Another AR15 legality question

[ktm rider]

I have a friend in Missouri that has a new Windham AR15 SRC for sale. he is going to give me a great deal when I go out to visit him next week.

I have searched this site about how to do this and I am now even more confused then when I started.

Here are my questions.


1- Do I still need to go through an FFL. and jump through all the B.S. hoops?

2- Can I just give him the cash, throw it in my truck and drive home to Md. since this is a private sale?

3- If registration is "voluntary" and this is a private sale, how does Md. even know I now own this rifle and would it them be considered illegal?

As you can see I'm totally confused on this whole legality of this.

 

[pilotguy299]

Yes. All sales of firearms between residents of different states need to go through a ffl.

Not legally. To do so would be a violation of federal law, as the sale needs to go through a ffl.

I do not know how maryland would know, but it would be a federal crime, and possibly a state crime, especially if it were a regulated gun.

 

[ThatGuy179]

If you actually searched and "read" what came up all your answers gave all been discussed multiple times.

 

[Ganegrei]

Yeah, the feds could nail you under the GCA of 68 for a cross state transfer without a NICS check and the State could get you for transferring a regulated rifle without paperwork.

Bad idea all around.

 

[dblas]

I have a friend in Missouri that has a new Windham AR15 SRC for sale. he is going to give me a great deal when I go out to visit him next week.

I have searched this site about how to do this and I am now even more confused then when I started.

Here are my questions.


1- Do I still need to go through an FFL. and jump through all the B.S. hoops?

Since this is not a HBAR and thus a regulated forearm, yes, you need to go through an FFL.

2- Can I just give him the cash, throw it in my truck and drive home to Md. since this is a private sale?

If it were an HBAR and unregulated, then yes, you could buy it directly from him, so long as the face-to-face purchase is legal in both states. Put it in your trunk and bring it back and enjoy it. Since it is not an HBAR, see above.

3- If registration is "voluntary" and this is a private sale, how does Md. even know I now own this rifle and would it them be considered illegal?

As you can see I'm totally confused on this whole legality of this.

It would not only be illegal locally but federally as well. A private, face-to-face, sale is good only when legal in both states. Since it is a regulated firearm in MD and it needs to go through an FFL in MD, then it needs to be sent to an FFL in MD, pay the transfer fee and do the MD paperwork.

 

[Boom Boom]

If it were an HBAR and unregulated, then yes, you could buy it directly from him, so long as the face-to-face purchase is legal in both states. Put it in your trunk and bring it back and enjoy it. Since it is not an HBAR, see above.

Good way to go to federal prison. It's a federal crime for residents of different states to transact a firearm sale/transfer without going through an FFL. Been that way since 1968.

 

[Ungermc]

I know folks who have done the old cash and dash...not this guy, like the fresh air too much!

 

[dblas]

Good way to go to federal prison. It's a federal crime for residents of different states to transact a firearm sale/transfer without going through an FFL. Been that way since 1968.

For handguns you would be correct, for shotguns and long guns (non regulated in MD) you would be incorrect.

You can go to VA, PA, WV, DE and by any long gun or shotgun you want and bring it back to MD with no legal issue. You can even go all the way to California and buy a long gun or shotgun if you like, and bring them back to MD with no legal issue.

The issue in every state is handguns, and in MD regulated long guns.

 

[shaddydan]

Good way to go to federal prison. It's a federal crime for residents of different states to transact a firearm sale/transfer without going through an FFL. Been that way since 1968.

On ALL firearms? What if I wanted to buy a shotgun from my brother who is a DE resident? I am thinking of buying it.

 

[pilotguy299]

For handguns you would be correct, for shotguns and long guns (non regulated in MD) you would be incorrect.

You can go to VA, PA, WV, DE and by any long gun or shotgun you want and bring it back to MD with no legal issue. You can even go all the way to California and buy a long gun or shotgun if you like, and bring them back to MD with no legal issue.

The issue in every state is handguns, and in MD regulated long guns.

That is not completely correct. You can buy a rifle or shotgun from a ffl in another state, but you can not buy one from a private individual in another state without going through a ffl.

http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Read FAQ # 16 "Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?"

 

[Boom Boom]

You can go to VA, PA, WV, DE and by any long gun or shotgun you want and bring it back to MD with no legal issue.

Sure, if purchased from an FFL! FTF is illegal!!!

Look up Gun Control Act of 1968!!!

 

[eruby]

On ALL firearms? What if I wanted to buy a shotgun from my brother who is a DE resident? I am thinking of buying it.

Don't

That is not completely correct. You can buy a rifle or shotgun from a ffl in another state, but you can not buy one from a private individual in another state without going through a ffl.

http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

^^ This.

No interstate sales (absent C & R) between non-FFLs

Q: To whom may an unlicensed person transfer firearms under the GCA?A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

 

[Mooseman]

Face to face sales of any firearms are legal only between residents of the same state. This is federal law.

 

[Boom Boom]

On ALL firearms? What if I wanted to buy a shotgun from my brother who is a DE resident? I am thinking of buying it.

Requires an FFL transfer, unless it's C&R-eligible and you have a C&R FFL.

 

[dblas]

That is not completely correct. You can buy a rifle or shotgun from a ffl in another state, but you can not buy one from a private individual in another state without going through a ffl.

http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Read FAQ # 16 "Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?"

Read question #2 on that page...

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

[shaddydan]

Requires an FFL transfer, unless it's C&R-eligible and you have a C&R FFL.

Thanks for the heads up! I never even gave it a second thought.

 

[Boom Boom]

Read question #2 on that page...

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

What part of the word "licensee" is not clear? Licensee = FFL.

 

[dblas]

What part of the word "licensee" is not clear? Licensee = FFL.

Doh, was reading person, not licensee...I guess reading really is fundamental.

 

[Boom Boom]

No problem. Don't want you or anybody else to do something you'll regret forever.

 

[pilotguy299]

Read question #2 on that page...

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Yep, "licensee" = FFL.