Can an FFL Ship a Maryland Banned Firearm to a Legal State?

[manderson]

Short and sweet, can we sell our banned firearms and have an FFL dealer ship them to a legal state? I just had an FFL dealer tell me they can not ship an AR-15 unless it was in there inventory prior to October 1st. I find this hard to believe, that an FFL dealer can not ship a Maryland banned firearm if we decide to sell them to someone in another state where it is legal.

 

[ThatGuy179]

You can deliver it to whatever state you want, to a FFL of course . FFL's i believe cannot

 

[manderson]

I just cleared this up by speaking with Mark Bowen, Assistant Attorney General. According to criminal law article 4-302(3) it is perfectly legal for an FFL to accept and ship a firearm on the Maryland banned list to another state where the firearm is legal. End of story.

 

[A1Uni]

FFLs can sell anything they wish to anyplace that it is still legal.

We are still receiving, selling and shipping ARs and other banned guns, just not in Maryland.

 

[altima98]

We are still receiving, selling and shipping ARs and other banned guns, just not in Maryland.

That just hurts :-(

 

[Bean Guy]

On a related topic, according to Mr. Bowen, it is prefectly legal to send a banned gun out of state for warranty work and then have it returned. He even added that if the manufacturer replaced the gun instead of repairing it that would be fine as well, just make sure to keep all paperwork related to the transaction.

 

[manderson]

That just hurts :-(

 

[brian0128]

On a related topic, according to Mr. Bowen, it is prefectly legal to send a banned gun out of state for warranty work and then have it returned. He even added that if the manufacturer replaced the gun instead of repairing it that would be fine as well, just make sure to keep all paperwork related to the transaction.

That's good to know. I've been wondering what would happen if that situation arose. Thanks.

 

[Pinecone]

On a related topic, according to Mr. Bowen, it is prefectly legal to send a banned gun out of state for warranty work and then have it returned. He even added that if the manufacturer replaced the gun instead of repairing it that would be fine as well, just make sure to keep all paperwork related to the transaction.

Get that in writing?

 

[marte616]

I just cleared this up by speaking with Mark Bowen, Assistant Attorney General. According to criminal law article 4-302(3) it is perfectly legal for an FFL to accept and ship a firearm on the Maryland banned list to another state where the firearm is legal. End of story.

There was a similar conversation amongst members of this board over the weekend regarding out of state sales of banned "AW's" by a non-dealer:

http://www.mdshooters.com/showthread.php?t=134264&highlight=Armslist

http://www.mdshooters.com/showthread.php?t=134183&highlight=Armslist

 

[Second Amendment]

Is it legal for an individual in Maryland to sell a banned firearm to an FFL out of state where it's legal? Example, putting an AK on consignment in a PA shop?

 

[Rfrazier202]

Is it legal for an individual in Maryland to sell a banned firearm to an FFL out of state where it's legal? Example, putting an AK on consignment in a PA shop?

This is an interesting question because of the consignment aspect. Would putting a rifle on consignment constitute as a "transfer" of said firearm? If so, I imagine giving it to the shop wouldn't be an issue, getting it back if it doesn't sell however...that may be a different story.

 

[pilgrim]

This is an interesting question because of the consignment aspect. Would putting a rifle on consignment constitute as a "transfer" of said firearm? If so, I imagine giving it to the shop wouldn't be an issue, getting it back if it doesn't sell however...that may be a different story.

Who owns it while it is on consignment? It is just on display at the dealers, ownership has not changed.

 

[Second Amendment]

So does anyone know if one can do that legally?

 

[Brooklyn]

So does anyone know if one can do that legally?

We don't even know if we can legally train people with a gun they do not own, in order to get the gun they want to own


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