Questions regarding to Private Long Rifle Sale.

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  • Kagetsu

    Active Member
    Feb 4, 2009
    451
    This is an issue I keep bumping against. "They" say firearms are being trading from the trunks of cars and must be regulated. (aka gun show loophole) It is perfectly legal to trade for an unregulated rifle. Yet here we are with our names on every gun we own. Does anyone not go through MSP to trade a gun? It took me all day to buy a simple shotgun at auction. We're regulated whether the laws say so or not.
     

    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    so wait. unless yer spider senses went up for other reasons, if he is of legal age, why couldn't you sell it to him? from what I am understanding here, if i wanted to sell or buy from someone in another state, the same unregulated firearm, it wouldn't be legal?

    i did do a transaction on an unregulated bolt rifle from the classifieds here. he created a bill of sale, provided the original receipt, whereas i provided a copy of my drivers license (regardless of state, as far as i know, that doesn't matter), signed his copy of the bill of sale and we were done.

    as far as choosing a location to complete the transaction is solely up to those involved. in my case we had a few PM's back and forth, a couple of phone calls and my wife and i met him at his house. he wasn't alone either as he had two very nice pit-bulls and a 15 year old son, meeting me at the front gate. the wife sat in the drivers seat of the car, engine running with her cell phone in her hand. it was around 1:00 in the afternoon and his neighbors were milling about, saying hi to him and his kids and what not.

    so back to this sale, unregulated to someone with an out of state CDL shouldn't be a problem, or am i missing some law somewhere?
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Woodstock you're definitely missing something.
    He has an Out of State DL.
    Maryland residents have a MARYLAND DL
    By not having a MD DL he CANNOT prove he is a resident of the state of MD.
    Sales between two residents of the same state can be done FTF.
    Sales between residents of TWO different states REQUIRES an FFL as per federal law.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    md law requires md residents to obtain md driver's licenses. its sonething like 30 or 90 days from the time you move into state. I think the only exemption is military stationed in md.

    iirc a md drivers license is identical commercial or otherwise, commercial just have the extra endorsements on them.

    so your spidey senses tingled for a reason. hes pulling a fast one on someone most likely.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,775
    md law requires md residents to obtain md driver's licenses. its sonething like 30 or 90 days from the time you move into state. I think the only exemption is military stationed in md.

    iirc a md drivers license is identical commercial or otherwise, commercial just have the extra endorsements on them.

    so your spidey senses tingled for a reason. hes pulling a fast one on someone most likely.

    Correct, and photo ID's don't suffice without an address on them. There needs to be proof of Maryland residency, period.Whatever proof the law allows.
     

    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    Woodstock you're definitely missing something.
    He has an Out of State DL.
    Maryland residents have a MARYLAND DL
    By not having a MD DL he CANNOT prove he is a resident of the state of MD.
    Sales between two residents of the same state can be done FTF.
    Sales between residents of TWO different states REQUIRES an FFL as per federal law.

    thanks mopar! that's silly. :smoke:
     

    traveller

    The one with two L
    Nov 26, 2010
    18,416
    variable
    For the purpose of firearms transactions, you can be a resident of more than one state. Yes, a Maryland DL is one piece of plastic that establishes whether you are a resident, but it is not the only way one can prove residency. That is at the ATF level, what MDSP requires from the licensed dealers in their jurisdiction is a different question.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    When I buy sell guns FTF I don't let people look at my license up close, you aren't getting my address.

    The guy is driving to MD from out of state to buy a .22LR rifle to commit crimes? Makes no sense, he could buy much better guns FTF if he actually is a resident of one of those states.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,257
    Davidsonville
    I told my FFL(owner) I was going to have a rifle shipped to him from PA and was told it is cash and carry just go pick it up. The rifle sold before I got back to the seller and that was the end but anyway just a personal experience.
     

    usmcdad

    Active Member
    May 15, 2010
    113
    Can a Maryland resident legally conduct a face 2 face (no FFL involvement) purchase or sale of an unregulated long gun (Rem 870) across state lines? The part of this discussion about MD driver's license makes me think no crossing state lines. Have an acquaintance in VA wanting to get out of hunting and giving me a great deal.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    Can a Maryland resident legally conduct a face 2 face (no FFL involvement) purchase or sale of an unregulated long gun (Rem 870) across state lines? The part of this discussion about MD driver's license makes me think no crossing state lines. Have an acquaintance in VA wanting to get out of hunting and giving me a great deal.


    No, never across state lies without FFL.
     

    usmcdad

    Active Member
    May 15, 2010
    113
    No, never across state lies without FFL.

    Thx. 1. Is that Federal or Md law? 2. As a Md resident can I cash and carry ANY firearm from another state?

    My fuzzy memory is starting to tell me #2 is no, which is why VA dealers don't like to deal with me on anything.

    This has to buried in the law, but I'm frankly cowed into submission out of fear of an honest mistake. There's something just not right about fearing your own government. (This is not a hijack of the thread so ignore my last comment).
     

    Boonie Hat

    Active Member
    Jan 2, 2013
    404
    Baltimore County, MD, USA
    Thx. 1. Is that Federal or Md law? 2. As a Md resident can I cash and carry ANY firearm from another state?

    My fuzzy memory is starting to tell me #2 is no, which is why VA dealers don't like to deal with me on anything.

    This has to buried in the law, but I'm frankly cowed into submission out of fear of an honest mistake. There's something just not right about fearing your own government. (This is not a hijack of the thread so ignore my last comment).

    You can't just cash and carry ANY firearm from another state, as you would have to abide by the laws of your home state. You could purchase a shotgun or rifle out of state and walk out with it, but you couldn't buy anything banned like an EBR. Pistols would have to be shipped to, and transferred through an MD ffl, of course. VA dealers know how f'ed our laws are so they tend to shy away from MD buyers or tread very lightly
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    Thx. 1. Is that Federal or Md law? 2. As a Md resident can I cash and carry ANY firearm from another state?

    My fuzzy memory is starting to tell me #2 is no, which is why VA dealers don't like to deal with me on anything.

    This has to buried in the law, but I'm frankly cowed into submission out of fear of an honest mistake. There's something just not right about fearing your own government. (This is not a hijack of the thread so ignore my last comment).

    Federal law. The Feds used to understand they can only regulate interstate gun sales and federally licensed dealers.
     

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