SBR OAL?? 26? Less than 29?

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  • kc05chu

    Member
    Dec 27, 2010
    71
    Montgomery County
    Im a bit confused with this and hearing mixed information.
    For Maryland, what is the OAL to be considered an SBR?
    The NFA form says: a semiautomatic centerfire rifle that has an overall length of less than 29 inches

    So if I have a AR Pistol that is 29.5" and decide to put a stock on it, is it considered an AR-15 and banned?

    Do I need to make an AR Pistol less than 29" to be considered a legal SBR that I can submit a FORM 1 for?

    What about MP5 or CZ, can I make it into a legal MD SBR if it shorter than 29" OAL with a stock?

    Thanks
     

    hogarth

    Ultimate Member
    Jun 13, 2009
    2,504
    I'm not sure where you're reading that.

    In MD, an SBR has the be a minimum of 29 inches.

    For pistols, there is no min or max.
     

    kc05chu

    Member
    Dec 27, 2010
    71
    Montgomery County
    Already have a brace, but with the laws ever changing Id rather not test the system.. who knows, having a flash light attached to the front with a pressure switch is going to make it illegal..
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    Already have a brace, but with the laws ever changing Id rather not test the system.. who knows, having a flash light attached to the front with a pressure switch is going to make it illegal..

    I think you are misunderstanding the laws.

    If it has a stock and a barrel less than 16”, it is a short barrel rifle and subject to the NFA, tax stamp, etc.

    In Maryland, an SBR that is made post 2013 MUST be at least 29” in OAL. ATF doesn’t care, other than they won’t give you a tax stamp for a MD resident if you try to get a stamp for a configuration that is shorter than 29” OAL. They read state laws too.

    Currently SBR and AR handguns don’t fall afoul of HBAR stuff. An AR rifle requires an HBAR barrel.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I think you are misunderstanding the laws.

    If it has a stock and a barrel less than 16”, it is a short barrel rifle and subject to the NFA, tax stamp, etc.

    In Maryland, an SBR that is made post 2013 MUST be at least 29” in OAL. ATF doesn’t care, other than they won’t give you a tax stamp for a MD resident if you try to get a stamp for a configuration that is shorter than 29” OAL. They read state laws too.

    Currently SBR and AR handguns don’t fall afoul of HBAR stuff. An AR rifle requires an HBAR barrel.

    That is not exactly correct. Only SBRs that are semiautomatic centerfire rifles need to be at least 29" OAL. Rimfire and non semiautomatic centerfire rifles do not have an OAL requirement in MD.

    Additionally any rifle less than 26" OAL is considered an SBR.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,173
    Do NOT expect logic .

    If you were to seriously try to point out their illogic to them , the predicted response would be an advisory letter disallowing MP-5 based pistols .
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,999
    Do NOT expect logic .

    If you were to seriously try to point out their illogic to them , the predicted response would be an advisory letter disallowing MP-5 based pistols .
    I've been saying for a while, we mustn't point out GA's stupidity in their decisions. For them to correct them, would only be worse for us. :cool:
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    That is not exactly correct. Only SBRs that are semiautomatic centerfire rifles need to be at least 29" OAL. Rimfire and non semiautomatic centerfire rifles do not have an OAL requirement in MD.

    Additionally any rifle less than 26" OAL is considered an SBR.

    Right. Sorry, I constantly forget that.

    I have been thinking of making a 10/22 SBR at some point for exactly that reason. Probably won't though. Tax stamp will be worth the entire rifle practically.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    so you cannot legally own a MP5 SBR in maryland.. but you can own a MP5 braced pistol.. makes sense.. thanks MD law makers....

    Expect them to fix that one of these years.

    They'll fix it by making braced pistols SBRs under the law. Or just ban braces entirely. ATF was just working to do that and pulled back.

    Either state or feds, I think braced pistols' days are numbered.
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    333
    Cambridge, MD
    I'd still like to know why MD considers SBR's pistols legally but for some reason applies the copy cat features list to them. Which is it?
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    MD generally does not used the term pistol except with regard to "assault pistols" (enumerated list of 15 pistols). In several parts of the law an SBR is defined as a handgun either by stating that an SBR is a handgun or defining a handgun as something with a barrel less than 16 in. The problem arises because the copy cat section that prohibits copy cat weapons does not contain any reference to those definitions. Definitions tend to be relevant to the particular sections they are defined in. Since an SBR is generally considered a rifle, it appears certain SBRs meet the definition of a copy cat weapon and are prohibited by that particular section.
     

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