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  • shadow116

    2nd Class Citizen
    Feb 28, 2008
    1,542
    Emmitsburg
    From the ATF website
    http://www.atf.gov/firearms/faq/faq2.htm

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    also

    (B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

    [27 CFR 478.11]

    and for further information

    FFL NEWSLETTER August 2004

    CONTIGUOUS STATE - PART 2
    In an article that appeared in the December 2002
    edition of the FFL Newsletter, we advised FFLs
    that the "contiguous state" provisions of the Gun
    Control Act were amended in 1986, and that the
    GCA allows dealers to sell or dispose of a long
    gun to a resident of another state provided, (1) the
    purchaser was not otherwise prohibited from
    receiving or possessing a firearm under the GCA,
    and (2) the sale, delivery and receipt fully comply
    with the legal conditions of sale in the buyer's and
    seller's States.
    The condition of sale relating to compliance with
    the applicable laws of both States cited above
    continues to cause confusion among dealers,
    particularly among those dealers who conduct
    business in a State whose laws presently contain
    language that allows "contiguous state" sales.
    Historically, prior to the 1986 amendments to the
    GCA, many States enacted provisions in their laws
    that allowed their residents to acquire a long gun in
    a contiguous State. For the most part, these State
    law provisions were modeled after the contiguous
    state provisions of the GCA. However, even
    though the GCA was amended in 1986 to allow
    the sale of long guns to residents of any State
    pursuant to the conditions cited above, many States
    have not yet amended their laws to reflect similar
    language. ATF takes the position that if the laws
    of a given State allow its residents to acquire a long
    gun in a contiguous State, those laws also allow its
    residents to acquire a long gun in any other State
    where the laws of that State permit such
    transactions, unless the language contained in that
    State's law expressly prohibits it residents from
    acquiring a firearm outside that State. Questions
    regarding particular State law provisions should be
    referred to your local ATF office.


    Link to ATF News Letters (http://www.atf.gov/firearms/newsletter/index.htm)
     

    04RWon

    Ultimate Member
    Feb 13, 2010
    5,178
    Orlando, FL
    Bringing this back...how does out of state private party for a long gun work?

    NO SPECULATION, only fact thanks. Im seriously confused


    Bc i i can go to VA or even NC and buy a "non regulated" by MD's standards from a shop, whats the difference with private party? Also since in MD currently you can still transfer cash and carry.
     

    Scott7891

    Love those Combloc guns
    Sep 4, 2007
    1,894
    Back in MD sadly
    Bringing this back...how does out of state private party for a long gun work?

    NO SPECULATION, only fact thanks. Im seriously confused


    Bc i i can go to VA or even NC and buy a "non regulated" by MD's standards from a shop, whats the difference with private party? Also since in MD currently you can still transfer cash and carry.

    You can only do private party transfers if both are residents of the same state. If you are from Maryland and your friend has Virginia residency it has to be done through an FFL, no exceptions it is federal law.
     

    04RWon

    Ultimate Member
    Feb 13, 2010
    5,178
    Orlando, FL
    You can only do private party transfers if both are residents of the same state. If you are from Maryland and your friend has Virginia residency it has to be done through an FFL, no exceptions it is federal law.

    Ohhhhh ok. So there is a difference. Now how about family?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    1) MD resident can buy any non-regulated firearm from an FFL of any state. The border state thing was part of Gun Control Act of 1968, but was removed in the late 80s. SOME FFLs will not sell ANY firearm to an MD resident to avoid possibly selling a regulated firearm, which would NOT be legal.

    2) Face to face, MD resident to MD resident (or any two that are residents of the same state) can sell a non-regulated (regulated/non-regulated only applies in MD) without any background check. BUT, if the seller has any knowledge or or reason suspect that the buyer is not legal to possess said firearm, they cannot legally sell it.

    3) Two residents of different states, the transfer MUST go through an FFL. Federal law.

    4) If the firearm in #3 is an MD regulated firearm and the buyer is an MD resident, the transfer MUST go through an MD FFL. Non-regulated can be through an FFL in either state.
     

    Blake_7.62

    Active Member
    Oct 17, 2010
    364
    Perfectly legal, as long as its a non-regulated firearm in the state you reside. The NICS technician will have to perform a manual check, and the FFL will ask a little more info than normal. The process takes a few minutes longer than normal.

    +1
     

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