AnAppealToHeaven02
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- Feb 15, 2024
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I wanted to get information on Maryland laws on buying short-barrel rifles. I was hoping someone with experience in Maryland could advise me on the process. Thank you
I wanted to get information on Maryland laws on buying short-barrel rifles. I was hoping someone with experience in Maryland could advise me on the process. Thank you
Thank you for your help. Is there a resource that allows me to look at all the laws and restrictions?SBR's are a federally restricted NFA item, you must submit either of the following:
Form 1: Application to Make and Register a Firearm. Filed by an individual or entity to get approval to make and register an NFA firearm.
OR
Form 4: Application for Tax Paid Transfer and Registration of a Firearm. Filed by a qualified federal firearms licensee to transfer to an individual or other entity (non-licensee)
There is a $200 Tax to be paid in either case. There are other forms that can be used for specific situations, but the two most common are Form 1 and 4.
Purchasing or making an SBR without submitting the correct forms for the instance is punishable as follows:
Unlawful possession of an unregistered SBR is punishable by up to 10 years’ imprisonment or $10,000 in fines, or both. (26 U.S.C. 5861(d), 5871).
Whether one can legally own NFA items can be subject to state laws as well, but the federal oversight above every regular citizen has to follow for NFA.
My quick google search leads me to believe that NFA items are permitted in the state of Maryland but would need to go through the correct channels both federally and state to be legal. Maybe someone with some knowledge of Maryland specific firearm laws will come by and provide some links or further clarification on state law.
Previously, it appears that MD may have treated all SBR as "handguns" (until 2013 or so) but that has been addressed here [emphasis added]:§5–203.
(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(1) the person, while on official business is:
(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
(ii) a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
(iv) a warden or correctional officer of a correctional facility in the State; or
(v) a sheriff or a temporary or full-time deputy sheriff; or
(2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
§5–401.
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Handgun Roster Board.
(c) (1) “Handgun” means a pistol, a revolver, or any other firearm capable of being concealed on the person.
(2) “Handgun” does not include a shotgun, a rifle, a short–barreled rifle, a short–barreled shotgun, or an antique firearm.
(d) “Handgun roster” means the roster of authorized handguns compiled by the Board under § 5–405 of this subtitle.
(e) “Secretary” means the Secretary of State Police or the Secretary’s designee.
§4–301.
(a) In this subtitle the following words have the meanings indicated.
(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the Public Safety Article.
(c) “Assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:
[listing of items (1)-(15)]
(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.
[items (e) through (g) elided for clarity]
(h) (1) “Copycat weapon” means:
(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
1. a folding stock;
2. a grenade launcher or flare launcher; or
3. a flash suppressor;
(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
(v) a semiautomatic shotgun that has a folding stock; or
(vi) a shotgun with a revolving cylinder.
(2) “Copycat weapon” does not include an assault long gun or an assault pistol.
§5–101.
(a) In this subtitle the following words have the meanings indicated.
[(b) through (q) elided for clarity]
(r) “Regulated firearm” means:
(1) a handgun; or
(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:
[list of 45 named makes & models, elided for clarity]
Thank you this is exactly what I was looking for!This being Legal, we have something of a requirement to post and cite the actual statute, rather than supposition.
DuckDuckGo got me here: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gps§ion=5-203&enactments=false
Specifically [snip, emphasis added]
Previously, it appears that MD may have treated all SBR as "handguns" (until 2013 or so) but that has been addressed here [emphasis added]:
So, that could be 'good' in that an MD resident merely must needs follow the Federal NFR rules for such thing, and wait for the Tax Stamp.
Now, there's some OAL issues for centerfire but not rimfire (if I'm reading this correctly)
So [snip, emphasis added]
So, let's go to § 5–101(r)(2)
So, that may put the kibosh on an SBR as a centerfire 'assault weapon" as a "copycat" weapon.
Maybe. YMMV
That's in the Statutes under Definitions:SBR have to be 29 inches overall. State police interpretation of MD law.
Which is in the Assault Weapons definitions.§4–301 (h) (1) (i) (iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
§5–203.
(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.