Questions about CJIS, 80% lowers, and AR Pistols

[Vjornaxx]

I have some questions about interpreting the law as referenced from CJIS.

Here's what I know:

An AR pistol is a pistol and not a rifle.

As long as someone owns the tools, drills/mills an 80% themselves, and always remains the owner of the finished lower, there is no need to serialize and register the finished lower.

CJIS is not "THE LAW," it's more of a summary of the law for each crime with references to the actual law.

CJIS 2_5212 concerns the possession of unregistered short barreled rifles and shotguns.

2_5212 is the applicable crime committed from violating 5-203(a)

CJIS 2_5212 say this:

NOTE: Rifle means a weapon designed or redesigned made or
remade and intended to be fired from the shoulder and to use
the energy of the explosive in a fixed metallic cartridge to fire
only a single projectile through a rifle bore for each single pull
of the trigger.

5-203 does not have a definition of a short barreled rifle.

Here's where I'm confused:

The note in CJIS doesn't make the distinction between a pistol or rifle with regards to a lower, it simply says "...a weapon designed or redesigned..." This sounds to me like it could be interpreted to mean that the test is not how a lower is categorized (rifle or pistol), but that if the final product is or is not a "weapon."

Questions:

Where do the notes in CJIS come from?

Is my interpretation correct?

If so, would this mean that any legally completed 80% AR made into a pistol be required to be registered?

 

[FrankOceanXray]

Speak to an attorney of your choice for such delicate matters.

 

[Magnumst]

I don't know the answer but please don't ask MPS. They will just send out an advisory and it will say yes.

 

[teratos]

I have some questions about interpreting the law as referenced from CJIS.

Here's what I know:

An AR pistol is a pistol and not a rifle.

As long as someone owns the tools, drills/mills an 80% themselves, and always remains the owner of the finished lower, there is no need to serialize and register the finished lower.

CJIS is not "THE LAW," it's more of a summary of the law for each crime with references to the actual law.

CJIS 2_5212 concerns the possession of unregistered short barreled rifles and shotguns.

2_5212 is the applicable crime committed from violating 5-203(a)

CJIS 2_5212 say this:



5-203 does not have a definition of a short barreled rifle.

Here's where I'm confused:

The note in CJIS doesn't make the distinction between a pistol or rifle with regards to a lower, it simply says "...a weapon designed or redesigned..." This sounds to me like it could be interpreted to mean that the test is not how a lower is categorized (rifle or pistol), but that if the final product is or is not a "weapon."

Questions:

Where do the notes in CJIS come from?

Is my interpretation correct?

If so, would this mean that any legally completed 80% AR made into a pistol be required to be registered?

I have built a couple of 1911's and a Glock from 80%'s. They are not serialized and never will be. They do not have to be serialized unless I sell them. The same should go for an 80% AR pistol.

 

[swinokur]

A lower is described by MSP as a firearm.

Neither a pistol or a rifle.
.

 

[Vjornaxx]

A lower is described by MSP as a firearm.

Neither a pistol or a rifle.
.

Thank you. That's a very helpful PDF.

 

[swinokur]

That's what this forum is all about.

Users helping users.

 

[swinokur]

BTW under MD law 5-101 an SBR is defined as a handgun

 

[Vjornaxx]

BTW under MD law 5-101 an SBR is defined as a handgun

(n) Handgun.-

(1) "Handgun" means a firearm with a barrel less than 16 inches in length.

(2) "Handgun" includes signal, starter, and blank pistols.

OK, that's really confusing.

So Joe Citizen makes an SBR, Maryland considers this a handgun rather than a SBR? Or is this more of a situation where the wording is unclear and the state just treats it like a normal SBR?

 

[swinokur]

A firearm with a barrel of less than 16 inches.

It says firearm, so that includes handguns and any firearm with a barrel of less than 16 inches.

MD did fix the stupid roster law so an SBR does not have to be on the roster to be sold. I had this issue when I bought my Engage lower before they changed the law.Engage had to submit it to the Roster Board.

Still need an HQL though.

 

[swinokur]

MSP says an SBR is subject to both the pistol requirements and the copycat provision at the same time, including the transport statute 4-203

Section VI has been invalidated by a change in the statute.
.

 

[outrider58]

BTW under MD law 5-101 an SBR is defined as a handgun

And as such, if you are making it- no HQL

If you are buying one already made- yes HQL