need some advice on transfer and my dilemma

[jlselect127]

I won two stripped AR lowers on gun broker.com ...I know you can only get one regulated item per 30 days and I've heard 2 from the same dealer at one time but you are not allowed to buy another regulated item for 60 days...don't know if its true...well I didn't think I was going to win the spikes lower for 225 but I did...I just threw a bid out there and got it...I was already in a bidding war for a del-ton And I wound up winning that...so how can i legally do this transfer??also who has some good prices?.my guy said 70 which is high imo..should I say to my lovely gf "hey baby guess what ??you just won an awesome stripped lower, let's go fill your paper work honey" or can I get them shipped and just get one when its cleared And the other in 30 days while my guy holds the second lower?? My irresponsible bidding and temptation for another spikes lower got the best of me??? Any feedback will be appreciated..

 

[JustJohnny]

Personally, if it were me, I'd quickly edit that post, just saying.

 

[Boom Boom]

Most FFLs have a large safe. If an FFL is agreeable to it, transfer in all three at once and do the paperwork for all three. The paperwork for two gets submitted now. Then pick up those two after the 7-day wait or however long it takes. Then go pick up the third one no sooner than 60 days after you pick up the first two, keeping in mind the FFL needs to submit the paperwork for the third one on the 54th day. Offer the FFL some scratch for taking up a little room in their safe for those 60 days. Win-win.

In the mean time, send in the MD Designated Collector form. If it comes back quickly as approved, the FFL can immediately submit the paperwork for the third one. Regardless, show the FFL some appreciation with your wallet. Make them want you to be a frequent customer.

 

[Turbo2Point4]

just do the transfers for 2 regulated lowers, then if you want anything else wait 60 days, from what i got out of your post i read you have 2, but i see someone said about 3 lowers, maybe i missed that part though.

 

[BUFF7MM]

Most FFLs have a large safe. If an FFL is agreeable to it, transfer in all three at once and do the paperwork for all three. The paperwork for two gets submitted now. Then pick up those two after the 7-day wait or however long it takes. Then go pick up the third one no sooner than 60 days after you pick up the first two, keeping in mind the FFL needs to submit the paperwork for the third one on the 54th day. Offer the FFL some scratch for taking up a little room in their safe for those 60 days. Win-win.

In the mean time, send in the MD Designated Collector form. If it comes back quickly as approved, the FFL can immediately submit the paperwork for the third one. Regardless, show the FFL some appreciation with your wallet. Make them want you to be a frequent customer.

^^^^This

 

[jlselect127]

Personally, if it were me, I'd quickly edit that post, just saying.

Because???? Two law abiding citizens...one could be a gift to build her AR and one for me...nothing illegal with that...I wouldn't do anything to circumvent any laws or put my ownership of firearms illegal...plus I've been with her many years and have numerous kids together..nothing shady but I could see how what I said could be seen as conniving..

 

[NateIU10]

Because???? Two law abiding citizens...one could be a gift to build her AR and one for me...nothing illegal with that...I wouldn't do anything to circumvent any laws or put my ownership of firearms illegal...plus I've been with her many years and have numerous kids together..nothing shady but I could see how what I said could be seen as conniving..

Straw purchase isn't about inability to pass the background check, it's about answering the "actual purchaser" question truthfully.

 

[rico903]

$70 is high, but if he is willing to work with you and hold 1 for 30 days it may just be worth it. As long as each person is the actual buyer I don't see anything illicit in your hypothetical scenario. She could always transfer it to you later for $10 at an MSP barracks. In this case I'd find a cheaper FFL. Your best bet may be to do the 2 at one time scenario and then have to wait 60 days for another purchase. I don't recommend trying to get involved in any gray area. It is not worth it.

 

[mopar92]

Bollingers Gunsmithing and sales has two safes. Tell him Mopar sent ya. Transfer two and submit the MD Designated Collector paperwork (they have some copies at the shop). Transfer the third after the paperwork comes back or in 60 days whichevers first.

 

[Markp]

The biggest potential problem I see with all this is that the law could change in the middle of all this (over the next 60-90 days), if it does, that could make things more difficult for you. It's too bad you didn't have the matching "HBAR" uppers shipped to him at the same time so that you could pick up your unregulated rifles with just a NICS check.

Bummer.

That's certainly how I would want them transferred, unless I was building pistols. Nothing wrong with her owning her own AR, FWIW. She would have to eventually transfer it to you if you wanted to keep it. It's too bad that MD doesn't recognize trusts as people, if it did... three trusts and you'd be golden. :p

 

[4095fanatic]

I'm not a lawyer, but I believe he'd be fine in regards to it not being a straw purchase. Federal and state laws below:

Per code of Maryland (bold/underline added by me)

Section 5-136 - Straw purchases.
§ 5-136. Straw purchases.


(a) Scope of section.-

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a) (2) of this subtitle for a gift purchased in accordance with this subsection.

(b) Prohibited.- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.


[An. Code 1957, art. 27, § 442(b); 2003, ch. 5, § 2.]

And taking from my Federal Firearms Regulations Reference Guide, p. 165:

Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could
lawfully have completed Form 4473. The use of gift certificates would also
not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly
reflected as such in the dealer's records.