Gift from out of state family member to MD resident

[NCtoMD]

Have been a member on here for a while but I think this is my first post.

My Dad lives in NC and bought me an M&P Shield as a gift. I've done some research and can't seem to get a definitive answer on what the process is post 10/1. I do not have an HQL but do own regulated firearms in the state.

Does the pistol have to be shipped to an FFL in the state and handled as a normal transfer? Does a gift still require an HQL? Thank you in advance

 

[MDFF2008]

All transactions across state lines must go through an FFL in the recipient's state.

In order to receive a pistol in MD, you need an HQL.

If you own pistols already, you are exempt from the training requirement of the HQL.

 

[spclopr8tr]

Have been a member on here for a while but I think this is my first post.

My Dad lives in NC and bought me an M&P Shield as a gift. I've done some research and can't seem to get a definitive answer on what the process is post 10/1. I do not have an HQL but do own regulated firearms in the state.

Does the pistol have to be shipped to an FFL in the state and handled as a normal transfer? Does a gift still require an HQL? Thank you in advance

If you are active duty or retired military you do not need the HQL, just your ID card. But yes, it has to go through a MD FFL.

 

[swinokur]

Howdy. Join the fight.

www.marylandshallissue.org
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.

 

[Pinecone]

Actually all transactions across state lines must go through an FFL. NO law that says they must be in the recipient's state of residence. The Federal law only requires an FFL to be involved and for the recipient to be physically present at the FFL. Also, the transaction must be legal in the state it occurs, plus the state in which the recipient resides.

However, if the recipient is an MD resident, all handgun transactions must go through an MD FFL, but this due to MD regulated firearms laws.

But you can buy a long gun from someone, and have it shipped to a PA FFL and pick it up there.

 

[ddeanjohnson]

Actually all transactions across state lines must go through an FFL. NO law that says they must be in the recipient's state of residence. The Federal law only requires an FFL to be involved and for the recipient to be physically present at the FFL. Also, the transaction must be legal in the state it occurs, plus the state in which the recipient resides.

However, if the recipient is an MD resident, all handgun transactions must go through an MD FFL, but this due to MD regulated firearms laws.

I think that what you have written leaves the impression that it would be legal for someone who does not himself hold a Federal Firearms License to go to another state and purchase a handgun from an FFL, at his place of business in that other state, as long as no state law prohibited such transaction. In reality, however, such a transaction would violate federal law.

The federal Gun Control Act, 18 USC Section 922 (b) provides in part:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver . . .

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States) . . .​

 

[Pinecone]

Sorry, you are correct.

LONG gun sales only need to go through an FFL.

Handgun sales need to go through an FFL in the buyers home state. Not just MD.