I would like to buy, and give as a gift, a Mossberg 20 gauge Cruiser pump action shotgun. It has a pistol grip. I live in PA and giftee lives in MD. He is currently in PA with me. Can I buy it and just give it to him to take with him? Sorry for my lack of knowledge regarding the MD long gun laws...I just want to make sure I'm doing it the right way. Any suggestions are appreciated.
Gifting a shotgun from PA to MD
- Thread starter adam1961
- Start date
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budman93
Ultimate Member
All interstate firearm sales must go through an FFL. If you both lived in either state you could just give it to him but since he lives in MD that would be illegal. However, as it is an unregulated gun, he could buy the gun from a PA FFL himself and bring it back to MD.
budman93
Ultimate Member
I am no expert on that. There was a discussion here. You can probably go by Clandestine's statement in post #8. He knows what he is talking about. Do your own research though.
http://www.mdshooters.com/showthread.php?p=3012474
fabsroman
Ultimate Member
If he is with you why not just give him the money and let him complete the purchase?
This is the way around the entire FFL issue. Just give him the money and let him complete the paperwork. Thing is, it had better be for him and not you, otherwise it is a straw purchase.
As far as the pistol grip only shotguns, there are a few shotguns on the banned list. As long as it isn't one of those and it does not have a revolving cylinder, you are fine. Here is the list of long guns banned by name:
(i) American Arms Spectre da Semiautomatic carbine;
(ii) AK–47 in all forms;
(iii) Algimec AGM–1 type semi–auto;
(iv) AR 100 type semi–auto;
(v) AR 180 type semi–auto;
(vi) Argentine L.S.R. semi–auto;
(vii) Australian Automatic Arms SAR type semi–auto;
(viii) Auto–Ordnance Thompson M1 and 1927 semi–automatics;
(ix) Barrett light .50 cal. semi–auto;
(x) Beretta AR70 type semi–auto;
(xi) Bushmaster semi–auto rifle;
(xii) Calico models M–100 and M–900;
(xiii) CIS SR 88 type semi–auto;
(xiv) Claridge HI TEC C–9 carbines;
(xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15
Sporter H–BAR rifle;
(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and
K–2;
(xvii) Dragunov Chinese made semi–auto;
(xviii) Famas semi–auto (.223 caliber);
(xix) Feather AT–9 semi–auto;
(xx) FN LAR and FN FAL assault rifle;
(xxi) FNC semi–auto type carbine;
(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
(xxiii) Steyr–AUG–SA semi–auto;
(xxiv) Galil models AR and ARM semi–auto;
(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;
(xxvi) Holmes model 88 shotgun;
(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;
(xxviii) Manchester Arms “Commando” MK–45, MK–9;
(xxix) Mandell TAC–1 semi–auto carbine;
(xxx) Mossberg model 500 Bullpup assault shotgun;
(xxxi) Sterling Mark 6;
(xxxii) P.A.W.S. carbine;
(xxxiii) Ruger mini–14 folding stock model (.223 caliber);
(xxxiv) SIG 550/551 assault rifle (.223 caliber);
(xxxv) SKS with detachable magazine;
(xxxvi) AP–74 Commando type semi–auto;
(xxxvii) Springfield Armory BM–59, SAR–48, G3, SAR–3,
M–21 sniper rifle, M1A, excluding the M1 Garand;
(xxxviii) Street sweeper assault type shotgun;
(xxxix) Striker 12 assault shotgun in all formats;
(xl) Unique F11 semi–auto type;
(xli) Daewoo USAS 12 semi–auto shotgun;
(xlii) UZI 9mm carbine or rifle;
(xliii) Valmet M–76 and M–78 semi–auto;
(xliv) Weaver Arms “Nighthawk” semi–auto carbine; or
(xlv) Wilkinson Arms 9mm semi–auto “Terry”.
So, just make sure it does not have a revolving cylinder and it is not on the list above.
SB281 Blaster
Active Member
He should purchase the gun in PA with his MD driver's license. This will work everywhere but Walmart. Be careful the Supreme Court is looking at a straw purchase case across state lines right now. Best not to be "gifting" brand new firearms these days. Whoever does the paperwork should keep the gun.
STeveZ
Thank you, Abelard
Agreed, "straw purchase" was my first thought too. If the intent is really to buy the gun as a gift then a purchase by the MD resident reimbursed by the PA res should accomplish that legally, right?
budman93
Ultimate Member
There is no reason why he couldn't give him the money beforehand as long as the gun really will belong solely to him. Just like giving him money and saying go buy yourself something.
NateIU10
Ultimate Member
A 4473 may be truthfully answered on the "actual purchaser" question if you purchase the firearm with the intent to gift it. That is not a straw purchase.
In this case, a MD resident could not purchase a PGO 500 in PA. It is not a "shotgun" per federal law, and is thus required to be purchased in the resident's own state as an "other" on the 4473. The GCA of '68 requires all firearm sales by licensees occur within the purchaser's state of residence, and carves out an exception for shotguns and rifles, as statutorily defined.
All interstate transfers must go through an FFL, so purchasing it in PA as a resident and giving it to the MD resident would require going through an FFL in MD.
In this case, a MD resident could not purchase a PGO 500 in PA. It is not a "shotgun" per federal law, and is thus required to be purchased in the resident's own state as an "other" on the 4473. The GCA of '68 requires all firearm sales by licensees occur within the purchaser's state of residence, and carves out an exception for shotguns and rifles, as statutorily defined.
All interstate transfers must go through an FFL, so purchasing it in PA as a resident and giving it to the MD resident would require going through an FFL in MD.
Exactly right. I glossed over the pistol grip part. When it comes down to it , the best option is just give him the money and let him buy in MD.
