AR15 upper legality/concerns

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  • outrider58

    Eats Bacon Raw
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    Jul 29, 2014
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    SkiPatrolDude

    Ultimate Member
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    Oct 24, 2017
    3,331
    Timonium-Lutherville
    Daniel Defense also markets their SOCOM block ii clone as a heavy barrel. It's no notch and indeed a heavy profile but not marked. They occasionally go up on Brownells. I scored a complete upper not too long ago - I had to get it pinned/welded to 16 inches though.
     

    atblis

    Ultimate Member
    May 23, 2010
    2,011
    SBR's are exempt from the copycat provisions.
    I agree that is kind of what it says, but it also contradicts itself. It says a short-barreled rifle is a handgun. It also says a handgun does not include a rifle. But then it also says in the defintion of a short-barreled rifle that it is a rifle. Clown world.
     

    teratos

    My hair is amazing
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    Jan 22, 2009
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    How do you figure that?

    They are subject to the 29" minimum length. That is a copy cat provision.

    Can you find that in the law?

    (Just being a tool. Just like the one-shot requirement for the HQL, there is nothing in FSA about SBRs being 29”).
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
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    Political refugee in WV
    How do you figure that?



    They are subject to the 29" minimum length. That is a copy cat provision.
    Copycat provision means a copy of a enumerated assault weapon in COMAR. In FSA2013 it explicitly states that SBR's are exempt from the copycat provisions in the law. That means that all the "evil features" and <29" OAL do not apply to a SBR.

    May want to go and look up what the law states, not what some gun shop, gut feelings, or BGOS says is or isn't legal.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,970
    Political refugee in WV
    Can you find that in the law?



    (Just being a tool. Just like the one-shot requirement for the HQL, there is nothing in FSA about SBRs being 29”).
    I can hear it now. "But the ATF won't approve a SBR that is <29" OAL in MD!"

    Well, the ATF is not always correct. In this case the ATF is wrong. But not my problem. Play the game the best you can, because you can't change the mind of a ATF agent anyways on MD law.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Copycat provision means a copy of a enumerated assault weapon in COMAR. In FSA2013 it explicitly states that SBR's are exempt from the copycat provisions in the law. That means that all the "evil features" and <29" OAL do not apply to a SBR.

    May want to go and look up what the law states, not what some gun shop, gut feelings, or BGOS says is or isn't legal.

    I prefer to quote the actual law, not COMAR which how MSP interprets the administration of the law. And FSA2013 covers numerous sections of State Statute, so I'll be very specific, since you haven't been.

    Copy is used in 5-101 of the Public Safety article and applies to the 45 named firearms

    5-101(r)(2) said:
    a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

    A copycat is defined in 4-301 of the Criminal Law article and has all of the evil features, including the 29" OAL.

    4-301(h) said:
    (h) Copycat weapon. --

    (1) "Copycat weapon" means:

    (i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
    1. a folding stock;
    2. a grenade launcher or flare launcher; or
    3. a flash suppressor;

    (ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;

    (iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;

    (iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;

    (v) a semiautomatic shotgun that has a folding stock; or

    (vi) a shotgun with a revolving cylinder.

    (2) "Copycat weapon" does not include an assault long gun or an assault pistol.

    Note that copycat does not apply to assault long guns which are defined in 5-101 of the Public Safety article.

    So, the 29" OAL does indeed apply to SBR, and ATF has and continues to return form 1's for anything with an SBR with an OAL of less than 29".
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Can you find that in the law?

    (Just being a tool. Just like the one-shot requirement for the HQL, there is nothing in FSA about SBRs being 29”).

    See me reply above.....Complete with cite and copy/paste
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    SBR's are exempt from the copycat provisions.

    I agree that is kind of what it says, but it also contradicts itself. It says a short-barreled rifle is a handgun. It also says a handgun does not include a rifle. But then it also says in the defintion of a short-barreled rifle that it is a rifle. Clown world.

    There is nothing saying SBR's are exempt. The subtitle prohibiting the possession of copycat weapons (MD Criminal Law Title 4 Subtitle 3) makes no reference to handguns or to definitions defining SBRs as handguns.

    It is my understanding that the ATF will deny new MD SBR applications for firearms that meet copycat weapon definitions because they are prohibited by MD law.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I prefer to quote the actual law, not COMAR which how MSP interprets the administration of the law. And FSA2013 covers numerous sections of State Statute, so I'll be very specific, since you haven't been.

    Copy is used in 5-101 of the Public Safety article and applies to the 45 named firearms



    A copycat is defined in 4-301 of the Criminal Law article and has all of the evil features, including the 29" OAL.



    Note that copycat does not apply to assault long guns which are defined in 5-101 of the Public Safety article.

    So, the 29" OAL does indeed apply to SBR, and ATF has and continues to return form 1's for anything with an SBR with an OAL of less than 29".

    Not exactly, the 29" OAL only applies to semiautomatic centerfire rifles. Rimfire and non semiautomatic SBRs do not need to meet the 29" requirement because they are not copycat weapons.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Not exactly, the 29" OAL only applies to semiautomatic centerfire rifles. Rimfire and non semiautomatic SBRs do not need to meet the 29" requirement because they are not copycat weapons.

    That is true, however, ATF has denied form 1's on 10/22's that were to be SBR'd.
     

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