selling now banned firearms

GTOGUNNER said:

Edited for your eyes..
the last paragraph says it.

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Lol, thanks. Much easier to read now

Here is the section concerning dealers and out of state sales/law enforcement supply. FFL's can still receive and possess assault weapons, but only if they are being sold out of state or somehow tied in to being provided or sold to law enforcement.

'§4–302.
This subtitle does not apply to:
(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;
(2) a firearm modified to render it permanently inoperative;

(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;

(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or

(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
(6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:
(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or
(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;
(8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article; or
(9) possession, receipt, and testing by, or shipping to or from:
(i) an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems."

Thanks zoo. I knew this had been gone over and sorted out, just not good at finding citations.

I'll agree that an FFL can transfer an assault weapon. What they can't do is have them in inventory. So basically they can't have them.

Zoo nailed it. Legal for dealers. If I had one to sell I would put it on Gunbroket for the best money. You won't get anywhere near as much money by selling to a dealer

GTOGUNNER said:

I'll agree that an FFL can transfer an assault weapon. What they can't do is have them in inventory. So basically they can't have them.

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As long as they are acting to sell them out of state, they are fine I believe, which would include inventory on hand. But it's not worth arguing over for me. I would suggest if anyone is really invested in this question they check w/ MSP since I am not a lawyer and haven't stayed at a Holiday Inn for months.

If its an AK that you simply can't replace like an AR later with an HBAR then Just don't.

zoostation said:

As long as they are acting to sell them out of state, they are fine I believe, which would include inventory on hand. But it's not worth arguing over for me. I would suggest if anyone is really invested in this question they check w/ MSP since I am not a lawyer and haven't stayed at a Holiday Inn for months.

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I think we agree,,my friend, not arguing..
I just don;t think Joe Blow FFL can order 10 Colt 6920s and hold on to them for possible future transfer out of state or to LEO.

GTOGUNNER said:

I think we agree,,my friend, not arguing..
I just don;t think Joe Blow FFL can order 10 Colt 6920s and hold on to them for possible future transfer out of state or to LEO.

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I think they can. Just would not be a wise business decision money wise

Alexp08 said:

Say I wanted to sell a firearm that is now banned to purchase but not own in MD. Am i allowed to sell it to an out of state gun store or private party or has MD restricted residents from selling now to ?

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I am so glad I moved to Tennessee and no longer have to worry about this crap .

Thanks
Robert

rmiddle said:

I am so glad I moved to Tennessee and no longer have to worry about this crap .

Thanks
Robert

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Keep your regulated pre ban firearms. If you aren't leaving MD then they can't be replaced. Sell something else for cash. My opinion.

Applehd said:

In the case of an AR... You can sell(transfer) the lower, but then it can only be re-configured as a pistol or be fitted with an HBAR upper afterward. Then sell the pre-ban upper... I know... Pain in the ass...

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You cannot make the lower into a pistol if it started as a rifle. Against Federal law.

You could put an HBAR upper on the lower, and sell it face to face. Then sell the non-HBAR upper to anyone, no FFL needed.

GTOGUNNER said:

I think we agree,,my friend, not arguing..
I just don;t think Joe Blow FFL can order 10 Colt 6920s and hold on to them for possible future transfer out of state or to LEO.

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Then I guess these guys are in jail now?

https://www.atlanticfirearms.com/

Pinecone said:

Then I guess these guys are in jail now?

https://www.atlanticfirearms.com/

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I think they have a Manufacturer FFL. just as Beretta does. They are exempt as the law says.

They were in Annapolis helping our side when all this crap went down.

Soooo i just called the state police down in pikesville and they said the only way to sell a now banned firearm is to a FFL that is out if state.

Here's hoping someone writes a completely unnecessary letter to AG Frosh requesting clarification to make sure everyone is screwed - not just non FFLs.

Alexp08 said:

Soooo i just called the state police down in pikesville and they said the only way to sell a now banned firearm is to a FFL that is out if state.

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Yeah, because they know what they're talking about. You can't get a straight answer (or at least the same one twice) about anything...

Alexp08 said:

Soooo i just called the state police down in pikesville and they said the only way to sell a now banned firearm is to a FFL that is out if state.

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not a lawyer, not a Marylander and didn't stay at holiday inn, but you can sell to anyone outside of MD, doesn't have to be sold TO a FFL, but of course does have to go THROUGH a FFL in the buyer's state.

GTOGUNNER said:

I think they have a Manufacturer FFL.

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So they are manufacturing the stuff they sell????

The point is, there are FFLs that deal in MD banned firearms, in MD, but are legally fine, as they go out of state.