MD Collector's status doesn't allow non-reglated FTF in MD?

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  • Adams74Chevy

    Hits broadsides of barns
    Oct 3, 2007
    2,699
    Carroll Co.
    I found a guy on gun broker selling a Hi-Point carbine in MD so I emailed to see if he would FTF if I got it here is our email exchange...

    Hello,

    I am also in MD, I was curious if I purchased this rifle could I pick it
    up? Since it is an unregulated firearm in MD and can be transfered face to
    face.

    Thanks,
    Adam

    his response:

    No, I'm sorry. The reason I list no Maryland bidders is because I have Collector's Status here with the State Police. Which means I can only sell to authorized licensed dealers or to out-of-state residents. I did purchase this firearm before I got collector's status, but I would rather be safe than sorry. I am very sorry.
    Thanks

    I noticed he has now added to his auction he doesn't sell to MD or CA.

    Is it just me or is he misinformed or have a case of the battered gun owner syndrome?

    Is he wrong or am I? If he's wrong is it worth trying to get the laws straight with him?
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Yes, it is a case of the battered gun owner syndrome and he is wrong....so wrong I almost thought he was joking when I read his reply.
     

    vette97

    Ultimate Member
    Feb 9, 2008
    1,915
    Carroll County, Maryland
    I would ask him to please identify the specific MD law that prohibits Regulated Firearms Collectors from selling non-regulated firearms to MD buyers, and offer no other remarks. Let him look up the law and find that there is none and possibly have a revelation.

    It's his choice not to sell it to you, unfortunately, as I've been down this road with sellers who misinterpret the law. Sometimes, it's better to move on, because if they don't understand the laws, imagine what else they don't understand.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    No, I'm sorry. The reason I list no Maryland bidders is because I have Collector's Status here with the State Police. Which means I can only sell to authorized licensed dealers or to out-of-state residents. I did purchase this firearm before I got collector's status, but I would rather be safe than sorry. I am very sorry.
    (emphasis added by me - H/C)

    He's not just misinformed, he's dangerously misinformed.

    He apparently thinks that his Maryland Collector's Status gives him the right to "sell to.... out-of-state residents".

    Not without going through an FFL, he'd better not!
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    bb330... I was talking about inter-state transactions, only... in-state long gun transactions are o.k., provided they're not straw purchases or regulated long guns.

    The OP referred to a non-C&R long gun; the seller stated he had a Maryland Designated Collector's designation but made no reference to having a C&R license, which would be irrelevant if he was talking about selling non-C&R guns out of state, in any case.

    If you have a C&R license, you can, of course, legally sell C&R guns to out-of-state purchasers. But the MDC status gives you absolutely NO authority to conduct interstate firearms sales.

    If he's shipping non-C&R guns to out-of-state purchasers without shipping them to a FFL... he's going to be in big trouble.
     

    R2.0

    Ultimate Member
    Jan 15, 2008
    1,054
    If you have a C&R license, you can, of course, legally sell C&R guns to out-of-state purchasers. But the MDC status gives you absolutely NO authority to conduct interstate firearms sales.

    No.You.Can.NOT! at least, not in the manner you imply.

    A C&R allows your to receive/take possession of C&R firearms from someone not in your state of residence. Period.

    ANYONE can sell a firearm to out of state purchasers - but it MUST go through an FFL holder (01 or 03 as appropriate.)

    ATF regulations regarding interstate transactions are always better expressed in terms of the receiver, NOT the seller.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    No.You.Can.NOT! at least, not in the manner you imply.

    A C&R allows your to receive/take possession of C&R firearms from someone not in your state of residence. Period.

    Incorrect. A C&R license allows you to buy, AND sell, C&R firearms in interstate commerce.

    ANYONE can sell a firearm to out of state purchasers - but it MUST go through an FFL holder (01 or 03 as appropriate.)

    Well, yeah... that's my whole point. They seller referred to in the OP said he had a MDC designation, no mention of having any kind of FFL.
     

    empty5853

    Active Member
    Aug 22, 2007
    106
    Mechanicsville
    I would ask him to please identify the specific MD law that prohibits Regulated Firearms Collectors from selling non-regulated firearms to MD buyers, and offer no other remarks. Let him look up the law and find that there is none and possibly have a revelation.

    It's his choice not to sell it to you, unfortunately, as I've been down this road with sellers who misinterpret the law. Sometimes, it's better to move on, because if they don't understand the laws, imagine what else they don't understand.


    Been there done that. I've had people tell me (a C&R FFL Holder) that it's illegal to sell me a rifle thats over 50 years old. I even send them the link to the ATF site and tell him the section to look under. Doesn't matter. As vette97 stated " It's their choice".

    Mark T.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    Been there done that. I've had people tell me (a C&R FFL Holder) that it's illegal to sell me a rifle thats over 50 years old. I even send them the link to the ATF site and tell him the section to look under. Doesn't matter.

    Some people are just dumb, and wouldn't take the cure for it if you gave it to them free.
     

    Jim Keenan

    Active Member
    Aug 16, 2008
    259
    Everything I have seen on Hi Point carbines indicates they are pretty good.

    The MD collector status has nothing to do with selling guns by anyone. It only allows collectors to avoid the one gun per month limit on purchases. (It also gives collectors a certain legitimacy when they do not choose to obtain a federal C&R license.)

    Jim
     

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