or rifle and CAN use a VFG but I'm too lazy to remember the exact soec and measurement so I won't give out bad info just no info.
    IIRC, it is 26" but don't quote that to a judge.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    He doesn't NEED to but by doing so if he ever wants to make it back into a pistol this way he wouldn't need to buy a second lower. Also he doesn't need a pistol buffer to build a pistol per ATF regulations. It's just recommended.

    I agree with that. And I build mine as pistols first for that reason.

    However, that is not necessary to have it as an HABR rifle in MD and a non-HBAR once out of the state.
     

    jfking

    Member
    BANNED!!!
    Sep 14, 2020
    43
    ar uppers

    since 2013 I've made sure to only buy 16 '' heavy barreled uppers in whatever brand I'm buying. But am able to order a and shape to my door anything shorter ? or not heavy barrel ?

    If uppers are not regulated but Md has limits on them. I thought I could posses but not be on a lower . Is that not true ?

    if I wanted to buy a 7.5'' light weight upper I should be able to order yes ?
     

    atblis

    Ultimate Member
    May 23, 2010
    2,011
    Fwiw, the wait time on an electronic filed form 1 to do an SBR is like 2 weeks. 15.9" barreled SBR...
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,815
    since 2013 I've made sure to only buy 16 '' heavy barreled uppers in whatever brand I'm buying. But am able to order a and shape to my door anything shorter ? or not heavy barrel ?

    If uppers are not regulated but Md has limits on them. I thought I could posses but not be on a lower . Is that not true ?

    if I wanted to buy a 7.5'' light weight upper I should be able to order yes ?
    There's no law prohibiting you from buying or owning 16"(and longer) barreled uppers of any kind of barrel profile in Md. The law does prohibit putting any aforementioned barrel on any lower purchased after 10/1/13 while in Maryland.

    It is legal to buy an upper with a shorter than 16" barrel, but be aware, if you don't have a legitimate lower to put it on, you could be running afoul of the law. I strongly advise you not buy a 'short barrel' upper unless you have an appropriate lower(pistol/SBR lower) to mount it to.
     
    Last edited:

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    jfking is asking a minimum of Two different questions , with lots of relevant details missing .
     

    jfking

    Member
    BANNED!!!
    Sep 14, 2020
    43
    1) can I order non hbar upper to my house ?

    2)Can I order shorter than 16'' upper to my house ?
     

    jfking

    Member
    BANNED!!!
    Sep 14, 2020
    43
    I make my own lowers from 80% , most prior to 2013 some after . which is which ? I don't know. I got out of the firearm hobby for over 10 years.

    I want a short upper and I dont mind doing legally at all but I dont get how to do that if all my lowers are 80%ters
     

    jfking

    Member
    BANNED!!!
    Sep 14, 2020
    43
    First 2 lowers I made / finished were made in 2011 for sure when I bought a kit and jig. I should be Abel to keep those 2 with light barrels on them for sure .

    id like one legal ar pistol just dont see how to do that with a lower not bought through ffl as a pistol
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,533
    Columbia
    First 2 lowers I made / finished were made in 2011 for sure when I bought a kit and jig. I should be Abel to keep those 2 with light barrels on them for sure .

    id like one legal ar pistol just dont see how to do that with a lower not bought through ffl as a pistol


    Lower doesn’t have to be purchased through an FFL as a pistol. You’re talking about building an AR pistol from an 80% lower that you legally machined and finished, that’s perfectly legal. Pre/post 2013 doesn’t matter, HBAR doesn’t matter. I am ONLY speaking about a pistol.


    Sent from my iPhone using Tapatalk
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    As of today , you may order bbls/ uppers of any length/ configuration .

    ( Possession of < 16in upper , And rifle lower(s) , Without any way to legally make use of said < 16 inch upper(s) is Potentially problematic .)

    A complete AR Pistol must be on the Handgun Roster to be sold/ transfered , just like any other handgun . ( There is seperate discussion about inheritance , but I don't think that's being asked here .)

    As of Today , an individual , not otherwise prohibited , may build a Firearm for their own personal use , including handguns .

    Specifically here , an AR. Style handgun may be built using a lower reciever that has never been previously a Rifle ( or shotgun) . This works out almost always to mean a " virgin" reciever , never part of a complete firearm , that either you made yourself , or purchased new from oem mfg as a Receiver .

    As of Today , you may build an otherwise legally configured firearm , including Pistols , for your personal used without requiring permission or registration from Maryland , or ATF .

    The conventional wisdom is that the Best and Highest ultimate use for pre '13 Lowers is for non - HBAR Rifles . ( Cue discussion of Pistol first , then interchangeable to Rifle ,but that's a thread in itself.)

    Conventional Wisdom is thereby to use post '13 lowers to build Pistols , " Other Firearm " , and HBAR Rifles .

    Yeah , still potential side topics there , and the rules may be changed by Maryland or Feds in the future . But hopefully this gives some guidance .

    Pre '13 lowers , be they commercial or self made , may use bbl of any profile .
     

    4rcefedmkiv

    Active Member
    Aug 6, 2010
    131
    Arnold, MD
    Stupid quetion I'm sure I already know but does a legally SBR'd lower negate the need for an HBAR barrel to please the MD crown? I've been eying up a 13.9 triarc upper and am out of pre 13 lowers. I might as well go 12.5 and get a stamp if that's the case.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So does an legally SBR'd lower negate the need for an HBAR barrel to please the MD crown?

    Yes.

    The only part of FSA 2013 that MD is applying to SBRs, AT THIS TIME, are the copy cat rules.

    29" COAL and no more than 1 evil feature.
     

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