Legal for 2 Maryland C&R Holders to Privately Transfer a Garand?

[johnkn]

I have a great memory, it’s just short. I’m selling a Garand here. Is it legal for 2 Maryland C&R holders to privately transfer the rifle w/o going through a FFL? I think I recall a FFL is still required..

Thanks

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[dblas]

I have a great memory, it’s just short. I’m selling a Garand here. Is it legal for 2 Maryland C&R holders to privately transfer the rifle w/o going through a FFL? I think I recall a FFL is still required..

Thanks

.

Perfectly legal without an FFL required.
5-204.1(a)(1)(iv) of the Public Safety Article:

"
(a) This section does not apply to:
(1) a sale, rental, or transfer:
(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;
(ii) between immediate family members;
(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces of the United States, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;
(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;
(vi) of a rifle or shotgun modified to render it permanently inoperative; or
(vii) in which the purchaser, lessee, or transferee:
1. has a demonstrable religious belief against taking a portrait photograph; and
2. does not possess a license or an identification card of any kind with photographic identification; or
(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will."

 

[Alea Jacta Est]

…unless it’s that sniper model…

 

[somd_mustangs]

I have a great memory, it’s just short. I’m selling a Garand here. Is it legal for 2 Maryland C&R holders to privately transfer the rifle w/o going through a FFL? I think I recall a FFL is still required..

Perfectly legal without an FFL required.

An "FFL" is still required - a "C&R holder" is an FFL -> an FFL-03
but the answer is yes, as dblas cited, FFL-03 to FFL-03 is legal.

I'm curious what the "licensee" in the statement: "involving a licensee OR a federally licensed gun manufacturer, dealer, OR importer" means since it breaks out a "licensee" from an FFL-01 (-02 also I assume), FFL-07 or FFL-08. But not curios enough to pursue it LOL.

 

[johnkn]

Perfectly legal without an FFL required.
5-204.1(a)(1)(iv) of the Public Safety Article:

"
(a) This section does not apply to:
(1) a sale, rental, or transfer:
(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;
(ii) between immediate family members;
(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces of the United States, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;
(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;
(vi) of a rifle or shotgun modified to render it permanently inoperative; or
(vii) in which the purchaser, lessee, or transferee:
1. has a demonstrable religious belief against taking a portrait photograph; and
2. does not possess a license or an identification card of any kind with photographic identification; or
(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will."

Thank you Sir


.

 

[johnkn]

…unless it’s that sniper model…

LOL.


.

 

[johnkn]

Thanks all!


.

 

[dblas]

An "FFL" is still required - a "C&R holder" is an FFL -> an FFL-03
but the answer is yes, as dblas cited, FFL-03 to FFL-03 is legal.

Since we are splitting hairs, then an LGS is not required and neither is a 4473.

I'm curious what the "licensee" in the statement: "involving a licensee OR a federally licensed gun manufacturer, dealer, OR importer" means since it breaks out a "licensee" from an FFL-01 (-02 also I assume), FFL-07 or FFL-08. But not curios enough to pursue it LOL.

You could look it up in State Statute, it is defined there.

5-201(d) of the Public Safety Article:

(d) “Licensee” means a person who holds a dealer’s license.

An FFL03 (C&R) is not a dealer.

 

[mac1_131]

An "FFL" is still required - a "C&R holder" is an FFL -> an FFL-03
but the answer is yes, as dblas cited, FFL-03 to FFL-03 is legal.

I'm curious what the "licensee" in the statement: "involving a licensee OR a federally licensed gun manufacturer, dealer, OR importer" means since it breaks out a "licensee" from an FFL-01 (-02 also I assume), FFL-07 or FFL-08. But not curios enough to pursue it LOL.

Yeah that's a possibility but never been determined.

I think the statue defines a licensee as a holder of a federal firearms license, which a c&r is.

 

[dblas]

Yeah that's a possibility but never been determined.

I think the statue defines a licensee as a holder of a federal firearms license, which a c&r is.

You would be incorrect in what you believe the definition is. See my post above yours that has the definition from State Statute.
It is a dealer, which a C&R is NOT.

 

[dblas]

Thank you Sir


.

No problem at all.
For those interested in looking up the State Statutes from the source, and I encourage everyone to do so, here is the link from LexisNexis (The company that prints the actual State Statutes that get used by all legislators)

https://advance.lexis.com/container?config=00JAA1NTM5MzBmZC02MTg2LTQzNmEtYmI5Yy0yZWEwYzA1OGEwNTYKAFBvZENhdGFsb2fdgr2eooaZj7MpSZGOIwWq&crid=e1e45a69-e40d-4989-9380-b162e582bcbc

 

[BurkeM]

§ 5-204.1. Restrictions on sale, rental, or transfer of rifle or shotgun — Facilitation by licensee — Fees — No civil liability.​

(a) This section does not apply to:
(1) a sale, rental, or transfer:
(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;
(ii) between immediate family members;
(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces of the United States, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;
(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;
(vi) of a rifle or shotgun modified to render it permanently inoperative; or
(vii) in which the purchaser, lessee, or transferee:
1. has a demonstrable religious belief against taking a portrait photograph; and
2. does not possess a license or an identification card of any kind with photographic identification; or
(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will.

 

[rbird7282]

§ 5-204.1. Restrictions on sale, rental, or transfer of rifle or shotgun — Facilitation by licensee — Fees — No civil liability.​

(a) This section does not apply to:
(1) a sale, rental, or transfer:
(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;
(ii) between immediate family members;
(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces of the United States, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;
(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;
(vi) of a rifle or shotgun modified to render it permanently inoperative; or
(vii) in which the purchaser, lessee, or transferee:
1. has a demonstrable religious belief against taking a portrait photograph; and
2. does not possess a license or an identification card of any kind with photographic identification; or
(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will.

See post #2


Sent from my iPhone using Tapatalk

 

[mac1_131]

You would be incorrect in what you believe the definition is. See my post above yours that has the definition from State Statute.
It is a dealer, which a C&R is NOT.

It is a licensee or a dealer, per your post. The word or is in there. I'm sure the intent is as you say but it doesn't exactly read that way. I won't be the one to test this.

 

[Blaster229]

Y'all could have gone to an actual FFL by now and made the transfer.

 

[dblas]

It is a licensee or a dealer, per your post. The word or is in there. I'm sure the intent is as you say but it doesn't exactly read that way. I won't be the one to test this.

Go look at the definition in the State Statute, see post #8 where I posted the actual definition of licensee straight from State Statute.
And I am aware that they have "dealer" in the same paragraph, don't ask why, I have no clue and I really don't care because that wasn't the question that I answered (Definition of licensee).

 

[dblas]

Y'all could have gone to an actual FFL by now and made the transfer.

Or met in his driveway.