Long gun transfer between private parties in state

[spoon059]

No. Out of state = disparity of residence. Must involve FFL as that is interstate commerce. That's a federal issue not an MD issue.

Interesting... I also reached out to a friend of mine who works in our gun unit. His response was that immediate family is allowed to transfer the long guns, even across state lines. If they are regulated long guns they would require registration in Maryland within 90 days of transfer.

These gun laws are stupid beyond compare and nobody seems to understand them at all. I can't wait to move to a free state...

 

[esqappellate]

Can't be done from an out of state relative. Interstate transfers, other than by inheritance, must go through an FFL by ATF regulations.

Not just ATF regs. It's right in the statute, 18 USC 922(a)(3), which provides:

It shall be unlawful * * *
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State
other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person
to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained
in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in
any State prior to the effective date of this chapter;

A willful violation of this provision is a 5 year federal felony. See 18 USC 924(a)(1)(D).

 

[IronEye]

adding in the definition of an immediate family member:

5–201.
IMMEDIATE FAMILY MEMBER” MEANS A SPOUSE, A PARENT, A STEPPARENT, A GRANDPARENT, A STEPGRANDPARENT, AN AUNT, AN UNCLE, A SIBLING, A STEPSIBLING, A CHILD, A STEPCHILD, A GRANDCHILD, A STEPGRANDCHILD, A NIECE, OR A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE.

 

[esqappellate]

Interesting... I also reached out to a friend of mine who works in our gun unit. His response was that immediate family is allowed to transfer the long guns, even across state lines. If they are regulated long guns they would require registration in Maryland within 90 days of transfer.

These gun laws are stupid beyond compare and nobody seems to understand them at all. I can't wait to move to a free state...

Moving won't help. Its a federal statute. See above.

 

[Zaicran]

A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section

"other than a regulated firearm"...that confuses the sentence to me...can someone help me with my shty reading comp here?

 

[lazarus]

A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section

"other than a regulated firearm"...that confuses the sentence to me...can someone help me with my shty reading comp here?

A regulated firearm in Maryland is basically a handgun.

The law on transfers for a handgun are listed elsewhere in statute.

What is listed applies to long guns.

 

[esqappellate]

A regulated firearm in Maryland is basically a handgun.

The law on transfers for a handgun are listed elsewhere in statute.

What is listed applies to long guns.

Right. I understood the OP to relate to long guns, not regulated firearms. For handguns, the 77R process applies for private sales at FFLs and at the MSP barracks and is equally applicable to transfers to family members

 

[gungate]

Interesting... I also reached out to a friend of mine who works in our gun unit. His response was that immediate family is allowed to transfer the long guns, even across state lines. If they are regulated long guns they would require registration in Maryland within 90 days of transfer.

These gun laws are stupid beyond compare and nobody seems to understand them at all. I can't wait to move to a free state...

There are no legal transferable regulated long guns in MD anymore. If he has them, you can't have them.

 

[esqappellate]

There are no legal transferable regulated long guns in MD anymore. If he has them, you can't have them.

Sure he can. All he has to do is use FFLs to comply with federal law. As a family member, the MD statute doesn't apply to this grandparent.

 

[4g64loser]

Interesting... I also reached out to a friend of mine who works in our gun unit. His response was that immediate family is allowed to transfer the long guns, even across state lines. If they are regulated long guns they would require registration in Maryland within 90 days of transfer.

These gun laws are stupid beyond compare and nobody seems to understand them at all. I can't wait to move to a free state...

I believe that federal law still requires the use of an ffl in the recipients state of residence. This was the guidance given to an FFL I was working for when a (large) collection was inherited from an out of state decedent. He received the items from the estate and then transferred them to the heir. The MDSP were contacted as the heir was not a designated collector and there were a LOT of handguns. They eventually agreed to a one-time exception to the one a month rule.

 

[1841DNG]

I believe that federal law still requires the use of an ffl in the recipients state of residence. This was the guidance given to an FFL I was working for when a (large) collection was inherited from an out of state decedent. He received the items from the estate and then transferred them to the heir. The MDSP were contacted as the heir was not a designated collector and there were a LOT of handguns. They eventually agreed to a one-time exception to the one a month rule.

Unless I am crazy only receivers and handguns require an FFL in the state of your residence federally. Long guns just have to go through an FFL if you are not in your home state and they must be legal for sale both where you reside and the state in which you are making the purchase. Some states might have extra restrictions but Federally you should be able to go to another state and buy a long gun legal there and here.

 

[4g64loser]

Unless I am crazy only receivers and handguns require an FFL in the state of your residence federally. Long guns just have to go through an FFL if you are not in your home state and they must be legal for sale both where you reside and the state in which you are making the purchase. Some states might have extra restrictions but Federally you should be able to go to another state and buy a long gun legal there and here.

Buying from that FFL yes. This was receipt of a large collection from a deceased relative. Firearms of many types and more than a state or two away.

I can buy rifles (so long as that rifle is treated the same in my state) in other states as you correctly assert. Long guns could, theoretically, have gone through an ffl in the decedent's state but everything else would have had to come to md ffl anyway and the heir would have been faced with the logistics of transport for the long guns.

 

[gungate]

Sure he can. All he has to do is use FFLs to comply with federal law. As a family member, the MD statute doesn't apply to this grandparent.

I think you can only inherit grandfathered regulated long guns?

 

[Zaicran]

A regulated firearm in Maryland is basically a handgun.

The law on transfers for a handgun are listed elsewhere in statute.

What is listed applies to long guns.

Thanks!

 

[esqappellate]

I think you can only inherit grandfathered regulated long guns?

No, you can inherit handguns too. Must be registered after receipt

 

[gungate]

No, you can inherit handguns too. Must be registered after receipt

Sorry - I mean that the only way to get a regulated long-gun as a MD resident is to inherit it. I wasn't speaking to handguns.

 

[lazarus]

No, you can inherit handguns too. Must be registered after receipt

I'll absolutely take your word for it, but I thought registration of a regulated firearm was only if you were moving into the state. Not if you were already a resident and received one through interstate succession/will. I recall there being something about banned firearms though that if you received them through inheritance in or out of the state they had to be registered. Or if it simply "get a regulated firearm of any kind, it has to be registered" at this point?

 

[esqappellate]

Sorry - I mean that the only way to get a regulated long-gun as a MD resident is to inherit it. I wasn't speaking to handguns.

Sorry, misinterpreted. The answer is still the same: yes you can receive by inheritance.

The ban on assault weapons in MD Code Criminal Law 4-303 incorporates the definition of "assault long gun." See MD Code Criminal Law 5-301(b), which in turn incorporates the list of regulated long guns weapons is in MD Code Public Safety 5-101(r)(2). However, MD Code, Public Safety, § 5-102(8) expressly provides that list in 5-101(r)(2) does not apply to "to the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm." So, that means an inherited gun that would otherwise be defined as an assault weapon is not an assault weapon if it is inherited. This is confirmed and made express by the provisions of MD Code, Criminal Law, § 4-302(5), which provides that the ban on assault weapons found in Section 4-303 "does not apply to * * * the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm"

 

[TruGroove62]

Interesting... I also reached out to a friend of mine who works in our gun unit. His response was that immediate family is allowed to transfer the long guns, even across state lines. If they are regulated long guns they would require registration in Maryland within 90 days of transfer.

These gun laws are stupid beyond compare and nobody seems to understand them at all. I can't wait to move to a free state...

If I wish to transfer a shotgun to my brother in MD, can I just do a bill of sale?

 

[Biggfoot44]

If I wish to transfer a shotgun to my brother in MD, can I just do a bill of sale?

Are you Maryland Resident ?

If you are , yes you can . Bill of Sale not mandated , but generally a good practice .

If you are not , no you can't . Has to be done at FFL . Can be in Maryland , or your State in that event .