Used Handguns - How to get Shipped to MD?

jb50c · Jul 2, 2008

Say you want to bid on a used handgun on gunbroker, buy one through a forum sale, or maybe a pick up a nice police trade-in on jgsles...is it possible to have that handgun shipped in State without the spent shell casing?

Does the fact that it is pre-owned or a private sale impace the need for a spent shell?

canuck · Jul 2, 2008

Spent shell casings are not required on used handguns.

fivepointstar · Jul 2, 2008

Have the seller or dealer ship it to your prearranged FFL dealer. The seller will need a signed copy of the FFL prior to shipping. Make sure if its a handgun that it on the approved handgun roster

I believe the spent shell casing applies to new guns purchased from a MD dealer. If you transfer a new pistol from out of state to a dealer it doesn't apply. It also does not apply to used guns in or out of state. Another stupid gun law....

I try to stick to preowned guns when i can.

AKbythebay · Jul 2, 2008

fivepointstar said:
I believe the spent shell casing applies to new guns purchased from a MD dealer. If you transfer a new pistol from out of state to a dealer it doesn't apply. It also does not apply to used guns in or out of state. Another stupid gun law....

Is that true? I've always had to supply a fired shell casing with the new guns I've bought online.

fivepointstar · Jul 2, 2008

AKbythebay said:
Is that true? I've always had to supply a fired shell casing with the new guns I've bought online.

let me check to confirm but i'm pretty sure. I purchased and tranferred a new firearm and it did not have the casing.

zoostation · Jul 2, 2008

The law states new guns coming from a manufacturer into the state have to have a spent shell casing. However Maryland has aways interpreted that as meaning new guns from any dealer out of state as well must have the shell casing. They say this is the 'spirit' of the law :rolleyes:

. I believe there was either some case law or an AG opinion issued on this in the past. So I believe you will need a shell casing to be safe if it's a new gun. Used guns are not affected, nor are guns purchased on government/LE letterhead.

I also would make sure the handgun is on the roster if it was made 1985 or later.

trapture · Jul 2, 2008

If its on Maryland's handgun roster, just bid, win, arrange with a FFL on your end and pay the transfer fees. I would definitely CONFIRM the transfer fees with the FFL before you forward the info to the seller.

novus collectus · Jul 3, 2008

zoostation said:
The law states new guns coming from a manufacturer into the state have to have a spent shell casing. However Maryland has aways interpreted that as meaning new guns from any dealer out of state as well must have the shell casing. They say this is the 'spirit' of the law . I believe there was either some case law or an AG opinion issued on this in the past. So I believe you will need a shell casing to be safe if it's a new gun. Used guns are not affected, nor are guns purchased on government/LE letterhead.

I also would make sure the handgun is on the roster if it was made 1985 or later.

I don't know what they are smoking at the AG's office, but I bet it has some to do with their "medical" problem. But of course we all know that.

Article - Public Safety

§ 5-131.

(a) (1) In this section the following words have the meanings indicated.

(2) "Manufacturer" means a person who possesses a federal license to engage in the business of manufacturing firearms or ammunition for sale or distribution.

(3) "Projectile" means the part of handgun ammunition that is expelled through the barrel of the handgun by an explosion.

(4) "Shell casing" means the part of handgun ammunition that contains the primer and propellent powder to discharge the projectile.

(b) A manufacturer that ships or transports a handgun for sale, rental, or transfer in the State shall include in the box with the handgun in a separate, sealed container:

(1) a shell casing of a projectile discharged from the handgun; and

(2) additional information that the Secretary requires to identify the type of handgun and shell casing.

(c) (1) On receipt of a handgun from a manufacturer, the dealer shall confirm to the Department of State Police that the manufacturer has complied with subsection (b) of this section.

(2) On the sale, rental, or transfer of the handgun, the dealer shall forward the sealed container to the Department of State Police Crime Laboratory.

(d) On receipt of a shell casing and information as required in subsection (b) of this section, the Department of State Police Crime Laboratory shall enter the information in each relevant database.

sbarber7973 · Jul 3, 2008

novus collectus said:
(d) On receipt of a shell casing and information as required in subsection (b) of this section, the Department of State Police Crime Laboratory shall enter the information in each relevant database.

I love that part... Have they actually entered any of the shell casings in to that so called database. NOPE they are just wasting our time and money.

fivepointstar · Jul 3, 2008

fivepointstar said:
let me check to confirm but i'm pretty sure. I purchased and tranferred a new firearm and it did not have the casing.

I stand corrected.

Kharn · Jul 6, 2008

sbarber7973 said:
I love that part... Have they actually entered any of the shell casings in to that so called database. NOPE they are just wasting our time and money.

They definitely wasted my time, I had to wait 8mo for a Taurus 650SS to show up, apparently they make stainless guns in very limited runs, and do not normally do casings. :mad54:

Intarsiac · Jul 8, 2008

I tried to buy a new Taurus M94 4'" stainless online from in stock at an out of state dealer. Turns out the gun does not have a fired shell casing with it, so the dealer won't ship it.

Guess it's back to the drawing board looking for used models. :mad54:

Waz · Jan 26, 2015

Necro thread

Resurrecting an old thread because I couldn't find an answer.

I found a revolver I'm interested in on armslist. Private seller claims gun is new (unfired) without box etc

Even if it's unfired, it's still considered used. Correct? Or is it "new enough" to require a spent shell casing?

Thanks!

NateIU10 · Jan 26, 2015

Waz said:
Resurrecting an old thread because I couldn't find an answer.

I found a revolver I'm interested in on armslist. Private seller claims gun is new (unfurled) without box etc

Even if it's unfired, it's still considered used. Correct? Or is it "new enough" to require a spent shell casing?

Thanks!

If it's ever been 4473ed to an individual, it is no longer "New" for purposes of the shell casing law.

Waz · Jan 26, 2015

NateIU10 said:
If it's ever been 4473ed to an individual, it is no longer "New" for purposes of the shell casing law.

Thanks! I was 95% sure that was the case but the other 5% was thinking "it's maryland. It doesn't have to make sense."

BigDaddy · Jan 26, 2015

NateIU10 said:
If it's ever been 4473ed to an individual, it is no longer "New" for purposes of the shell casing law.

Just for anyone stumbling across this thread, there is another thread here (can't find it), somewhere, where a police trade in was considered "never sold to an individual" by the receiving FFL. Some IP's have class 7 licenses so that wouldn't be a problem. This one was not an IP nor had a c-7.

If you are purchasing a similar gun, find out how your FFL interprets this.

Looking back at an older post in this thread, not many manufactures supply a fired case these days because only a couple states require them. A class 7,and not you can produce a fired case for the MSP. Some charge for this and some don't. Caveat emptor.

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