Slightly different transfer question, I think

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The point is, if you don't know, don't post. And you answer #2 is a violation of Federal law (GCA 68, so only for the past 46 years). You would still be illegal for doing so if you lived in Montana and transferred a handgun in North Dakota face to face.

    As for your situation, you can bring any long gun not on the list without doing anything.

    Handguns and long guns on the banned list must be registered within 90 days, if you are becoming a resident. And the only way to live in the state without being a resident is by being active duty military or a full time college student.

    WRT banned firearms, you can only bring them into the state if you purchased them prior to Oct 1, 2013. If you bought them after that date, they CAN NOT be brought into the state.
     

    Ack Ack

    Active Member
    Sep 4, 2013
    274
    DC
    This VA example is only legal between two VA residents. MD allows this for unregulated long guns between two MD residents. But FTF transfers are quite illegal anywhere in the USA if the two parties are residents of different, non-adjacent states (not clear if OP is a MD resident or not). Residents of different states need to go though an appropriate FFL every time for anything not an "antique" or black powder firearm.

    I don't understand how "adjacent states" comes into play. Are there exceptions when the two parties are from adjacent states?
     

    gc27

    Member
    Aug 5, 2014
    111
    Calvert County
    The point is, if you don't know, don't post. And you answer #2 is a violation of Federal law (GCA 68, so only for the past 46 years). You would still be illegal for doing so if you lived in Montana and transferred a handgun in North Dakota face to face.

    As for your situation, you can bring any long gun not on the list without doing anything.

    Handguns and long guns on the banned list must be registered within 90 days, if you are becoming a resident. And the only way to live in the state without being a resident is by being active duty military or a full time college student.

    WRT banned firearms, you can only bring them into the state if you purchased them prior to Oct 1, 2013. If you bought them after that date, they CAN NOT be brought into the state.

    Does that include long guns that are not banned? Like if i bought a mossberg 500 on October 2, 2013, i cannot bring it?
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,410
    Glen Burnie
    The thing is, all the answers you needed were available with a simple search. Nobody knew about your scenario until you posted here for all the world to see.
     
    Feb 28, 2013
    28,953
    Thanks all. I guess the thought of me just taking it to a FFL in Maryland myself is just crazy, right? Yet, if I read the law correctly, I could've MOVED to Maryland from North Carolina with a handgun and just done it myself within 90 days. Makes sense.....

    Maybe I could mail it to a willing FFL dealer in Maryland, using their address!

    At the moment, consider the gun loaned.

    But do your parents come up to visit frequently? If so, take your father and the gun to a dealer next time they're in town and fill out the paperwork.

    As far as anyone needs to know, he brought it with him, and that is perfectly legal.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I don't understand how "adjacent states" comes into play. Are there exceptions when the two parties are from adjacent states?

    No.

    From BATFE Top 10 FAQ:

    2. May I lawfully transfer a firearm to a friend who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

    The Gun Control Act of 1968 limited purchases out of your state of residence to adjacent states only (for long guns only), from an FFL. And only if your home state passed laws allowing such transfers. Which is why you will still find language in MD law about buying long guns from adjacent states. All states allowed this except 1, Delaware.

    Handguns were limited to your home state ONLY.

    And no private sales across states. So person to person only if both parties were residents of the same state.

    The Firearms Owners Protection Act of 1986 revised the out of state long guns sales to ANY state. So an MD resident can buy a long run in any state. But, the sale must comply with the laws of the State of residence of the buyer and the State where the transfer occurs.

    This means, you cannot go to another state and buy a non-HBAR AR. And you cannot go to CA and buy something that is legal in MD, but not in CA.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Thanks. I realize you can transfer through an FFL via mail so that the seller doesn't have to be there. But I did interpret the original response as just walking in to an FFL with it.

    It depends on the FFL. Some will only accept a firearm from another FFL.

    Some FFLs many accept the firearm from a walk in.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Does that include long guns that are not banned? Like if i bought a mossberg 500 on October 2, 2013, i cannot bring it?

    As I said in the post you quoted:

    As for your situation, you can bring any long gun not on the list without doing anything.

    If it is not banned long gun (including copy cats) you can bring it in, no registration required.

    And since you will probably ask, a copy cat is any centerfire, semi-auto rifle that:

    (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;
    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;
     

    Abulg1972

    Ultimate Member
    For future reference, if I had been the OP, I would have posed this as a "hypothetical" question. I'm no tin hat wearing guy, but I do think that some things are better left unsaid on public forums.

    Either "borrow indefinitely" until you can inherit it, or transfer it correctly.


    This is a statement/piece of advice that I see frequently given here that is just plain wrong/bad advice.

    You cannot loan a firearm to someone "indefinitely". 18 USC 922(a)(5)(B) exempts ONLY "the loan or rental of a firearm to any person for temporary use for lawful sporting purposes[.]"

    The use must be BOTH temporary and for a lawful sporting purpose. Good luck proving the "loan" was a loan here or "temporary".

    If you've given a firearm with the INTENT for it to be permenant, you've broken the law. Don't do it. The OP's parents need to come back, pick up the pistol, take it to an FFL in NC and ship it to a MD FFL. Sooner rather than later.
     

    Abulg1972

    Ultimate Member
    Okay ... I can tell you what I wouldn't want ... Is to post that my parents have committed a federal crime on a forum that we know certain government officials read from time to time.

    Like I said, I don't walk around with tin foil on my head but you want to consider deleting everything you've posted here.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    It is a loan for 5 years. But you transfer it before 5 years.

    Or 1 year, or 6 months, whatever works.

    I don't think I ever said indefinite loan.
     

    Abulg1972

    Ultimate Member
    My parent have committed a federal crime by driving up to Maryland, unloaded gun in trunk, and dropped it off at my house?

    Really?


    You left out all that "they gave it to me for my retirement and left it here" part.

    You may think this is all a joke, but you now live in one of the most cracked out states in the Union. What you suggest be done is illegal and people other than hobbyists and collectors frequent this forum. Common sense.
     

    BrewDoc_MD

    Piss off, ghost!
    Apr 25, 2012
    633
    Myersville, MD
    You cannot loan a firearm to someone "indefinitely". 18 USC 922(a)(5)(B) exempts ONLY "the loan or rental of a firearm to any person for temporary use for lawful sporting purposes[.]"

    The use must be BOTH temporary and for a lawful sporting purpose. Good luck proving the "loan" was a loan here or "temporary".

    "indefinite" simply means "not defined". No one here seems to know when the OP will return the gun to his parents, so that seems "not defined" to me.

    As discussed previously, ATF says a loan is ok even between residents of different states as long as both state laws are followed. If, for example, this Sig had an 11+ round magazine, then the OP could not accept the loan post Oct 2013.

    So as long as the OP realizes it's a temporarily LOAN and intends on returning it to his parents at some point, everyone can sleep soundly and not get their panties in a wad.

    If you've given a firearm with the INTENT for it to be permenant, you've broken the law. Don't do it. The OP's parents need to come back, pick up the pistol, take it to an FFL in NC and ship it to a MD FFL. Sooner rather than later.

    I think we ALL agree this is the only way to go if the OP finds he enjoys using the pistol for his sporting purposes and wants to transfer ownership properly and permanently. Nod your head in agreement, OP :thumbsup:
     
    Head nods!

    I'll tell them that I can't accept it as a gift until we transfer it the _right_ way. I'll probably be making a trip down South before too long anyways. I'll make arrangements with a FFL up here and have him, or a NC FFL, ship it up depending on what the FFL will accept. The idea of him coming to MD and doing it at a local FFL is intriguing, but I'm not sure he'll be up anytime soon.

    Everyone can breath easy now.....
     

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