Class 7 FFL or other list for obtaining spent shell casing?

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  • 85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,744
    Ceciltucky
    Is there a listing of where (with costs?) the required spent shell casing collection can be done? I'm in Cecil County if it matters but I'm in a major pickle where I was sold a Referb handgun from an out-of-state dealer, that was represented as used. I don't want to get into a discussion about if I should or shouldn't have to supply one, I just want to get one and move on from this.

    Anyone know where the closest place to the northeast of Maryland is to get a spent shell case fired?
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    The Gun Shop on Eastern Ave in Middle River/Essex can do it. $25, call they are open today till 9:00 and are open on Sun. 45 minute drive from NE right down 95 or Rt 40
     

    JPG

    Ultimate Member
    Aug 5, 2012
    7,068
    Calvert County
    If the MSP doesn't use the case that is sent, why can't the selling FFL take a new empty case put it in the gun and pull the trigger?
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    If the MSP doesn't use the case that is sent, why can't the selling FFL take a new empty case put it in the gun and pull the trigger?

    It has to be a Class 7 FFL and most aren't. Why? It's Maryland and logic, common sense have nothing to do with it.
     

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,744
    Ceciltucky
    Give Rick's Gun & Pawn a call in Conowingo. He has supplied shell casing when needed. Chris

    Oh? I was just at Rick's today and never thought to ask. Are they a Class 7 FFL holder?

    What are the rules on transporting To/From the Class 7 for testing? I'm guessing it's not as easy as me driving it between the FFL and the Class 7, that would make too much sense for Maryland and would only serve to hinder legal ownership... :sad20:
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,418
    Ok , I'm trying to figure out the sequence on this one.

    Why/ how would YOU be transporting this hypothetical refurbished gun for an ( unneeded ) fired casing ? The seller and/or your FFL would be concerned with obtaining a fired casing ( if one was required for a used gun).

    If you have in the gun in your possesion , either you already have purchased it w/o needing a fired casing , or someone is speaking too much about an illegal aquisition.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,418
    Now as a generalized discussion :

    If someone were to be aquiring a new handgun from an out of state source that was not Md specific from Mfg/ distributor, then before arrainging shipping do your homework to do the transfer thru an FFL that has an 007 . They will often provide the fired casing complementary , or for low cost.
     

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,744
    Ceciltucky
    Ok , I'm trying to figure out the sequence on this one.

    Why/ how would YOU be transporting this hypothetical refurbished gun for an ( unneeded ) fired casing ? The seller and/or your FFL would be concerned with obtaining a fired casing ( if one was required for a used gun).

    If you have in the gun in your possesion , either you already have purchased it w/o needing a fired casing , or someone is speaking too much about an illegal aquisition.

    The gun was advertised/sold as used, but once in the MD-FFL's hands, research showed it never has been owned by a private individual since coming through the MFG.

    I'm just trying to find out info/cost on the transportation to the class7 to gauge if the sale should be voided or going the spent shell casing route will be least expensive. The gun has and remains with the MD-FFL. I'm just stuck in the middle with no money and no gun now. If the gun has to be FedEX to the class7, then FedEX back to the FFL and the cost of the spent shell test, I would guess it's ~$100.


    http://www.dsd.state.md.us/comar/comarhtml/29/29.03.01.16.htm

    (9) For a handgun, including a replacement handgun as described under 27 CFR §178.147, which was shipped or transported by a manufacturer on or after October 1, 2000 and has not been sold, rented, or transferred to a person not licensed as a dealer, a statement by the dealer as to:

    So the FFL is citing this "transported" wording to apply to this, even though the Serial Number shows the handgun manufactured in 1998. It was purchased by a Police Dept in March as CPO, but then returned to the MFG and then sold to the out-of-state source who listed it as used. Reading (9) to the letter, the gun has been transported by the MFG to the dealer and then to me, thus it needs a spent shell.
     

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,744
    Ceciltucky
    Now as a generalized discussion :

    If someone were to be aquiring a new handgun from an out of state source that was not Md specific from Mfg/ distributor, then before arrainging shipping do your homework to do the transfer thru an FFL that has an 007 . They will often provide the fired casing complementary , or for low cost.

    This is fine advice, but since "used" handguns are exempt from this requirement and individuals can't research serial numbers to get a "gunfax". I guess it is a heads-up to everyone that anytime a MFG (and even the definition of a MFG can be interpreted many ways) touches a gun, the clock is reset.

    Finally before anyone gets on their soapbox, note that Maryland != Baltimore Area and millions of us are not within easy reach of a 007 to channel everything though. With the Gas Taxes, the Tolls, and all the other O'Mally/Brown increases, it can cost me $50 or more to get on/off the island...
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,418
    Well , in that situation, you need to ask the FFL presently in physical possesion what he will charge you. The actual 007 (wild guess) would caharge anywhere $10-$50 , depending on their shop minimum. Then either round trip shipping, or whatever your current FFL would charge to carry it in person. OR eat the transfer fee already owed to 1st FFL , and reship it to a 007 , and have them do it and transfer to you.

    Not sure your location , but my understanding is that A1 Uniform will provide a fired casing if needed for no extra charge as part of their standard transfer fee.
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    (9) For a handgun, including a replacement handgun as described under 27 CFR §178.147, which was shipped or transported by a manufacturer on or after October 1, 2000 and has not been sold, rented, or transferred to a person not licensed as a dealer,

    Here is the spent shell section http://www.dsd.state.md.us/Comar/getfile.aspx?file=29.03.01.58.htm

    I had to wade through the meaning of not sold to not a dealer several times before I understood. The words replacement handgun appear in the law, but to me, this seems to be an actual replacement of a defective handgun which could not be fixed.

    Well it was sold before 2000 to a police agency, transferred to a police officer, bought back by the manufacturer and then resold. Your FFL is saying that all police buy backs resold by the manufacturer need a fired case.

    Maybe the IP's have a different view, but I think the FFL is wrong. Somebody here knows who the top dog is at MSP Handgun div. Maybe he would go to bat for you or maybe not.

    Other than that, the law says one dealer can transfer to another, without submitting a case, so find a sympathetic Class 7 near you and never let that gun get back in the hands of your FFL.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,825
    A bit odd the FFL you are using has never run in to not getting a casing needed and can't help guide you. Just say'n .. I like the idea of just shipping it to to a class 7 FFL and do the transfer with them.
     

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,744
    Ceciltucky
    A bit odd the FFL you are using has never run in to not getting a casing needed and can't help guide you. Just say'n .. I like the idea of just shipping it to to a class 7 FFL and do the transfer with them.

    Sorry, it's my first purchase, I'm positive they've dealt with getting a casing before. I'm just trying to gather background info on the process as the spent casing is an added hassle and cost to what orig seemed to me like a used gun purchase. The FFL may just be trying to argue the point with the seller to try and get them to cover the costs through misrepresentation?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Well it was sold before 2000 to a police agency, transferred to a police officer, bought back by the manufacturer and then resold. Your FFL is saying that all police buy backs resold by the manufacturer need a fired case.

    It was SOLD previously, no matter that it went back to the manufacturer, it is USED.

    If a car is sold, never driven, but returned to the manufacturer, it is still a used car.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,825
    We are getting fairly close to needing a law degree in this state to buy a gun
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    You could have your FFL mail it to another 07 in MD and have them fire the casing and ship it back if driving is cost prohibitive. (UPS Ground or USPS would be inexpensive.)

    If you run out of options, your FFL can mail it to me. As long as you pay shipping I'll fire you a casing, no charge.

    Need or it or not, new gun or not, it won't hurt anything to mail a casing to MSP. If the guy wants a casing, then give the man a casing.
     

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