Private sale of AR15

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  • 71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,304
    B'More County, Maryland
    No. It is cash and carry. Once it’s built into an HBAR rifle it can be sold cash and carry. It can’t legally be built into a pistol afterwords. The licensing division will give you a different answer every day of the week.

    I thought if a lower, was bought as an "Other", and was built into a PISTOL first, it could be built as either, (ie; swapped back between rifle and pistol) anytime in the future?

    Does that only concern, or matter for, the original owner/builder?

    Just curious.
    Every lower I have ever bought, was an "Other", and always built as a pistol first. As I understand your reply, if I then made it an HBAR RIFLE, and sold it, the new owner could never go back to a pistol?

    And yes, the MSP (LD or not) seem to not have any sort of consistency whatsoever, regarding firearms, and/or firearm transfers. I've had a Trooper at Golden Ring insist I could not SELL a handgun without an HQL, and one tell me I could not BUY more than one handgun in a 30 day period, regardless of any "Collector Letter" issued by them...lol.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,700
    Columbia
    I thought if a lower, was bought as an "Other", and was built into a PISTOL first, it could be built as either, (ie; swapped back between rifle and pistol) anytime in the future?

    Does that only concern, or matter for, the original owner/builder?

    Just curious.
    Every lower I have ever bought, was an "Other", and always built as a pistol first. As I understand your reply, if I then made it an HBAR RIFLE, and sold it, the new owner could never go back to a pistol?

    And yes, the MSP (LD or not) seem to not have any sort of consistency whatsoever, regarding firearms, and/or firearm transfers. I've had a Trooper at Golden Ring insist I could not SELL a handgun without an HQL, and one tell me I could not BUY more than one handgun in a 30 day period, regardless of any "Collector Letter" issued by them...lol.


    You are correct about being able to change it back and forth if it was built as a pistol first. However that doesn’t apply here if is being sold as a rifle to another individual. The new owner cannot legally change it back to a pistol because he bought it as a rifle.


    Sent from my iPhone using Tapatalk
     

    71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,304
    B'More County, Maryland
    You are correct about being able to change it back and forth if it was built as a pistol first. However that doesn’t apply here if is being sold as a rifle to another individual. The new owner cannot legally change it back to a pistol because he bought it as a rifle.

    Gotcha. That was what I was thinking.

    Thank you for clarification. :thumbsup:
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,708
    Glen Burnie
    This thread follows along with the same idea that although a lower is regulated, and there are certain types of rifles that are illegal and illegal, HBAR and non-HBAR as examples, literally no one is checking your AR at the range to make sure the barrel profile is the correct barrel profile. With the AR platform being modular and the fact that uppers and parts are mail order, literally know one knows or really cares what goes on in the privacy of your own home with your build. The only time it would ever matter or even come to the fore would be if a crime was committed with the rifle and it was taken in as evidence.

    But again, the first rule of Fight Club/Magazine Club/AR Club is that you do not talk about.....
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    This thread follows along with the same idea that although a lower is regulated, and there are certain types of rifles that are illegal and illegal, HBAR and non-HBAR as examples, literally no one is checking your AR at the range to make sure the barrel profile is the correct barrel profile. With the AR platform being modular and the fact that uppers and parts are mail order, literally know one knows or really cares what goes on in the privacy of your own home with your build. The only time it would ever matter or even come to the fore would be if a crime was committed with the rifle and it was taken in as evidence.

    But again, the first rule of Fight Club/Magazine Club/AR Club is that you do not talk about.....

    The occasional news story pops up of someone getting pulled over in Maryland and getting charges for breaking FSA2013 for having an AR. Some are obvious where the possessor couldn’t have been of legal age to have had legal possession of a non-HBAR prior to the law going in to affect. Some have been old enough they could have legally owned one.

    What the outcome of those cases ends up being, no F-ing clue. But gosh even if you are in the good, that would royally suck to face charges and the legal costs and exposure that puts you in. Worse if it turns out you can’t prove your configuration is legal for you to own.

    Now a cop at a range where some barely old enough to shave guy is there solo with an M4 clone...always a chance the cop might decide to get curious and ask a few questions. Most of us old or older guys, I just don’t see a cop wasting his time when possession is grandfathered in. It is instances where attention is drawn where you enter the danger zone.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,173
    That would be:* Come into possession of , or to the official attention of LE* . Lots of scenarios other than ( owner doing) criminal activity .


    *******************************

    FOBG = Friend of Bill Gates ?
     

    Straightbolt

    unindicted co-conspirator
    Apr 4, 2015
    2,504
    The 'Burbs
    The occasional news story pops up of someone getting pulled over in Maryland and getting charges for breaking FSA2013 for having an AR. Some are obvious where the possessor couldn’t have been of legal age to have had legal possession of a non-HBAR prior to the law going in to affect. Some have been old enough they could have legally owned one.

    What the outcome of those cases ends up being, no F-ing clue. But gosh even if you are in the good, that would royally suck to face charges and the legal costs and exposure that puts you in. Worse if it turns out you can’t prove your configuration is legal for you to own.

    Now a cop at a range where some barely old enough to shave guy is there solo with an M4 clone...always a chance the cop might decide to get curious and ask a few questions. Most of us old or older guys, I just don’t see a cop wasting his time when possession is grandfathered in. It is instances where attention is drawn where you enter the danger zone.


    You should submit this post to the state so they can use it to promote our state.
    "Move to Maryland the "Free State" where we suppress your US Constitutional rights to the point of throwing you in prison if you try to exercise those rights.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,700
    Columbia
    The occasional news story pops up of someone getting pulled over in Maryland and getting charges for breaking FSA2013 for having an AR. Some are obvious where the possessor couldn’t have been of legal age to have had legal possession of a non-HBAR prior to the law going in to affect. Some have been old enough they could have legally owned one.

    What the outcome of those cases ends up being, no F-ing clue. But gosh even if you are in the good, that would royally suck to face charges and the legal costs and exposure that puts you in. Worse if it turns out you can’t prove your configuration is legal for you to own.

    Now a cop at a range where some barely old enough to shave guy is there solo with an M4 clone...always a chance the cop might decide to get curious and ask a few questions. Most of us old or older guys, I just don’t see a cop wasting his time when possession is grandfathered in. It is instances where attention is drawn where you enter the danger zone.


    Do you really think police are checking stuff at ranges? They don’t give a crap what people have, they’ve got better things to do with their time


    Sent from my iPhone using Tapatalk
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,173
    No , but .......

    Your residence could be burgled , scene of other crime , scene of fire or medical emergency .

    Your vehicle could be towed for number of reasons ( disabled in wreck, recovered after theft , you could have medical emergency while driving by yourself).
     

    viiper

    Re-Member
    Dec 3, 2008
    110
    Carroll County
    No , but .......

    Your residence could be burgled , scene of other crime , scene of fire or medical emergency .

    Your vehicle could be towed for number of reasons ( disabled in wreck, recovered after theft , you could have medical emergency while driving by yourself).

    Very good reminders.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    Do you really think police are checking stuff at ranges? They don’t give a crap what people have, they’ve got better things to do with their time


    Sent from my iPhone using Tapatalk

    Sure, may never have happened a cop checked anything at a range. But I’ve know a fair number of officers who are just royal dicks. Plenty of DNR officers for sure look things over for the smallest infraction even when you aren’t actually hunting. Some cops do look for anything and everything.

    Some are gun guys. Which isn’t the same as caring about our rights (some are gun guys and care about our rights).

    Cop notices some basically teenager shooting an AK-47 at the range and decides he’s got nothing better to do than ask some questions. I mean, he can’t legally own it. Is he borrowing someone’s regulated firearm? Whose? Etc.

    Time goes on that gets easier to piece together that maybe somethings not right. Decade from now you’d need to be 38 or older to be in legal possession of a banned regulated firearm unless you’ve inherited it. Is a cop going to leave you alone if you say you inherited (even if honestly true)?

    My point is more that probably your never get hemmed up by the law even if you were violating it. But it isn’t some sure thing, even if you aren’t doing something really stupid.

    As Bigfoot pointed out, maybe you never even take it outside your home. Fire or robbery and cops, firefighter, whomever discover it and starts asking questions.
     

    Shore88

    Active Member
    Dec 20, 2020
    206
    Eastern Shore
    From what I understand, due to the fact that a stripped lower is a regulated firearm, one would have to do a transfer at an FFL. The lower being part of a 77R is registered to the original purchaser. Just because it’s built into a rifle doesn’t make it a cash and carry rifle in the situation described because it could be built into a pistol. The only AR15s that are classified as rifles in primary and secondary sales are those that came from the factory and put onto the dealer’s shelf as a complete rifle.

    When it comes down to it, best bet is to contact a couple Shops, get there opinion or even ring up the Licensing Division at MSP.
    Agree. That stripped lower has a serial number registered in my name. If I sell it, I darn sure want to make sure said serial number goes with the buyer.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,105
    Agree. That stripped lower has a serial number registered in my name. If I sell it, I darn sure want to make sure said serial number goes with the buyer.

    The serial number stays with your name regardless of how you sell it.
     

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