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Old July 8th, 2005, 02:39 PM   #1
UNCLE WAWA
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How To Sell A Gun In Md

I have a couple of rifles and handguns i want to sell privatly
any one know what I have to do to sell them legaly ?
do I have to go through the state police or can any ffl handle the sale ?

thanks,
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Old July 8th, 2005, 04:53 PM   #2
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As for the rifles....nothing at all. As long as you sell them to a state resident and they are not criminals (to your knowledge and you don't suspect them to be) then you do not need to go through an FFL or the state police. I am sketchy on the subject of selling to a non-state resident without going through an FFL.

As for the handguns, you can avoid going through an FFL if you are selling it to a state resident. All you have to do is both of you go down to the MD State Police barracks (not all of them do this and I think you may have to go to Catonsville or something), have the purchaser fill out the background check form, pay the ten dollars and wait seven buisiness days for the results. It will save you $25-$100 over going through an FFL to do this.

Be carefull about the type of pistol and rifle you have though. If you have had them for quite a while, they may be ones that are now banned or regulated. Some examples are a semi-auto Mac-10 or a semi-auto Uzi. they are illegal in Md unless they are full auto or registered as a short barreled rifle. Some rifles are also regulated as pistols by the state now. Some AR-15s are treated like handguns (don't ask me why since I am totally confused by this).

If your guns are really old and are on the Curio and Relics list and you are selling them real cheap, I can buy them and we don't need the state police either (handguns too). I have an 03 FFL that allows me to buy C&R firearms.

One more thing. If someone other than one that has an 01 FFL wants to buy more than one of your handguns, then they will have to wait 30 days between purchasing each handgun, or get special permision from the state by saying they are part of a collection to buy them all at once, or the buyer has a "designated collector" status from the state that allows them to purchase more than one a month, or they are C&R handguns and you sell them to me .

Any 01 FFL dealer can handle your in-state or out of state handgun sales and your out of state rifle sales. Shop around though to see who will charge the least. Some of them are outrageous, but some of them will let you sell your guns in their shop on consignment and are fair.

Last edited by novus collectus; July 8th, 2005 at 04:56 PM.
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Old July 19th, 2005, 07:43 PM   #3
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If anybody needs a collector status form so as to fill out and send in to MSP,let me know,and I'll email you a copy to print.
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Old April 14th, 2013, 02:30 PM   #4
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Originally Posted by novus collectus View Post
As for the rifles....nothing at all. As long as you sell them to a state resident and they are not criminals (to your knowledge and you don't suspect them to be) then you do not need to go through an FFL or the state police. I am sketchy on the subject of selling to a non-state resident without going through an FFL.

As for the handguns, you can avoid going through an FFL if you are selling it to a state resident. All you have to do is both of you go down to the MD State Police barracks (not all of them do this and I think you may have to go to Catonsville or something), have the purchaser fill out the background check form, pay the ten dollars and wait seven buisiness days for the results. It will save you $25-$100 over going through an FFL to do this.

Be carefull about the type of pistol and rifle you have though. If you have had them for quite a while, they may be ones that are now banned or regulated. Some examples are a semi-auto Mac-10 or a semi-auto Uzi. they are illegal in Md unless they are full auto or registered as a short barreled rifle. Some rifles are also regulated as pistols by the state now. Some AR-15s are treated like handguns (don't ask me why since I am totally confused by this).

If your guns are really old and are on the Curio and Relics list and you are selling them real cheap, I can buy them and we don't need the state police either (handguns too). I have an 03 FFL that allows me to buy C&R firearms.

One more thing. If someone other than one that has an 01 FFL wants to buy more than one of your handguns, then they will have to wait 30 days between purchasing each handgun, or get special permision from the state by saying they are part of a collection to buy them all at once, or the buyer has a "designated collector" status from the state that allows them to purchase more than one a month, or they are C&R handguns and you sell them to me .

Any 01 FFL dealer can handle your in-state or out of state handgun sales and your out of state rifle sales. Shop around though to see who will charge the least. Some of them are outrageous, but some of them will let you sell your guns in their shop on consignment and are fair.
Reference your 4th paragraph - you might want to check that.
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Old April 14th, 2013, 02:32 PM   #5
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Reference your 4th paragraph - you might want to check that.
This is from almost 8 years ago.


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Old April 14th, 2013, 04:54 PM   #6
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Holy necro-thread revival, Batman.


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Old April 14th, 2013, 05:50 PM   #7
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Sucked me right in. Memo to self...check the date.
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Old April 14th, 2013, 07:40 PM   #8
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Ah. The good ole' days. Sigh.
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Old November 16th, 2013, 04:27 PM   #9
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Today.......

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Ah. The good ole' days. Sigh.
Would some of the more educated regarding re-sale of handguns made in the last 25 years, care to educate some of us less knowledgable in the new MD laws. I hear conflicting comments, even from some gun dealers.
For ex:
1)Neighbor has a gun he registered in 1989, now wants to sell it to, say me.

2)Neighbor has a gun he bought in 1989, (he is not sure if the old owner registered it or not )now wants to sell it to, say me.

3) Neighbor has a gun he inherited from an uncle in 1975, (.32 H7R revolver) now wants to sell it to, say me.

4) Neighbor has a gun he got from someone who gave it to him in 1981, (they wanted it out of his house) now wants to sell it to, say me.

For all but the .32, assume they are 15 mag guns, Glock, Ruger, S & W etc. Caliber may vary from .380, 9mm to 40 cal.

How about some up-to-date accurate info, without anyone having to search out their local police chief or state trooper?

Much appreciated, thanks in advance. Chuck
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Old November 16th, 2013, 06:56 PM   #10
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Originally Posted by cngw View Post
Would some of the more educated regarding re-sale of handguns made in the last 25 years, care to educate some of us less knowledgable in the new MD laws. I hear conflicting comments, even from some gun dealers.
For ex:
1)Neighbor has a gun he registered in 1989, now wants to sell it to, say me.

2)Neighbor has a gun he bought in 1989, (he is not sure if the old owner registered it or not )now wants to sell it to, say me.

3) Neighbor has a gun he inherited from an uncle in 1975, (.32 H7R revolver) now wants to sell it to, say me.

4) Neighbor has a gun he got from someone who gave it to him in 1981, (they wanted it out of his house) now wants to sell it to, say me.

For all but the .32, assume they are 15 mag guns, Glock, Ruger, S & W etc. Caliber may vary from .380, 9mm to 40 cal.

How about some up-to-date accurate info, without anyone having to search out their local police chief or state trooper?

Much appreciated, thanks in advance. Chuck

For any of these, go the the local Maryland State Police barracks for the transfer. You will need a Handgun Qualification License to purchase any of these. (Instructions at the top of the page.)

You can use a local gun store or other licensee but this will cost you more.

Any magazine over 10 rounds CANNOT be transferred within Maryland.


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Old November 16th, 2013, 07:06 PM   #11
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Yep, what hodgepodge said. As for those standard capacity magazines that he has. I believe that if you buy the guns from him in Maryland he may not give you the magazines in Maryland, however if you drive into another state, say Virginia. Then you may make the scheme and drive back into Maryland. A fast ai know then you have not broken the law. He may not legally give you the magazines in Maryland. hope this helps. Good luck.
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Old November 16th, 2013, 07:19 PM   #12
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Quote:
Originally Posted by cngw View Post
...
For ex:
1)... registered in 1989, now wants to sell it to, say me.

2)... bought in 1989, (he is not sure if the old owner registered it or not )now wants to sell it to, say me.

3) ... inherited from an uncle in 1975, (.32 H7R revolver) now wants to sell it to, say me.

4) ... got from someone who gave it to him in 1981, (they wanted it out of his house) now wants to sell it to, say me.

For all but the .32, assume they are 15 mag guns, Glock, Ruger, S & W etc. Caliber may vary from .380, 9mm to 40 cal.

...


I don't think there's really any distinction among these cases, as it affects resale, unless the .32 revolver was made before 1899. In that case, it would be an antique, and your neighbor could legally give it to a 5 year old girl.

Maryland has never had formal "registration" of firearms, except for real machine guns. Rather, Maryland has built a "Database of Transfers" over the years. When people have tossed around the term "registration", they really are referring to the transfer of ownership being entered into that database.

Handguns are not required to be in the database in order to be legally possessed. The Database has been steadily recording more and more transfers since the 1960s, but there have always been various ways people could legally own and transfer handguns without them being recorded.

In your examples:

1) I think you mean he purchased it in Maryland, from a licensed Dealer. In that case, the transfer was recorded in the Database at that time.

2) Bought in 1989 in a private face-to-face sale. Until I think 1994 or 1996, such face to face handgun sales were perfectly legal, with no paperwork required. Almost the same as a private sale of a lawnmower or chair (not quite). The transfer was not required to be entered into the Database. Unless the purchaser specifically requested the police to enter it into the Database, by a so-called "Voluntary Registration", it would not be there. Still, possession is perfectly legal, because there was no legal requirement to record the transfer. There will be no issue at any subsequent resale.

3) Inherited in 1975: I think same thing. I'm not sure when inheritances started being recorded,but whether it was recorded or not will not be an issue at resale, even if the gun was made after 1899.

4) Someone gave it to him in 1981: Same thing. Perfectly legal. No issue to possess or transfer.

A couple you didn't think of:

5) Your neighbor moved here from Virginia in September of 2013. He brought his entire collection of 26 AR 15s, 8 AKs, and 46 handguns. There is no legal requirement that he enter any of them into the Database. He is not required to "register" any of them. If he decides to sell you one, there will be no issue about them being "unregistered".

6) Your neighbor bought a Russian Capture P38 with his C&R license in November of 2013. It was shipped directly to his house from an out-of-state distributor, and he entered it into his Bound Book, per Federal regulations. There is no requirement that he enter it into Maryland's Database of Transfers, so he didn't. If he decides to sell it to you, there will be no issue about it being "unregistered".

In every case of your buying a non-antique handgun which was never previously entered into the Database of Transfers, there will be no issue on that score. You'll still have to do a legal transfer through a Licensed Dealer or the State Police and that transfer will be subject to all Federal and State laws and will be recorded in the Database.


In the Popular Culture, there is a widespread belief that guns have to be "Registered". The term comes up a lot on tv shows, and the media will breathlessly ask police spokesmen whether or not a crime gun was "registered". An Unregistered Handgun is seen as particularly Menacing and Dangerous. This view seems based on a belief that a citizen may not legally possess an Unregistered Gun. This belief is usually wrong.

A few states, such as New York and Illinois, do require true registration of handguns. I'm not up on those state's laws, but basically, posession of an unregistered handgun is illegal. I believe the registration must be renewed from time to time, so last year's Legally Register Handgun becomes this year's Illegal Unregistered Handgun if someone forgets to mail in the renewal form.

But most states have no such requirements. Even in Maryland, there has never been a requirement that handguns be registered per se, in order to be lawfully possessed. Only now with the new law is there a requirement that those who move to Maryland after October 1, 2013 register their previously-owned handguns in order to legally continue to possess them. But there is still no requirement for anyone to "register" a handgun they already own. Except for new residents, the Database still only records most but not all transfers (importation by Federal Firearms Licensees as in #6 above still need not be recorded with Maryland).



I'm not a lawyer, and I have tried to indicate areas I'm not sure about. Others are welcome to add to or correct what I've said. My main point is, previous "registration" won't be an issue. Now if a serial number trace shows the gun was reported stolen at some time, then there will be an issue.


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