Private sale of AR15

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  • steveinmd

    Active Member
    Mar 3, 2008
    236
    Westminster
    I want to clarify the process of selling an AR15. I built it from a stripped lower into a complete rifle. HBAR barrel with no copy cat features. Is it a cash and carry sale or does it need to be transferred through a FFL? Thanks for your assistance.

    Steve
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,245
    In a House
    Sardines really get to stinking if you leave them out under the noonday sun on a midsummer's day. If you're dumb enough to eat them at that point, you deserve whatever you get.
     

    TangoSierra27

    Active Member
    MDS Supporter
    Feb 28, 2017
    119
    FOREST HILL
    Sir, You can not sell any regulated firearm, without going thru FFL dealer. I wouldn't risk my assets on this transaction or any firearm transaction for that matter. SF.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    I want to clarify the process of selling an AR15. I built it from a stripped lower into a complete rifle. HBAR barrel with no copy cat features. Is it a cash and carry sale or does it need to be transferred through a FFL? Thanks for your assistance.

    Steve

    Cash and carry, no FFL needed provided the buyer is a Maryland resident.

    Also no need to engrave a serial number or markings on it to sell it (I know you didn't ask, but thought I would throw it out there.)
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    Sir, You can not sell any regulated firearm, without going thru FFL dealer. I wouldn't risk my assets on this transaction or any firearm transaction for that matter. SF.

    He is selling a rifle, not a handgun. All legal rifles that are cash and carry are not regulated. If they were previously regulated they are now banned from transfer.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,692
    Glen Burnie
    Sir, You can not sell any regulated firearm, without going thru FFL dealer. I wouldn't risk my assets on this transaction or any firearm transaction for that matter. SF.
    Gotta love Marylandistan - viable arguments can be made either way. It's an HBAR, which if it was a cash and carry purchase would be perfectly legal, for now anyway. However, he built it on a stripped lower. I only have one stripped lower, and it's regulated - I had to transfer it and do the 7 day wait as if it had been an actual pistol/firearm, in which case if I ever want to try to sell it as a rifle - and mine's an HBAR upper too - I'd have to transfer it to the buyer...or at least I think that's how it works. IANAL.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,903
    Gotta love Marylandistan - viable arguments can be made either way. It's an HBAR, which if it was a cash and carry purchase would be perfectly legal, for now anyway. However, he built it on a stripped lower. I only have one stripped lower, and it's regulated - I had to transfer it and do the 7 day wait as if it had been an actual pistol/firearm, in which case if I ever want to try to sell it as a rifle - and mine's an HBAR upper too - I'd have to transfer it to the buyer...or at least I think that's how it works. IANAL.

    If the lower was built into a rifle rather than a pistol, it's a rifle forever, and thus unregulated at this writing.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If the lower was built into a rifle rather than a pistol, it's a rifle forever, and thus unregulated at this writing.

    Uuuh, only if it is HBAR.

    If not HBAR, it is banned.

    Banned is regulated. :D
     

    DavidA

    The Master of Disaster
    Dec 6, 2013
    404
    Annapolis
    What if the barrel is not marked HBAR. But is built on a bull barrel? I have heard that the barrel must be marked or marketed specifically as an HBAR barrel. It does not matter if it is a 1” straight bull. Is this the case. I have three AR’s in 223 built in this manner . A 16” , 18” and 20” One of them is built on a 80% lower the others were purchased as stripped regulated receivers which went through the 77r process.

    Also I have some LR308’s all built with either light or medium contour barrels. One is a 80% lower the others are purchased stripped lowers that all went through the 77r process.

    I may be moving all my guns to Delaware depending on the outcome here, provided of course that Delaware does not pass their own lunacy AR rifle regulations.


    Sent from my iPad using Tapatalk
     

    grimnar15

    Ultimate Member
    MDS Supporter
    Jul 21, 2019
    1,645
    I want to clarify the process of selling an AR15. I built it from a stripped lower into a complete rifle. HBAR barrel with no copy cat features. Is it a cash and carry sale or does it need to be transferred through a FFL? Thanks for your assistance.

    Steve

    If the stripped lower was transferred to you as “rifle” then FTF is perfectly fine. If it was transferred to you as “other” or “pistol” then I highly recommend an FFL transfer.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,983
    .
     

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    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,692
    Glen Burnie
    If the lower was built into a rifle rather than a pistol, it's a rifle forever, and thus unregulated at this writing.
    But how would Maryland know what you built it into? When it was transferred to you, that lower with that serial number was in effect back-door "registered" to you - Maryland assumes you have it. They don't know what you did with it. If it goes to someone else, does it not make sense that because that lower receiver was regulated and transferred as if it was a firearm, that it would have to be transferred to the buyer? The buyer has the right to do whatever they want to with it, not including stripping it back down and building it into a pistol.

    Again, IANAL, but I can see how it might raise a question - the whole reason Maryland does the transfer is to back-door register so they know who has what.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    But how would Maryland know what you built it into? When it was transferred to you, that lower with that serial number was in effect back-door "registered" to you - Maryland assumes you have it. They don't know what you did with it. If it goes to someone else, does it not make sense that because that lower receiver was regulated and transferred as if it was a firearm, that it would have to be transferred to the buyer? The buyer has the right to do whatever they want to with it, not including stripping it back down and building it into a pistol.

    Again, IANAL, but I can see how it might raise a question - the whole reason Maryland does the transfer is to back-door register so they know who has what.

    Maryland records the transfer, period. If I buy a handgun, and then later sell it to you in Maryland, Maryland will show it under both of us as a transfer, regardless of who owns it.

    If it was sold out of state, Maryland would still show the firearm transferred to you when you bought it. It really is that simple.

    So, but a stripped lower, build it into a legal rifle, and enjoy it, once you are done, sell it without issue. Stop with the BGOS.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,692
    Glen Burnie
    Maryland records the transfer, period. If I buy a handgun, and then later sell it to you in Maryland, Maryland will show it under both of us as a transfer, regardless of who owns it.

    If it was sold out of state, Maryland would still show the firearm transferred to you when you bought it. It really is that simple.

    So, but a stripped lower, build it into a legal rifle, and enjoy it, once you are done, sell it without issue. Stop with the BGOS.
    BGOS? I've been around the internet forums for a while, but this one is a new one on me - Big Girls on Skateboards?

    You're probably right - there will, however, come a case at some point in the future where someone does something illegal with the sold rifle, or the new owner will become a prohibited person with firearms being confiscated, and then when the MSP runs the number, it's going to show in the original owner's name. Sadly I don't give the MSP enough credit to know the intricacies of the law to know how to handle it if/when that occurs.
     

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