Hypothetical Gun Buys out of State

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  • ortoch

    Active Member
    Feb 14, 2013
    225
    So I am now a resident of the "great" state of Maryland and came here by way of the military. Now that I am a civilian my home of record is not Ohio anymore but I do go home often to my dads farm to shoot. As long as I am not looking to buy a banned firearm in Ohio as a MD resident I am good right? For instance I can call up my Dad's buddy who is an FFL and purchase a Tavor 16" and have it sent to him to do paperwork on and just pick it up when I go home?

    Basically I am trying to get around some of the nit picky MD laws (but not buy a banned weapon or anything) so I can have some of the guns MD will ding me on. Is this at all possible?

    Thanks any legal beagle advice would be greatly appreciated here as while I dont want to violate any laws I do hope to skirt some by sending a few things out of state if possible.
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,177
    IIRC, Tavor is a no-go unless it has an extended brake/flash-hider permanently attached to make the 29.5" OAL length requirement.
     

    ortoch

    Active Member
    Feb 14, 2013
    225
    Don't know about the Tavor, but if it's legal to buy in MD, (an HBAR e. g.) it's legal to buy in Ohio.

    I used the tavor as an example because its not 29" in overall length so its illegal to buy without permanitely affixing a long flash suppressor on the end to make the overall length 29". So my thought is I buy it in Ohio with an FFL there using my dads farm as my address so that I can buy it out of state without MD getting all hot and bothered that its only 26.6" in overall length and making me mangle it to make it legal.
     

    eruby

    Confederate Jew
    MDS Supporter
    I used the tavor as an example because its not 29" in overall length so its illegal to buy without permanitely affixing a long flash suppressor on the end to make the overall length 29". So my thought is I buy it in Ohio with an FFL there using my dads farm as my address so that I can buy it out of state without MD getting all hot and bothered that its only 26.6" in overall length and making me mangle it to make it legal.
    There have been posts before about 'where you are is where you are a resident', but since you said you are a Maryland resident, as such, I would not buy any rifle that I couldn't buy in Maryland.

    Yes, it may be BGOs (battered gun owner syndrome), but I wouldn't do it.
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,177
    Falsifying a 4473 it's not advisable. Your state of residence is MD, listing another residence without being a resident would not be a rabbit hole you want to go down.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    Oops, misunderstood. The FFL in Ohio couldn't sell it to him without the perma-pinned extension - it's a banned gun without that. No difference between a copycat and a named ALG. Using your dad's farm as the address would be falsifying a 4473, which is a federal crime. Don't do that. Not worth it.
     

    ortoch

    Active Member
    Feb 14, 2013
    225
    I knew it was illegal if I owned it in MD but I didnt know how rules worked if you bought it out of state and stored it out of state but it sounds like since i'm a MD resident no matter what I do with the gun the moment I buy it I'm violating MD law and cant do it. Thanks for the replies pretty much answers my question. After 12 years of being in the Navy and being able to license cars in Ohio regardless of what state I'm in I was hoping that kinda loophole might exist for guns but alas... back to looking for a job in Arizona.

    Thanks all!
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,177
    As long as your a MD resident, your options are limited. Just the crappy deal we got dealt.
     

    ortoch

    Active Member
    Feb 14, 2013
    225
    Yeah I just didnt know if there were a loophole to buy and keep guns out of state thats all I was asking not asking if I could falsify documents or anything thats the last thing I want is more paperwork the government can use against me of any kind let alone falsified ones lol.
     

    damosan

    Active Member
    Feb 21, 2009
    261
    I've had a few VA dealers who, knowing I'm from MD, offered to sell me any rifle and shotgun they had in stock. How is this illegal if I do not bring the firearm back to MD?

    VA doesn't care -- they want two forms of ID. Both of which have MD clearly listed.
     

    eruby

    Confederate Jew
    MDS Supporter
    I've had a few VA dealers who, knowing I'm from MD, offered to sell me any rifle and shotgun they had in stock. How is this illegal if I do not bring the firearm back to MD?

    VA doesn't care -- they want two forms of ID. Both of which have MD clearly listed.
    This is how:

    provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides

    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-acquire-firearm-under-gca
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    I've had a few VA dealers who, knowing I'm from MD, offered to sell me any rifle and shotgun they had in stock. How is this illegal if I do not bring the firearm back to MD?

    VA doesn't care -- they want two forms of ID. Both of which have MD clearly listed.

    Because under federal law a licensee may not violate the laws of the state in which they are located and the laws of the state of residence of the purchaser. A VA FFL is breaking the law if they sell to a MD resident a banned firearm. The purchaser is breaking the law by purchasing the banned firearm.
     

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