buying a pistol out of state private sale question

thegoose · May 23, 2015

Now that their was a ruling on the restrictions on interstate commerce. If i purchase a regulated firearm in a diffrent state, am i able to bring it back over the md line or must it be shipped to a nd ffl? Or can a transder be done by an iut of state ffl?

swinokur · May 23, 2015

That ruling only affected the states and courts in the 5 CA. Unless and until it goes to SCOTUS, it has no bearing on sales in MD. You still have to have the firearm shipped to a MD FFL for transfer.

The Fifth circuit covers Texas, Mississippi and Louisiana. It is in New Orleans.

IANAL

thegoose · May 23, 2015

Thanks

swinokur · May 23, 2015

sorry

Pinecone · May 23, 2015

But anyway, even with that decision, the sale has to meet the requirements of the state of residence of the buyer and the state where the transaction occurs.

If you are an MD resident, the FFL would still have to file a 77R and wait 7 days to deliver the firearm.

BTW that decision only applied to sales from DEALERS, not private sales. ALL out of state private sales must go through an FFL.

For example, you can go to a PA or WV or VA FFL and buy a long gun that is legal in that state and MD. But you can NOT buy a long gun directly from a private seller. It would have to go to FFL, who would then transfer it to you.

I bought an M1 Carbine at a VA show. Seller was NOT an FFL, so I had to find an FFL at the show that would accept the firearm from the seller, and do the paperwork to sell it to me.

Nabla · May 23, 2015

Would things be different if the buyer here in MD has their C&R license and the regulated handgun is C&R eligible?

Brychan · May 23, 2015

If the handgun is C&R and you have C & R license it is cash and carry. No different than picking up a C & R firearm off of Gunbroker and having it shipped to you since you are a FFL. The only time you can't use your C & R is if you both are in Md then you have to go through a regular dealer or MSP to do the transfer.

Nabla · May 24, 2015

Okay, that is what I thought... I purchased a luger from a private seller in PA a few months ago. I asked the LGS what the proper way to transfer the gun was (I have a C&R license and the gun is C&R eligible). They stated it must still be held for 7 days and thus must first go through a "proper FFL." I was pretty sure that was BS, so I ended up just asking the seller to ship the gun to me and I recorded it in my bound book.

Lennyo3034 · May 28, 2015

What about guns (whether long gun or handgun) purchased out of state and will never be brought into Maryland? If I am a MD resident, but have a place in WV, can I buy there and just leave it there?

BigDaddy · May 28, 2015

Lennyo3034 said:
What about guns (whether long gun or handgun) purchased out of state and will never be brought into Maryland? If I am a MD resident, but have a place in WV, can I buy there and just leave it there?

Never?......Scouts' honor? Seriously, with a long gun you are good to go and take it where ever you like. If it is not a C&R handgun you need a MD FFL involved.

buying a pistol out of state private sale question

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