Maryland laws on short barrel rifles

[AnAppealToHeaven02]

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

 

[BreechFace]

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

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.

 

[AnAppealToHeaven02]

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.

Thank you for your help. Is there a resource that allows me to look at all the laws and restrictions?

 

[CapnMac]

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&section=5-203&enactments=false

Specifically [snip, 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.

Previously, it appears that MD may have treated all SBR as "handguns" (until 2013 or so) but that has been addressed here [emphasis added]:

§5–401.

(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.

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]

§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.

So, let's go to § 5–101(r)(2)

§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]

So, that may put the kibosh on an SBR as a centerfire 'assault weapon" as a "copycat" weapon.

Maybe. YMMV

 

[AnAppealToHeaven02]

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&section=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

Thank you this is exactly what I was looking for!

 

[KristopheCraig]

SBRs are regulated under the National Firearms Act (NFA) at the federal level. To legally purchase an SBR, you must first complete a thorough background check and submit an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) using Form 4. Additionally, you will need to pay a $200 tax stamp fee for each SBR. In addition to federal regulations, Maryland has its own laws regarding firearms. It's essential to familiarize yourself with Maryland's firearms laws and regulations to ensure compliance.

 

[Jerry M]

My understanding is that New center fire SBR have to be 29 inches overall. State police interpretation of MD law.

 

[CapnMac]

SBR have to be 29 inches overall. State police interpretation of MD law.

That's in the Statutes under Definitions:

§4–301 (h) (1) (i) (iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;

Which is in the Assault Weapons definitions.

There is an apparent conflict between 4-301 and 5-203

§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.

Which suggests that under 29" LOA, but with proper NFA paperwork is legal, as it would not be an "Assault Weapon" per 4-301.

Which probably means it would need to be argued in court to resolve the gray area. Which would need "standing" which would require, like as not, somebody getting arrested and tried. Which is not an ideal situation, especially for those making NFA applications.

 

[Ohen Cepel]

I would suggest reading some on maryland shooters forum, as well as the laws stated above.

I am pretty sure that it must be at least 29" over all even if you do have the NFA paperwork on it. md is a rough state for firearms.

 

[Jerry M]

^ This

 

[Mike OTDP]

Ohen is right. A centerfire SBR has to be 29 inches overall...with the stock extended. For an AR-based SBR, this works out to about an 11-inch barrel.

I will say that the Maryland State Police has been decent about the whole arm brace business - they are considering a braced pistol to be a braced pistol even if you had to get SBR paperwork for it.