Can one make/transfer a Title 1 firearm based on banned rifle?

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  • smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,688
    MoCo
    Hang w/ me for a minute, this is an odd one that I don't think has come up before...

    FSA2013/SB281 banned specific "assault weapons"
    http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
    "(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:"

    We all now understand that people in MD can still buy/build pistols and SBRs of banned "assault weapons". Do Title 1 firearms fall into the same 'acceptable' category? By that I mean things like a semi-auto 1919. Its not a pistol (>16" barrel) or a rifle (no shoulder stock) in the eyes of the ATF - but how does MD (and specifically SB281) view them?

    For a specific example lets pick something from the list: HKs
    "(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;"
    As crazy as it sounds: could one build a full length G3/PSG1/MSG90/etc w/ their 18-25" barrels and no butt stock. They are neither pistols or rifles. I know PTR makes pistol versions of these that are MD legal - that is not the question. The question is if you bought something like a PTR K3P PDW (12" bbl pistol) and put a 18" barrel in it - would it still be legal in MD?
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Hang w/ me for a minute, this is an odd one that I don't think has come up before...

    FSA2013/SB281 banned specific "assault weapons"
    http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
    "(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:"

    We all now understand that people in MD can still buy/build pistols and SBRs of banned "assault weapons". Do Title 1 firearms fall into the same 'acceptable' category? By that I mean things like a semi-auto 1919. Its not a pistol (>16" barrel) or a rifle (no shoulder stock) in the eyes of the ATF - but how does MD (and specifically SB281) view them?

    For a specific example lets pick something from the list: HKs
    "(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;"
    As crazy as it sounds: could one build a full length G3/PSG1/MSG90/etc w/ their 18-25" barrels and no butt stock. They are neither pistols or rifles. I know PTR makes pistol versions of these that are MD legal - that is not the question. The question is if you bought something like a PTR K3P PDW (12" bbl pistol) and put a 18" barrel in it - would it still be legal in MD?

    I don't think the ATF defines a pistol barrel length at any point. So you could have a 36" barrel on a pistol without that being an issue.

    18 U.S.C., § 921(A)(29) and 27 CFR § 478.11

    The term “Pistol” means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having:

    a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s);

    and a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore(s).
    https://www.atf.gov/firearms/firear...on-firearms-gun-control-act-definition-pistol

    So yes, at 18" barrel pistol is not an issue... as far as I can see.

    Note you get a OAL at some point:
    https://www.atf.gov/firearms/firear...rms-national-firearms-act-definitions-firearm
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,688
    MoCo
    ATF defines a pistol as <16" bbl & no stock. The link you provided is just a high level overview of the law and you have to dig into the statues to get an exact example. A 1919A4 is not a pistol in the ATFs eyes for example (yet it only has a pistol grip.) An AR 'pistol' lower w/ a 16" upper on it is not legally a pistol in the ATFs eyes. Its the same way a shotgun w/ no stock that meets some OAL limit isn't a shotgun in the ATFs eyes, but an 'other' (like those ones Scott's sells w/ the birdseye grip.)

    I understand what triggers the ATFs change in definitions. Im worried that the MD law is written broadly enough that is still catches the 'other'. MD treats SBRs as rifles and pistols simultaneously, so you can understand the source of my worry.
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,688
    MoCo
    I guess the better description for it would be a PGO rifle (Pistol Grip Only, as that is what they call PGO shotguns that fall into that weird not a shotgun and not a pistol/SBS space.)
     

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