Shouldn't be waiting forever, MSP told dealers to do 8-day release.
Seems like some dealers are doing that and some aren't. The one i got my SR556 from said it would be months.
Shouldn't be waiting forever, MSP told dealers to do 8-day release.
make sure at least one of your lowers is built in "naughty" configuration before the cut-off. Then you can build/buy as many uppers in whatever lawful configurations (i.e. non-NFA unless you have a tax stamp for the lower) you want, because you have a lower any one of them could go on. then an HBAR-style upper for anything that isn't.
as long as you have AT LEAST one completed in naughty configuration before the cut-off date, it would be impossible to say "beyond a reasonable doubt" that you intended to violate the law, as you enjoyed mixing things up and not taking the same gun(s) to the range every time. so you wanted different configurations.
Do you know many people that bought that combo in 2 days? lol yeah its me
According to your post, the firearm has to be "fully assembled" and the drop-in parts have to be "replacement" parts. Frankly, with that said, I am above the opinion that the federal and state laws have little to do with each other on this point. Manufacturing is not prohibited by the new law. Possession is. The only relevant question is whether the AG will consider a stripped lower to be one firearm and then consider that same lower to be a completely different firearm when fully assembled. If they do that, then their position is that you are within your rights to build it, but you are violating the law by possessing this new prohibited firearm that you did not own before 10/1. The way to solve this problem is very simple. Complete all your lower before 10/1. Buy one upper with every banned feature you can get on it and take detailed photos with it on every lower you have. The more barrel lengths and types you do this with, the more options you will have with that lower going forward. THIS IS NOT LEGAL ADVICE.OK, so I followed your advice and Googled the ATF definition of manufacturing. Quoted from http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-10.htm
"Manufacturing
ATF’s long-standing position is that any activities that
result in the making of firearms for sale or distribution, to include
installing parts in or on firearm frames and receivers, and processes that
primarily enhance a firearm’s durability, constitute firearms manufacturing
that may require a manufacturer’s license. In contrast, some activities are
not firearms manufacturing processes, and do not require a manufacturer’s
license. For example, ATF Ruling 2009-1 (approved January 12, 2009) explained
that performing a cosmetic process or activity, such as camouflaging or
engraving, that primarily adds to or changes the appearance or decoration of a
firearm is not manufacturing. Likewise, ATF Ruling 2009-2 (approved January
12, 2009) stated that installing “drop-in” replacement parts in or on existing,
fully assembled firearms does not result in any alteration to the original
firearms. Persons engaged in the business of these activities that do not
constitute firearms manufacturing need only obtain a dealer’s license.
Although installing parts in
or on firearms, and applying special coatings and treatments to firearms are
manufacturing activities, the definition of “manufacturer” in 18 U.S.C.
921(a)(10) and 27 CFR 478.11 also requires that a person be “engaged in the
business” before the manufacturer’s license requirement of section 923(a)
applies. Thus, a person who manufactures a firearm will require a
manufacturer’s license if he/she devotes time, attention, and labor to such
manufacture as a regular course of trade or business with the principal
objective of livelihood and profit through the sale or distribution of the
firearms manufactured. If the person is performing such services only for
a customer on firearms provided by that customer, and is not selling or
distributing the firearms manufactured, the person would be a “dealer” as
defined by 18 U.S.C. 921(a)(11)(B) and 27 CFR 478.11, requiring a dealer’s
license, assuming the person is “engaged in the business” as defined in 18
U.S.C. 921(a)(21)(D) and 27 CFR 478.11 (i.e., “gunsmithing”).""
So, if an individual is NOT making firearms for sale or distribution, how is the assembly of AK or AR from a lower receiver considered BANNED under existing ATF rulings? Can you point to another ATF ruling that contradicts the definition of manufacturing?
yes actually everyone that bought a AR15 is now buying AR 10s lol
According to your post, the firearm has to be "fully assembled" and the drop-in parts have to be "replacement" parts. Frankly, with that said, I am above the opinion that the federal and state laws have little to do with each other on this point. Manufacturing is not prohibited by the new law. Possession is. The only relevant question is whether the AG will consider a stripped lower to be one firearm and then consider that same lower to be a completely different firearm when fully assembled. If they do that, then their position is that you are within your rights to build it, but you are violating the law by possessing this new prohibited firearm that you did not own before 10/1. The way to solve this problem is very simple. Complete all your lower before 10/1. Buy one upper with every banned feature you can get on it and take detailed photos with it on every lower you have. The more barrel lengths and types you do this with, the more options you will have with that lower going forward. THIS IS NOT LEGAL ADVICE.
I'm not going to debate who can prove what with you. I'm just talking about what the law is. This question of MD 10/1 law has nothing to do with ATF. It is strictly a MD legal question. I for one, am not going to take a "let them prove it" attitude. My approach is "I have proof that I'm within the law."Again, the above definition applies to manufacturing for the purpose of sale or profit. An individual is not manufacturing if he isn't going to sell what he assembles. There may be other areas of the ATF rulings regarding not for profit assembly, but I was unable to find any evidence of this using Google. My challenge to armed ferret was to provide some evidence that the ATF considered an individual with a legally registered lower from assembling the upper, banned configuration or not, after 1 OCT. But if you are going to argue this is considered manufacturing, then you have to look at the ATF definition of manufacturing. If this isn't your normal trade or you aren't building these from receivers for the purpose of profit, then the ATF does not consider that manufacturing. Additionally, there is another thread on this forum that does give the AG interpretation that any receiver ordered prior to 1 OCT can be delivered to the purchaser. I don't recall if it stipulated the receiver could not then be assembled into a full up firearm.
But I do understand your point about assembling the evil banned black assault weapon configuration prior to 1 OCT. Again, my opinion is that this assembly is not prohibited and there would be virtually no way for the MSP to know when you assembled or what configuration you first assembled it unless you take pictures and mail them to the MSP with a note that says, "hey looky what I just did".
I'm not going to debate who can prove what with you. I'm just talking about what the law is. This question of MD 10/1 law has nothing to do with ATF. It is strictly a MD legal question. I for one, am not going to take a "let them prove it" attitude. My approach is "I have proof that I'm within the law."
So when are you getting yours? Scott has that DPMS for $1100. I was gonna get that but the CMMG was far and away a better gun and worth the extra coin.
I do love our state. So, looks like the worst case scenario is that we'd have to build HBARs if they aren't built before the cut-off.
I really want to pick up a tavor before October, I'm waiting for my dealer to get a fde one in stock and i think that would be my last big purchase. I'm buying a fnx tactical with rmr this week also that was to good of a deal pass on...the only gun i might regret not buying is the Romanian psl at lous.
This is the main reason i built out all my spare ar receivers to complete and attached one of my uppers to each one to cover myself before oct 1. That way they were all in a ban configuration and i can't be accused of manufacturing the wallet took a beating on buying lpk/stocks.
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Seems like some dealers are doing that and some aren't. The one i got my SR556 from said it would be months.
Is there a way to ignore all posts by people who joined the forum in 2013? Like as in they don't even show up on my screen.
not *ALL* the '13 members are worthy of ignore list. just most.
that said, i don't know of a way to blanket-ignore. just have to add each individually as you come across them.
Sorry to hi jack a bit but it seems the issue is building vs manufacturing with the ak's but how would it work if you bought the reciever and parts kit and had it sent out to a manufacturer to be built after Oct 1? Is that going to be allowed or is there a clear answer to that?