AR15 upper legality/concerns

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  • Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    1: Can a MD resident purchase a complete AR15 upper that is, to the best of knowledge, NOT marked HBAR or marketed as HBAR but appears to have a HBAR?
    2: I know I've read here that there isn't an industry standard on what a HBAR is, so diameter and "appears to be" doesn't mean crap, correct?
    3: If the upper is legal to buy and OWN in MD but not assemble in Maryland, is it legal to take said upper to WV, PA, or any other free state and assemble it where it will be used for target practice, 3 gun, and/or hunting?
    4: Would it be legal to buy aforementioned upper and replace the barrel with one stamped or marketed as HBAR?

    More than likely this has been brought up somewhere here, but searchy no like a me and I don't have hours and hours to search lol
    ANY legitimate and accurate input to guide me in the right direction will be greatly appreciated.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    1: Can a MD resident purchase a complete AR15 upper that is, to the best of knowledge, NOT marked HBAR or marketed as HBAR but appears to have a HBAR?
    2: I know I've read here that there isn't an industry standard on what a HBAR is, so diameter and "appears to be" doesn't mean crap, correct?
    3: If the upper is legal to buy and OWN in MD but not assemble in Maryland, is it legal to take said upper to WV, PA, or any other free state and assemble it where it will be used for target practice, 3 gun, and/or hunting?
    4: Would it be legal to buy aforementioned upper and replace the barrel with one stamped or marketed as HBAR?

    More than likely this has been brought up somewhere here, but searchy no like a me and I don't have hours and hours to search lol
    ANY legitimate and accurate input to guide me in the right direction will be greatly appreciated.

    Yes to all with the caveat that I wouldn't have the assembled upper in MD without previously building it as a pistol. Pistols have no corresponding legality to barrel contour so you could have a pistol upper and a rifle upper and use them interchangeably as its legal to go from pistol to rifle and back again but NOT the other way around. I'd just leave the questionable upper outside of MD and have fun.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    Thanks for the reply Mopar92.
    So I should put a pistol upper on my lower first, then disassemble it and once out of state, put the rifle upper in question on it and do my thing in a free state, and then remove the upper and leave it at my family's residence before coming back into MD, right?
    Do I have to purchase a pistol upper or can a friend put his pistol upper on my lower and then remove it, making my lower "enhanced" so that I can switch back and forth?
    Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.

    The presence or absence of a stock is a bigger factor in determining whether the firearm is a pistol or a rifle. That's why you see so many folks going with a Sig Brace and a short non-HBAR barrel. Putting a shoulder stock on the lower with a barrel less than 16" and you are now entering SBR (short barrel rifle) territory... all fine and dandy if you have paid the $200.00 tax and waited to get the stamp.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,812
    In addition to what others have said, if you happen to own a pre-ban lower, owning another non-Hbar upper is fine.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Thanks for the reply Mopar92.
    So I should put a pistol upper on my lower first, then disassemble it and once out of state, put the rifle upper in question on it and do my thing in a free state, and then remove the upper and leave it at my family's residence before coming back into MD, right?
    Do I have to purchase a pistol upper or can a friend put his pistol upper on my lower and then remove it, making my lower "enhanced" so that I can switch back and forth?
    Since lowers have to be registered as others, couldn't gun shops slap a pistol upper on the lower before selling it so that one could now switch back and forth? Just wondering out loud.

    A pistol per ATF regulations is a firearm with a rifled barrel NOT designed to be fired from the shoulder. (This is why the SIG, KAK Shockwave, and various other "arm braces" are legal.

    So legally speaking. Installing the non HBAR or questionable HBAR barrel but NOT installing a buttstock legally means you manufactured a pistol. (Take pichers and email them to yourself or post them on FB).
    Go to a free state, not Freestate or The Free State and install your buttstock and zero the upper. Leave the upper or barrel there.
    Buy an HBAR upper (Blue Fins has some nice ones in stock ((shameless plug)) )and enjoy your MD legal rifle.
    Switch back and forth remembering never, ever to bring your LW upper back to Marylandistan while assembled as a rifle. (Buttstock AND barrel of 16" OAL or greater)
    Live long and prosper.

    As to your second question, gun shops COULD do that if they're willing to become an 07 FFL/SOT and pay a 10% excise tax for each gun.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    https://www.davidsondefense.com/ind...iy-ar-15-carbine-budget-builders-complete-kit
    This barrel looks the same to me sans being stainless and is designated HBAR.
    I HATE Maryland's stupid gun laws:mad54:

    Lol. That kit is MD legal but not super high quality. The barrel is nitrided and per the manufacturers picture the barrel extension and barrel are the same color, which likely means they where treated as an assembly which can cause issues down the road. Also as its nitrided it will be difficult to pin a FSB or a GB. The sights are polymer flip ups which means most likely cheap Magpul knockoffs. There's other things but that will suffice.

    For some real barrel fun and MD stupidity. The Colt SOCOM rifle and upper are both marketed as HBAR so MD legal. The BCM SOCOM rifle and upper are marketed as a midweight so NOT MD legal. Same exact barrel profile. Same exact gun. 1 MD legal, 1 not because MSP LD are fvcktarded.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    ...

    For some real barrel fun and MD stupidity. The Colt SOCOM rifle and upper are both marketed as HBAR so MD legal. The BCM SOCOM rifle and upper are marketed as a midweight so NOT MD legal. Same exact barrel profile. Same exact gun. 1 MD legal, 1 not because MSP LD are fvcktarded.

    The Colt 6920 SOCOM? Learned something new, and might have another wish list item. Looks significantly pricier than my 6721.

    Sent from my Nexus 5X using Tapatalk
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    The Colt 6920 SOCOM? Learned something new, and might have another wish list item. Looks significantly pricier than my 6721.

    Sent from my Nexus 5X using Tapatalk

    Yep marked as HBAR right on the Colt website. I'd spring the pennies for the SOCOM II just because it already has a free float handguard.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    Lol. That kit is MD legal but not super high quality. The barrel is nitrided and per the manufacturers picture the barrel extension and barrel are the same color, which likely means they where treated as an assembly which can cause issues down the road. Also as its nitrided it will be difficult to pin a FSB or a GB. The sights are polymer flip ups which means most likely cheap Magpul knockoffs. There's other things but that will suffice.

    For some real barrel fun and MD stupidity. The Colt SOCOM rifle and upper are both marketed as HBAR so MD legal. The BCM SOCOM rifle and upper are marketed as a midweight so NOT MD legal. Same exact barrel profile. Same exact gun. 1 MD legal, 1 not because MSP LD are fvcktarded.

    Thanks :)
    I agree about the fvcktarded
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    To expand on Mopar's post #10 , I would screw in a pistol buffer tube in addition to, and preferably 10 seconds before pinning on short upper.

    OR if this is a hypothetical future Upper, and not one sombody already gave you for free, just jump thru the illogical hoops, and get the HBAR complient bbl most suited to your preferences. Colt SOCOM , Engage fluted, whatever.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    To expand on Mopar's post #10 , I would screw in a pistol buffer tube in addition to, and preferably 10 seconds before pinning on short upper.

    OR if this is a hypothetical future Upper, and not one sombody already gave you for free, just jump thru the illogical hoops, and get the HBAR complient bbl most suited to your preferences. Colt SOCOM , Engage fluted, whatever.

    It would be a hypothetical future upper.
    It was the one in the link Hog Sniper posted. I like it and I'm sure it like me lol. But MD's dumba$$ laws obviously don't like either of us. How does MD know that the upper doesn't "identify" as a HBAR? Lol
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    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.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    It's a damn shame that a law abiding citizen has to navigate this bull crap:mad54: I have as much resentment for the idiots in Maryland who came up with this non sense garbage as I do the devil. Maybe they're one and the same. I have resentment towards myself for moving to this ridiculous state:sad20:
     

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