Own Banned AR Purchased Prior to 2013, but no Receipt

Glockenspiel · Jul 15, 2021

Own Banned AR Purchased Prior to 2013, but no Receipt. Should I add a Heavy Barrel?

Hi Everybody,

I'm moving to Maryland (I know... don't) and have a banned Bushmaster AR. It was given to me legally as a gift by someone living in the same state as me well before 2013. I have no documentation of this however as it was a gift. I have multiple witnesses who know I had the rifle before 2013.

To be extra safe I thought about changing it to a heavy barrel, and take the opportunity to free float it. However, if I do that, should I still register it as a banned rifle? Presumably, registering it as a grandfathered banned rifle means I negate the advantage of having it be a nonbanned "HBAR" AR. In addition, the lower would still say "Bushmaster" so it isn't clear to me whether it would still be a banned gun.

Thanks

adit · Jul 15, 2021

I believe Bushmaster is banned by name. (even though it was supposed to be the Bushmaster Rifle)

I don't think you can make it into a legal configuration.

https://www.mdshooters.com/showthread.php?t=257772

IANAL.

Muleskinner · Jul 15, 2021

Change the lower, add a heavy barrel to the upper.

gwchem · Jul 15, 2021

I thought pre-13 banned rifles we're still good to go, but needed to be registered.

The burden is on the state to prove you didn't own it before '13. Not on you to prove you did.

IDFInfantry · Jul 15, 2021

Maryland is like other communist zones in America. You are guilty until proven innocent. They’ll confiscate your legally owned property until you prove your innocence then they’ll just keep your property. Welcome to Marylandistan!

Glockenspiel · Jul 15, 2021

I guess the crossroad is, if I ever want to bring it into MD (meaning the Bushmaster marked lower, with the standard barrel installed on the upper), I need to register within 90 days of establishing residency. But it sounds like that's not a problem, even if I don't have a receipt that I owned it before 2013? I've had it since 2004 or 2005, and can think of about half a dozen people who were aware of this.

If I get a heavy barrel and different lower I think that would legally be a different gun I could get at any time.

mopar92 · Jul 15, 2021

If you make it a heavy barrel you are legal. If you keep it in original configuration you will need to register it but will also be legal. You can also make it a heavy barrel and keep the original upper for legal use out of state.

For interaction with LE purposes any law enforcement officer can start a gun trace request. They will contact the FBI NICS sytem which will show dates of transfer from manufacturer to distributor to dealer to you.

Biggfoot44 · Jul 15, 2021

OP stated it was a private gift in a state where then legal , circa 2004 , so the default basic search wouldn't come back to OP .

But IF :

Gun was actually mfg before 2013
Gun was initially sold to consumer prior to 2013 .

OP was plausibly of legal age before 2013 and legal resident of state in discussion simultaneously prior to 2013 .

Even a deep check of NICS or other similar databases is negitive response for any sighting of that S/N by anyone else subsequent to OP's purported pre 2013 aquisition .

Then there would be no grounds to dispute OP's Grandfather Status .

That said , the real issue is the word Bushmaster on the side .

( Yes , it's bogus , we know it's bogus , MSP knows or should know it's bogus , they know we know that they know it's bogus . But that's their imaginary interpretation , and they're sticking to it .)

IDFInfantry · Jul 15, 2021

It's like moths to a flame. It's like people don't get it! If you are dumb enough to register your rifle with the police they are going to determine whether they take it away or not! Then you will have to spend tons of time and money to get it back! (which you won't!) It's a f@ck!ng trap and people keep falling for it over and over and over again!

Here's just one example out of many and this person's friend bought his rifle in Maryland originally!

https://www.mdshooters.com/showthread.php?t=258357&highlight=confiscated

Melnic · Jul 15, 2021

Can you get a letter from the person who gifted?
Can you get also a letter from bushmaster stating serial number and date of mfg?
Worth a try

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rbird7282 · Jul 16, 2021

mopar92 said:
If you make it a heavy barrel you are legal. If you keep it in original configuration you will need to register it but will also be legal. You can also make it a heavy barrel and keep the original upper for legal use out of state.

For interaction with LE purposes any law enforcement officer can start a gun trace request. They will contact the FBI NICS sytem which will show dates of transfer from manufacturer to distributor to dealer to you.

THIS

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Glockenspiel · Jul 16, 2021

Biggfoot is correct that there's no paperwork because it was in another state that didn't require a transfer, I was over 18, etc.

I can probably get a letter from the gifter regarding it. I'll see if bushmaster can send me something about the date.

I think I'm either going to register it or leave it out of state and build a new heavy barrel one. I don't think there's a case like this, so I'm just guessing adding a barrel to avoid registering a preexisting banned rifle might be looked at negatively.

trickg · Jul 16, 2021

Has anyone here on the board ever had their AR checked at a range for legality?

The issue, because the law is so crappy and is so convoluted, is that it's hard to tell what is and isn't legal without a close examination of that particular weapon.

Here's a perfect example. Hypothetically let's say a guy has two AR builds - one is on a pre-2013 lower that was purchased and transferred via the MSP and the 7-day wait. The other one was built on an 80% lower.

The upper on the 80 lower is an actual HBAR upper, but the upper on the 2013 lower is not, and doesn't have to be. Both guns are perfectly legal, but there is no way to really know what's what unless you really dig around and look at them closely. Both are legal for what they are, but it would take some doing to truly figure it out. A person would have to look for roll marks, engravings, dates, check paperwork, etc, before they could truly make a determination of whether or not those guns were legal or not, and even then, it would take a situation, such as being used in the commission of a crime, before that level of scrutiny would be applied.

Question: When you guys go to the range taking your legally purchased and transferred pistols, do you take a copy of your transfer paperwork with you? Neither do I.

To the OP I would suggest to get a letter from the person who gifted it to you, and to have that letter witnessed and notarized. Then, go and use that AR in a legal manner like you would any other firearm you own. The only way it will ever matter is if you get busted committing a crime with it, and at that point you'll have bigger fish to fry.

gtodave · Jul 16, 2021

What does 2013 have to do with anything in this case? The gun is being brought in from out of state. MD's laws had nothing to do with its purchase. It should just be like any other gun brought in to the state that has to* be registered.

*your definition of "has to" may vary.

trickg · Jul 16, 2021

gtodave said:
What does 2013 have to do with anything in this case? The gun is being brought in from out of state. MD's laws had nothing to do with its purchase. It should just be like any other gun brought in to the state that has to* be registered.

*your definition of "has to" may vary.

The first rule of "I'm moving to Maryland and bringing my guns" club....

Biggfoot44 · Jul 16, 2021

2013 has a lot to do with it , if it's a non- HBAR .

rbird7282 · Jul 16, 2021

You don’t need documentation, you legally owned it before 2013. Just register it and be done with it. No need for anything else.

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gtodave · Jul 16, 2021

Biggfoot44 said:
2013 has a lot to do with it , if it's a non- HBAR .

Why? If purchased legally in another state, what difference does it make to MD whether it was bought in 2020 or 2000? If it's a "banned" platform now in MD, then it needs to be registered either way. It's not like he bought it to skirt MD rules...he probably had no idea he was moving to MD when he got that gun.

Biggfoot44 · Jul 16, 2021

The same Grandfather rules apply if initially purchased in Md or elsewhere . If not Grandfathered , an incoming new resident could not bring it ( Banned Rifle) into the state at all .

trickg · Jul 16, 2021

Biggfoot44 said:
The same Grandfather rules apply if initially purchased in Md or elsewhere . If not Grandfathered , an incoming new resident could not bring it ( Banned Rifle) into the state at all .

trickg said:
The first rule of "I'm moving to Maryland and bringing my guns" club....

Own Banned AR Purchased Prior to 2013, but no Receipt

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