Banned AR purchase -- strip it?

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  • sakislayer716

    Member
    MDS Supporter
    Aug 8, 2021
    11
    So I'm purchasing several guns from an Estate Sale (EVO Scorpion, Sig 716, Sig P320) and an AR..... Didn't really want the AR (I have enough already) -- but they are only asking $500 (negotiated it down to $400) for it AND it happens to come with the attached EOTECH XPS site. The kicker is - -the AR is a DIAMONDBACK DB-15 -- which is banned.

    My thought is to still buy it but simply strip it.... take off the upper with the EOTECH, take off the magpul stock, buffer tube and grip... and just let the estate turn in the lower or destroy it. I'll still get the goodies and I can always use a lower I already have to build a pistol with the upper.

    I'm 99% sure this is perfectly fine to do... but wanted to check with you guys... Oh, and before you ask -- YES -- I am a registered collector....
     

    dontpanic

    Ultimate Member
    Jul 7, 2013
    6,631
    Timonium
    If you take it apart. Just the lower from the upper then it is no longer a copy of a banned weapon.

    No need to remove the stock or anything else. Then you walk with the upper and transfer the lower through an FFL.

    You can do this because it is not enumerated in the statute and can be built into a compliant rifle
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    If you take it apart. Just the lower from the upper then it is no longer a copy of a banned weapon.

    No need to remove the stock or anything else. Then you walk with the upper and transfer the lower through an FFL.

    You can do this because it is not enumerated in the statute and can be built into a compliant rifle

    This

    You can transfer a lower in Merryland as long as it isn't banned by name. You can also buy non-hbar uppers in Md. You cannot put the two parts together in Md. if the lower was purchased after 9/30/2013. You can put them together in any state that allows.
     
    Last edited:

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    So I'm purchasing several guns from an Estate Sale (EVO Scorpion, Sig 716, Sig P320) and an AR..... Didn't really want the AR (I have enough already) -- but they are only asking $500 (negotiated it down to $400) for it AND it happens to come with the attached EOTECH XPS site. The kicker is - -the AR is a DIAMONDBACK DB-15 -- which is banned.

    My thought is to still buy it but simply strip it.... take off the upper with the EOTECH, take off the magpul stock, buffer tube and grip... and just let the estate turn in the lower or destroy it. I'll still get the goodies and I can always use a lower I already have to build a pistol with the upper.

    I'm 99% sure this is perfectly fine to do... but wanted to check with you guys... Oh, and before you ask -- YES -- I am a registered collector....

    The lower isn't what makes it a banned firearm, the barrel profile is. Why, in god's name, would have someone destroy and perfectly good, perfectly legal, lower receiver??

    Also, you can't just take the upper and slap it on any receiver, since you would then be making a banned firearm. As a matter of fact, unless you have a pre-Oct 2013 lower, you really can't attach the upper to any lower legally in Maryland.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    Transfer the lower, swap a heavy barrel or 300 blk into the upper and ...should be good right?
     

    sakislayer716

    Member
    MDS Supporter
    Aug 8, 2021
    11
    The Db15 is specifically listed as banned, so how could I transfer it in MD? The upper could be put in a lower I have and turned into a pistol, right?
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    The Db15 is specifically listed as banned, so how could I transfer it in MD? The upper could be put in a lower I have and turned into a pistol, right?

    It is banned as a copy cat or copy of a banned weapon.

    Q: If it is reconfigured as suggested in posts above, would it still be banned?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,691
    It is banned as a copy cat or copy of a banned weapon.

    Q: If it is reconfigured as suggested in posts above, would it still be banned?

    Insofar as the ban derives from the configuration, altering the config ought to make it legal.

    Of course, the infamous Bushmaster was banned only because of the infamy attached to the name. But that's Maryland legislators for you.

    Given the unlikelihood of anyone actually inspecting the altered rifle for legality, I'd consider the risk of any problems to be slight. However, it's not my call.

    Strip it and let an FFL sell the lower, since the OP stated he doesn't need it. It can be sold out of state by the FFL. (Since presumably an FFL would have to be involved in the transfer, you could let him worry about the legality.)
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    It is banned as a copy cat or copy of a banned weapon.

    Q: If it is reconfigured as suggested in posts above, would it still be banned?

    No, because it would no longer be a copy of a banned firearm.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    The Db15 is specifically listed as banned, so how could I transfer it in MD? The upper could be put in a lower I have and turned into a pistol, right?

    As a fully functional rifle, correct, but when the lower is separated from the upper, neither item is a copy of a banned firearm, just parts, which can be legally sold in Maryland.

    So long as the lower has never been built into a rifle, yes, the upper could be used on a pistol lower.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Insofar as the ban derives from the configuration, altering the config ought to make it legal.

    Of course, the infamous Bushmaster was banned only because of the infamy attached to the name. But that's Maryland legislators for you.

    Given the unlikelihood of anyone actually inspecting the altered rifle for legality, I'd consider the risk of any problems to be slight. However, it's not my call.

    Strip it and let an FFL sell the lower, since the OP stated he doesn't need it. It can be sold out of state by the FFL. (Since presumably an FFL would have to be involved in the transfer, you could let him worry about the legality.)

    The Bushmaster is administratively banned do to overreach by MSP, not by the Maryland Legislature.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The only thing I might do differently, is have the ESTATE separate the upper and lower and sell them to you separately.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,818
    The only thing I might do differently, is have the ESTATE separate the upper and lower and sell them to you separately.

    This is my usual response in these types of threads. Sell the two haves separately or buy the two halves separately. All legal.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Big difference. I feel better now.

    While the result sucks, it actually is a big deal. And because it has gone unchallenged, MSP feels empowered to administratively over reach where ever they think they can and won't be challenged. That is how we ended up with some of the administrative policies we have to deal with which have absolutely no basis in law.
     

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