Posted: 4/11/2001 2:26:11 PM EDT
I own a Bushmaster DCM, NOT considered an assalt rifle in Maryland due to the 20" HBAR configuration. I just completed a 4473 and walked out with it. Here's the question:
Is it illegal to put a non-HBAR 20" A2 dedicated .22 upper from KKF on it?? The HBAR .22 upper in 20" A2 is $575 from KKF, more than I can afford. The non-HBAR 20" A2 is only $425. But is it legal?? Can anyone explain this to me? The State police just say that EVERYTHING IS ILLEGAL because they really don't know. And the only dealer around here won't touch an AR of any kind. Any informed answers would be appreciated.
I also posted this in the legal section looking for a straight answer from anyone who really knows. Thanks.
NO, it's not illegal.
The lower is the registered part of the gun.
Technically, it would probably be illegal for you to sell the gun with a non-HBar upper w/out going through an FFL, since this would be a Regulated Weapon configuration.
You can put any upper on it you want and I know a guy with the KKF upper and have shot it here in the Peoples Republik of Maryland.
Realistically, the only way to get caught is if you are in trouble anyway. As long as you still own the HBar upper, you can claim THAT is the weapon. The way it works in Maryland, virtually everything is illegal until you prove it's not.
I took a look through the 1996 Gun Violence act to see if it clarifies anything. It doesn't. The cops are just making things up. Try the Waterloo Barracks at 410-799-0191 ext 324.
If it's a .22LR, is it really even an AR-15 at that point? How about a 50 BMG upper?
They do make it fun, don't they?
You are well within your 2nd Amendment rights to build and own whatever you want.
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"Technically, it would probably be illegal for you to sell the gun with a non-HBar upper w/out going through an FFL, since this would be a Regulated Weapon configuration"
Thats exactally the catch-22 I don't want to get caught up in. Am I creating a "regulated weapon" by installing the non-HBAR upper, thus committing a crime?
Also a good point about it even being an AR15 with the .22 upper, but I think so, since as you say, it's the lower thats registered.
I just spoke with a friend from SCSC here in Md. He's got an FFL, and said something simular to what you say. It "could" be illegal depending on who's doing the checking, but, unless I'm in trouble for something, nobody will be looking.
This really sucks. I'm trying to do the right thing, and can't because nobody REALLY knows whats right. I hate Md.
My philosophy of operating here in occupied territory is simple:
They are going to get you if they want to. It doesn't matter how legal you are, they will just arrest you and press charges and let you fight it out in court.
Consequently, stay out of trouble, follow the law the best you can, and have a logical leg to stand on just in case.
I personally wouldn't hesitate to buy the upper. It's just a little .22 LR, just like a Ruger 10-22. You still have the DCM upper you bought with the gun, so it's still an original configuration. I think you could easily defend your position if you had to. It's so improbable that you would have to anyway.
Sorry, I don't think we have any definite answer. Try the Waterloo barracks at the number I gave you. My buddy got a pretty cool Lt. that called an FFL and made them release a weapon to him. That Lt. seemed fairly pro-gun.
X_ring: I dont see why it should'nt be legal, you dont have to reg. uppers, only lowers
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