Is it legal to import a blank gun?

fred333 · Jan 3, 2014

Is it legal to import a blank gun into Maryland?

Walther makes a version of the PPQ that's designed to fire blank rounds only (it cannot be modified to fire projectiles) and it's available everywhere except the US. I located a dealer in Germany who's willing to sell me one, but they have to use a private shipping company that will only ship to an international airport (e.g., Reagan Nat'l). Now, a quick google search finds that blank guns are sold on many US websites (e.g., Amazon), so they appear to be legal (for the time being). So that sort of answers my question, but I don't want to make the trip to Reagan only to be told that customs or some other Maryland agency is blocking the import.

Anyone have experience or knowledge in blank gun importation here in Maryland?

thomfantomas · Jan 3, 2014

it's legal

fred333 · Jan 3, 2014

Thank you!

Boom Boom · Jan 3, 2014

We call them starter pistols.

They are not firearms, just noise makers.

fred333 · Jan 3, 2014

Yes, they're essentially loud cap guns.
That said, according to all of the EU gun dealers I've contacted, the standard shipping companies (UPS, FedEx, DHL, etc.) are no longer willing to ship blank guns to the US (any other country is fine, just not here), which appears to be the reason why the PPQ blank gun isn't being imported by Walther/Umarex. I spoke with FedEx, but they were unwilling to comment on the reasoning behind their refusal to import this blank gun. This is just a guess, but my gut tells me there's something happening at the federal level that's causing the shipping companies' hesitancy.

gungate · Jan 3, 2014

I lived in Germany for 5 years and purchased 2 blank pistols. One was like a Walther copy and the other was a p38 copy. Both had a flare adapter that screwed into the barrel and the blank ignited the flair which shot in the air maybe 50 feet. Both functioned just like a real gun but could not fire a projectile (from the bullet chamber). I seem to remember these fired 8mm blanks. VERY loud. You needed to be just 18 in Germany to purchase these. Both of them broke after only a few magazines of blank ammo, which is quite expensive.

If this is what you are looking at I would pass on them.

fred333 · Jan 3, 2014

gungate: Yes, that's what the PPQ is and I've had a coupla cheap blank guns that fell apart as well. However, the reason I'm interested in this one is because it's made by Walther, so I'd be very surprised if it was of poor quality. Additionally, I'm more interested in its potential collector value (if/when, as I suspect, blank guns become regulated and/or unavailable here), rather than as a shooter. I'll probably take it to a range to try it out once or twice, but, beyond that, it'll probably spend all of its time sitting in a case.

anderson76 · Jan 3, 2014

So long as it cannot readily be converted to expel a projectile by the action of an explosive it is not a firearm within the meaning of MD Code. However, this is not readily apparent just from reading the code. Here is what I mean by this:

Take a look at the definitions section for the Regulated Firearms subtitle of the Public Safety Article:

(h) Firearm. –
(1) "Firearm" means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) "Firearm" includes a starter gun.

See PS § 5-101(h)

(n) Handgun. –
(1) "Handgun" means a firearm with a barrel less than 16 inches in length.
(2) "Handgun" includes signal, starter, and blank pistols.

See PS § 5-101(h)

(p) Regulated firearm. -- "Regulated firearm" means:
(1) a handgun; or . . .

See PS § 5-101(p)

Just by glancing at the code one might conclude that a blank gun falls within the definition of Firearm, Handgun, and Regulated Firearm. However the Court of Special Appeals in Walker v. State held that it did not: http://www.leagle.com/decision/in mdco 20100527302

The case law is clear, but the statue is not. Might cause some confusion at the border. I don’t know if there are any federal restrictions.

fred333 · Jan 3, 2014

Yes, I see what you mean. Ambiguous.
I just spoke with my contact at the MD Attorney General's office at the MD State Police HQ and he agrees that the case law seems to run counter to the [antiquated] state statutes. Bottom line, he said, is that since I'll be picking the gun up at an airport outside Maryland, the state has no issue. So, now it's onto the ATF...

Is it legal to import a blank gun?

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