i really don't know the LAW. please help.

[mopar92]

I see no legal issue if its done in my presence as it is not a transfer and it does not leave my possession. Its not a grey area its just not codified in COMAR

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[fabsroman]

handgun instructor. licensed by the state, certified by the NRA, MAG certified and trained by MASSAD AYOOB, DAVID KENIK, BEN KELKYE, JEANIE GRANT, CARLO PIRAZZI, TERRY ROBINSON, and to throw a few more in would just piss you off. rifles weren't my thing, then they were. they are now. questions?

special thanks to mopar92.

Yes, Mopar is awesome. He has helped me out too. I know his intentions are well intended here, as always.

However, I don't think what you guys are planning is legal. If you did not possess the "assault weapon" prior to 10/1/2013, you may not possess it now. Simple as that. So, do not take Mopar's lower receiver from him and slap on an upper that would make the firearm an "assault weapon", unless Mopar is there standing by you the entire time or you want to run the risk of getting caught.

 

[fabsroman]

I see no legal issue if its done in my presence as it is not a transfer and it does not leave my possession. Its not a grey area its just not codified in COMAR

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Yes, it must be done in your presence. The grey area becomes possession. If you hand me a kilo of cocaine, am I in possession of said cocaine? I would think so. The minute I accept it, I possess it. That is the grey area with handing the "assault weapon" to somebody that did not possess it prior to 10/1/2013. Is his holding the "assault weapon" considered possession. Since "possession" is not codified in COMAR or the statute, then you go to Black's Law Dictionary and other common definitions of possession to determine what it means. It would be exactly like the Chow case, but over the definition of possession instead of transfer.

Black's definition of possession is almost 2 pages in length, but I will give you the first blurb:

Possession: Having control over a thing with the intent to have and to exercise such control.

Later on, it states: A person who knowingly has direct physical control over a thing, at a given time, is then in actual possession.

 

[mopar92]

I'll just make sure at all times except for on a cold firing line my pinkie is touching it.

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[fabsroman]

I'll just make sure at all times except for on a cold firing line my pinkie is touching it.

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lol - problem solved. These are the laws we have to live with.

 

[Biggfoot44]

OK, the very generous MOPAR will be there in person with Grandfathered AR ( lower) to assist in the testing and sighting of said Bushmaster upper. Hats off to MOPAR.

In as much as the evil grandfathered lower will remain in his presence and supervision, I don't forsee much grey. After all this would be in line with Federal protocols for NFA items.

And for really wild card idea :
The OP could purchase ( or otherwise legally aquire) an AR *Pistol* lower . AR pistols are not Md required to be HBAR. He could then sight in a really long barrelled AR pistol . Leaving aside any recoil dynamics ( since 5.56 has negligible recoil) , the poi/poa for the 20in upper would be the same regardless of the lower.

( Yes, such a really long bbl pistol could be awkward off hand, but over sandbags or a rest would be no issue.)

 

[fabsroman]

OK, the very generous MOPAR will be there in person with Grandfathered AR ( lower) to assist in the testing and sighting of said Bushmaster upper. Hats off to MOPAR.

In as much as the evil grandfathered lower will remain in his presence and supervision, I don't forsee much grey. After all this would be in line with Federal protocols for NFA items.

And for really wild card idea :
The OP could purchase ( or otherwise legally aquire) an AR *Pistol* lower . AR pistols are not Md required to be HBAR. He could then sight in a really long barrelled AR pistol . Leaving aside any recoil dynamics ( since 5.56 has negligible recoil) , the poi/poa for the 20in upper would be the same regardless of the lower.

( Yes, such a really long bbl pistol could be awkward off hand, but over sandbags or a rest would be no issue.)

Is it still defined as a pistol when it has a 16"+ barrel on it, even though it does not have a stock? I'm just wondering and right now I am too tired to go looking for the answer.

 

[Blaster229]

handgun instructor. licensed by the state, certified by the NRA, MAG certified and trained by MASSAD AYOOB, DAVID KENIK, BEN KELKYE, JEANIE GRANT, CARLO PIRAZZI, TERRY ROBINSON, and to throw a few more in would just piss you off. rifles weren't my thing, then they were. they are now. questions?

special thanks to mopar92.

Not impressive.
Rifles are not your thing, but you're going to "assess" and function check one out for an extended period of time?
Know how to diagnose a problem with an AR and suggest a repair? Gotcha.
Someone who's advice is mediocre at best comes along and makes a suggestion you want to hear and you roll with it, even after two attorneys, (one who is a Maryland gun law expert) suggests otherwise.
Your thread here has been entertaining.

 

[Schipperke]

 

[bobthefisher]

I know this might not be completely applicable to this conversation, but I wrote a script to parse out the COMAR website into PDF format. MSP had one section as a draft copy in PDF format, but I didn't trust that copy. This way I can have it on my phone easier. I also have more specific law statute parsed out in PDF, but it has a shit ton of white-spaces making it not as efficient. I posted this on another thread I created a couple years ago, but the tiny-links have since expired due to inactivity.

View attachment MD COMAR 29.03.01 Weapons Regulations, Regulated Firearms.pdf
View attachment MD COMAR 29.03.02 Weapons Regulations, Handgun Permit Unit.pdf
View attachment MD COMAR 29.03.03 Weapons Regulations, Handgun Roster Board.pdf
View attachment MD COMAR 29.03.04 Weapons Regulations, Cease Fire Council.pdf

 

[clandestine]

Not impressive.
Rifles are not your thing, but you're going to "assess" and function check one out for an extended period of time?
Know how to diagnose a problem with an AR and suggest a repair? Gotcha.
Someone who's advice is mediocre at best comes along and makes a suggestion you want to hear and you roll with it, even after two attorneys, (one who is a Maryland gun law expert) suggests otherwise.
Your thread here has been entertaining.

 

[StantonCree]

I love threads like these!!!

Blaster I'd like to personally thank you for this mornings call out. Y'all know I love a good call out!

 

[lx1x]

So the op admitted he lacks law expertise.. and want to help his bil with a rifle. (Yes he didn't say he was expert on it either).

Couple good people answered and offered help.. (kudos to you btw.. this what make mds great).

And now we have couple that are high fiving each other like jocks in high school.

Nice!!

 

[clandestine]

Ill just joke with MPDC.

 

[POP57]

So the op admitted he lacks law expertise.. and want to help his bil with a rifle. (Yes he didn't say he was expert on it either).

Couple good people answered and offered help.. (kudos to you btw.. this what make mds great).

And now we have couple that are high fiving each other like jocks in high school.

Nice!!

Apparently if some of us don't agree or ask additional questions we are labeled as trolls. Others seem to get away with it freely. I'm in total agreement.

 

[StantonCree]

Welp the good news is at least Woodstock has thick skin and can take a joke

 

[POP57]

Welp the good news is at least Woodstock has thick skin and can take a joke

What was the joke???

 

[robmints]

What was the joke???

I believe they are teasing both Mopar and Woodstock on their collective lack of firearm knowledge.

 

[StantonCree]

What was the joke???

Blaster is razzing him about his creds

Mopar razzed him about his smoking emoji

I razzed him about his threads making me laugh

And from I've seen he takes it in good spirit and is A OK in my book......not that my book matters

 

[Blaster229]

No joke.
If one is a "Maryland instructor" of anything gun related, I expect that person to know GUN LAW.
I know the laws pertaining to my career. I'm not asking for advice on a forum about what I should know.
Unless that training "lambskin" is just a hobby, then I doubly expect that person to be keen on it. Since they don't do it "full time".