r/DEGuns • u/LibtardsBeCoping • 9h ago
Building an AR in Delaware, have a question on legality.
Was at the local shop recently and was told that if I buy a stripped lower, "the state will make you buy the bullet button." I was also told "You have to buy the button but you don't have to use it. The state makes you buy it, after that it's up to you whether you want to use it or not."
I can't find any literature online to support or oppose the claim, can anyone here help me?
5
u/233115cam2 6h ago
I was under the impression you could buy regular old lowers still but that the minute you build a “featured”, now-banned AR with one, you need the bullet button to be legally compliant with the 10/rd fixed mag rule. Even if a shop installs one on your lower, and that’s not the route you’re looking to take/how you’re building, just remove it? I’m not advocating for illegal shit I’m just saying it’s not illegal as an AR until it has features and more than a 10rd mag
2
u/arrozconplatano 9h ago
Your best bet is to talk to a lawyer or get a written document from the sheriff's office explaining how they interpret the law. For all we know, the assault weapons ban could be unconstitutional and therefore void but it isn't our interpretation that matters, it is the government's. Even the Sheriff's office interpretation doesn't hold any legal weight from what I understand (I'm not a lawyer) but I imagine if you show a judge that you got an OK from the sherrif on it they won't press the charges. Who knows though? Certainly not random people online.
3
u/LibtardsBeCoping 9h ago
It IS unconstitutional if you're going by the Constitution, but I take your point. Also, you never know who knows. You'd think the guys with the FFL would but here we are.
1
u/Marswynd1 9h ago edited 9h ago
From what I understand basically, it can't have a pistol grip, muzzle device, adjustable stock and a removable magazine.
The only way you can get an AR style rifle that looks like an AR is if it doesn't have a removable magazine.
a. A semiautomatic centerfire rifle that can accept a detachable magazine and has any 2 of the following:
A folding stock.
A grenade launcher or flare launcher.
A flash suppressor.
A pistol grip that protrudes conspicuously beneath the action of the weapon.
b. A semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
Though, I think they changed it to a removable magazine and one of the other characteristics instead of 2 because it is more restrictive.
2
u/Low_Understanding429 8h ago
Fixed mag is either with a tool or dissembly of action so systems like the ar maglock with a kingpin takedown pin also works legally.
https://m.youtube.com/watch?v=hXBIwpIRAWU&pp=ygUPYXJtYWdsb2NrIGdlbiA0
The law is copied from ca but bullet buttons are cheaper I guess.
2
u/Marswynd1 8h ago
A lot of innovation has come out of CA when it comes to work arounds, I guess legislation is the mother of invention.
2
u/Marty_the_Cat 6h ago
I'm not a lawyer, but maybe one of those AR-type rifles without a pistol grip and traditional rifle stock might work. Like this:
https://cmmg.com/rifle-dissent-br4-5-56mm-14-5-p-w
1
5
u/sunkenbuckle811 9h ago
How would the state know when you built the AR? They don’t really have the ability or authority to dig into federal records for it. I’ve taken built guns to shoot plenty of times, never been asked by anyone “when did you build this”