My New Stripped Lower and the MD Firearms Control Act of 2013

[Sheepdog6]

I recently purchased a stripped lower receiver in anticipation of coming legislation. However, I am concerned that the latest moves by the left in MD (SB 281 and HB 294) will interrupt my plans of an AR15 build for my wife. So here is my question:

If I receive the stripped lower receiver prior to 01OCT2013, even if I don't buy any other parts or assemble the parts before then, will it still be grandfathered in? Will I still be able to legally build the AR or will I be stuck holding onto a useless lower that I won't be able to attach anything to?

Thank you in advance for your help

 

[Bob A]

We don't have a bill yet, so your question is essentially unanswerable at this time.

I too have a stripped lower; I plan on buying the parts to complete it before October. I would recommend doing likewise, but I'm only basing it on my personal situation and opinion.

 

[dlmcbm]

From my reading of it once you have it and it is registered you can still do as you please with it. If this passes and I had a rifle that was not an AW but could be made to one I would register it just so I had that option.

 

[Infantry23]

Ok, you only have to register the lower. In theory, you could buy the other parts at any time, out of state or in, given as a gift by family, etc.... and it doesn't matter b/c these other parts are not regulated. IANAL, but unless I'm missing something it's still the lower that they care about. You can get the other parts anywhere and assemble at your leasure... especially since the lower is the only part considered a "weapon."

 

[ENT Shooter]

The lower is the gun. So stripped lowers, while you can buy them is the only way to assure that your wife can have her AR here. The upper parts and such are not serialized so they are free range.
The mags are a bit tricky. I likely will take a picture of my mags in a way that time stamps them to a certain time. Not sure how right now. The photos would be a get out of jail free card so to speak.
Anyway don't worry so much. The showing in Annapolis was massive. If the delegates pass this in the face of such overwhelming opposition they are surely not long for office, as they do not represent their constituents at all.
We are the sovereigns of this shindig, we will work around whatever they decide to do.
Keep your head held high.

 

[Texas2012]

We don't have a bill yet, so your question is essentially unanswerable at this time.

I too have a stripped lower; I plan on buying the parts to complete it before October. I would recommend doing likewise, but I'm only basing it on my personal situation and opinion.

Bob is correct. Since we don't have finality on what law, if any, will be passed any advice is conjecture. That said, you may want to buy a LPK (pistol grip, feature 1) and collapsible stock (feature 2) to install on the lower, which may help your case. Just my 2 cents...

I've had luck on Amazon with getting in-stock LPKs for a small bump in price.

 

[MDGolom]

When I read the latest version of the bill, you're not required to register an "assault Long gun" if it's previously been registered with the MSP. The problem is a stripped lower on the 77r shows as a receiver and not a rifle. The question still needs to be answered on everything passed, but as of now, to me, it sounds like you would need to register the final weapon to be grandfathered. As usual, IANAL

 

[Sheepdog6]

Wow, that was a really fast response. Thank you so much for all of your input.

Bob A and Texas, the senate has already passed the bill and the house currently has a proposal that is identical to the senate bill. I admit that I could read these myself, but legalese turns me cross-eyed and I can't make head-nor-tails out of laws that ramble for hundreds of pages to say something that could be summed up in a few short paragraphs. I was hoping that those who are wiser and more knowledgeable in the dark arts that is... dundundunnnnn... LAW!

Sorry, had to indulge in a little bit of tongue-in-cheek there, but seriously I would appreciate any more clarification that anybody who has a clear understanding of how this law will affect me if it gets passed could give me.

On a slight side note... What chance do you think that this law has of actually passing? If it does get passed, will it get appealed and will that delay it from getting actually implemented into law? I'm fairly fuzzy on legal matters, as you can tell.

 

[Clashmore Mike]

On a slight side note... What chance do you think that this law has of actually passing? If it does get passed, will it get appealed and will that delay it from getting actually implemented into law? I'm fairly fuzzy on legal matters, as you can tell.

An appeal would be a legal challenge in the courts, which I imagine would be filed within five minutes of the law passing. Hopefully we get a judge that issues an injunction against enforcement until the courts hash it out.

Thanks for asking the above question...that is now my plan as well. Need to find an FFL around me that is performing transfers.

 

[fabsroman]

The way I am looking at this, is that a stripped lower was considered an Assault Weapon and regulated firearm prior to SB281. SB281 really does not change this definition very much. The definition of Assault Long Gun in the Criminal Article is based upon the old definition of Assault Weapon in the Public Safety Article, of which the Colt AR-15 and copies of it by other manufacturers is listed. It is essentially the same list as has been around since 2004 and it doesn't appear that SB281 makes any change to that list other than the heading letter. Again, since a stripped lower has been considered a regulated firearm that had to be registered with the MSP prior to SB281, I am taking the position that this will be sufficient even if SB281 passes. Prior to SB281, you did not have to re-register your lower/firearm once you built it or modified it in any manner.

If you really are worried about it, the entire "built" requirement would be so easy to get around. Find a buddy to let you borrow some hardware from his AR to build yours up. You could build up the lower and then just borrow an upper from a buddy. Knock out a couple pins, put the upper and pins in your lower, and go get it registered. Rinse and repeat for the next buddy.

 

[Blaster229]

The lower is the gun. So stripped lowers, while you can buy them is the only way to assure that your wife can have her AR here. The upper parts and such are not serialized so they are free range.
The mags are a bit tricky. I likely will take a picture of my mags in a way that time stamps them to a certain time. Not sure how right now. The photos would be a get out of jail free card so to speak.
.

A dated newspaper. Proof of life so to speak.


Sent from somewhere in the world.

 

[Biggfoot44]

The Md bill hasn't been passed , or finalized , so pure speculation.

Under the Federal '94 AWB , it did make a difference. A bare reciever or a firearm origionally in "non-scaryal configuration had to have been converted into "scary" al configuration proir to the effective date in '94 to be have been Grandfathered.

 

[Zyvo]

The way I am looking at this, is that a stripped lower was considered an Assault Weapon and regulated firearm prior to SB281. SB281 really does not change this definition very much. The definition of Assault Long Gun in the Criminal Article is based upon the old definition of Assault Weapon in the Public Safety Article, of which the Colt AR-15 and copies of it by other manufacturers is listed. It is essentially the same list as has been around since 2004 and it doesn't appear that SB281 makes any change to that list other than the heading letter. Again, since a stripped lower has been considered a regulated firearm that had to be registered with the MSP prior to SB281, I am taking the position that this will be sufficient even if SB281 passes. Prior to SB281, you did not have to re-register your lower/firearm once you built it or modified it in any manner.

If you really are worried about it, the entire "built" requirement would be so easy to get around. Find a buddy to let you borrow some hardware from his AR to build yours up. You could build up the lower and then just borrow an upper from a buddy. Knock out a couple pins, put the upper and pins in your lower, and go get it registered. Rinse and repeat for the next buddy.

I hope this is the case. I have a stripped lower and lpk. I also have stock on order. I don't really have the funds to complete the build right now. I'm hoping that having the lower registered prior will be enough.

 

[Gbh]

I see no reason why you would have to complete the build before Oct. 1.
The frame is serialized. If it is on file with MSP, you're grandfathered.

The AR15 is the "Mr. Potato Head" of rifles. Accessories, uppers, etc. for AR's are always being purchased and swapped out by owners as time goes on. So I ask, are AR's ever really "completed"?

Now back to the task at hand. STOPPING this bill from becoming law.

 

[jr88]

The lower is the gun. So stripped lowers, while you can buy them is the only way to assure that your wife can have her AR here. The upper parts and such are not serialized so they are free range.
The mags are a bit tricky. I likely will take a picture of my mags in a way that time stamps them to a certain time. Not sure how right now. The photos would be a get out of jail free card so to speak.
Anyway don't worry so much. The showing in Annapolis was massive. If the delegates pass this in the face of such overwhelming opposition they are surely not long for office, as they do not represent their constituents at all.
We are the sovereigns of this shindig, we will work around whatever they decide to do.
Keep your head held high.

Digital Camera dates can be modified, newspapers only prove realtime.
Best way to prove past ownership is to take photos of the item and yourself.
Then mail it to yourself "Certified", keep the unopened dated photos as proof.

 

[gungate]

The Md bill hasn't been passed , or finalized , so pure speculation.

Under the Federal '94 AWB , it did make a difference. A bare reciever or a firearm origionally in "non-scaryal configuration had to have been converted into "scary" al configuration proir to the effective date in '94 to be have been Grandfathered.

I also think they are going to interpret that a stripped lower is not considered a completed firearm and not allow it to be grandfathered. There is a difference on the registration form and they will use this to their advantage. Banning stripped lowers will remove probably 1000s more of the preferred weapon for those that would fight tyranny, and that's the end game right?

I suspect they will need to "see" the completed firearm in those cases where it was registered as just a receiver.

 

[ENT Shooter]

Digital Camera dates can be modified, newspapers only prove realtime.
Best way to prove past ownership is to take photos of the item and yourself.
Then mail it to yourself "Certified", keep the unopened dated photos as proof.

Excellent jr88, Thanks.
Probably will build up stripped several lowers to 2 evil specs. Basically grip and CTR stocks. Then wait until money and availability permits for upper build. Agree that nothing is written in stone.
At the testimony yesterday, some delegate proposed a amendment that they requires the FFL to read and initial the MSP-77R with the applicant. This is to assure that the buyer can no longer have deniability regarding what they are attesting to- and thus be more apt to be able to be prosecuted if they are lying.
If this bill passes into law, as difficult to understand as it is, then their may be wiggle room in it's difficulty for citizens to interpret their requirements.

 

[IndispensableDestiny]

There is a difference on the registration form and they will use this to their advantage.

What is the difference?

 

[gungate]

What is the difference?

Actually I don't know but I thought when I registered my 10 lowers at once that my FFL said they would be registered as receivers only. I can't find the paperwork but hopefully I am wrong and there is no way to tell what was registered.

 

[Viking Brother]

I guess I have gone a bit further down the rabbit hole on all of this.
My thinking is:
1.) If over 1000 citizens stayed till the wee hours of the morning to speak out against this proposed law and a few dozen spoke in favor of it, and it is passed (in whole or watered down), representative government and the rule of law is OVER. We are now being ruled by naked force, overtly.
2.) Our so called leaders ONLY have power when enforcing the laws enumerated by the constitution. Outside of that, they have no standing or power.

Perhaps this sounds like bravado. We shall see.

As such, I will not care what is registered or not. Nor will I try to connive some sort of work around with photos and newspapers or rigging up a lower with some borrowed parts to play their game.

If you are still willing to play by their rules, if this bill passes, what will it take to make you understand that they can simply change the "rules" tomorrow?
We all have our personal breaking points. I am done. No more. This is not negotiable or up for discussion. Even a "watered down compromise" is unacceptable. Period. I have let them take too much.

When they come to raid my home and take me away from my family or take my weapons, perhaps that is what it will take to wake people up. Playing their game denotes validity. I am not playing anymore.