gifting a handgun

[jaywade]

so I want to get a nice 1911 for my father inlaw., he's a fan of the 1911 and I found a nice one I think he would really like. So how in Md ca I legaly buy a gun that I plan to give to him as a gift...it's got to be legal he is a federal LEO, and I'm trying to be a LEO so it's got to be legal .... how do I do it?

 

[novus collectus]

so I want to get a nice 1911 for my father inlaw., he's a fan of the 1911 and I found a nice one I think he would really like. So how in Md ca I legaly buy a gun that I plan to give to him as a gift...it's got to be legal he is a federal LEO, and I'm trying to be a LEO so it's got to be legal .... how do I do it?

If it was your father you could just give it to him and he has to fill out the application for purchase/transfer and send it in to the MDSP within five days after reciept.
However, since it is your FIL and not your father, you must do it like everyone else and go through either a MD regulated firearm dealer or both go down to a MDSP barracks, do the seven day wait, pay the fee and all that.

Might be a better idea for your wife to buy the handgun and have it come from her as a gift that way she can avoid the ten dollar fee and if you can get an application for purchase/transfer he will just have to fill it out and send it in within five days.

 

[novus collectus]

Article - Public Safety

§ 5-136.

(a) (1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

(1) applies if you gave it to your FIL and (2) and (3) apply if your wife gave it to her father.

 

[jaywade]

okay ...

quick question teh MD state form you fill put when buying a handgun I kow one of teh questions is "is this purchase for you? or maybe it asks is this purchase for another person can't quite remember ...how do I answer that??

 

[novus collectus]

okay ...

quick question teh MD state form you fill put when buying a handgun I kow one of teh questions is "is this purchase for you? or maybe it asks is this purchase for another person can't quite remember ...how do I answer that??

The ATF says when buying a gun as a gift you buy the firearm as being transferred to you and then you transfer it to another person as a gratuitous gift. It is only a straw purchase basically when you are using their money they gave you to buy the gun.
In MD I am reolatively sure it is the same way and although I have to look at the form to double check I am pretty sure you put yourself as the transferee. The box on the top of the form for "gift" is what the FIL would check when he gets the gun.

 

[novus collectus]

Ok, this is what the current (6/09) form says:
1) Are you less than 21 years of age or are you participating in a straw purchase of a regulated firearm? (Straw purchase means a transaction in which an individual uses another person known as a straw purchaser, to complete the application to purchase a regulated firearm, take initial possession of that firearm and subsequently transfer that firearm to the first individual.)

The other person (your FIL) is not using you to buy the firearm and the statute says you may buy a firearm for your FIL as gift if both of you comply with the process laid out in the law (seven day wait, MDSP barracks or a dealer, etc.) so you should be ok checking "no" to the above question as I see it. If it is your wife buying the firearm as a gift to her father that too is not a straw purchase as I see it and the statute says she can buy the firearm give it to him and all that is needed is he fill out the application form and send it in.

If there are doubts then call the MDSP licensing/registration section for the correct answer.

 

[jaywade]

thanks for the help ....thinking just going to have the wife do the paperwork, plus I haven't got my collector permit back yet and I can't buy another handgun for another 20 days or so.....just wanted to make sure it was legal...thanks again

 

[X-Factor]

The ATF says when buying a gun as a gift you buy the firearm as being transferred to you and then you transfer it to another person as a gratuitous gift. It is only a straw purchase basically when you are using their money they gave you to buy the gun.
In MD I am reolatively sure it is the same way and although I have to look at the form to double check I am pretty sure you put yourself as the transferee. The box on the top of the form for "gift" is what the FIL would check when he gets the gun.

I would say YES it IS for you since the person receiving as a gift will still have to do their OWN transfer paperwork. It's not considered a straw purchase.

 

[X-Factor]

Sorry for the confusion then. My point was to say that when filling out the initial paperwork when YOU buy the gun it is still NOT a straw purchase given the reasons already stated.

 

[mixman]

I'm hoping the correct form for an immediate family member gift/transfer is the 77R? They sure are hard to come buy. I went to an FFL I frequent and pretty much had to beg for one. I suppose they have them at an MSP Barrack?

 

[novus collectus]

I'm hoping the correct form for an immediate family member gift/transfer is the 77R? They sure are hard to come buy. I went to an FFL I frequent and pretty much had to beg for one. I suppose they have them at an MSP Barrack?

Some troopers will refuse to give you one, but direct them to the COMAR (the state regulations code) and look up gifting a gun to a family member like a wife or brother. Their own regulations say the person fills out the form and sends it in within five days.