Shotgun Transfer?

[kmittleman]

Hi all,


I'm trying to buy an 870 from a friend and was wondering if I needed to do a transfer. I called the MDSP Barracks in several locations and they either said, "no", "I don't know, call this other number", or "you need to register it online". Of course nothing came up under the MDSP's licensing section.

Anyone know the answer to this?

 

[tigmaned]

long guns like this are still o.k. to transfer yourselfs.... but give MoM more time and it could change....

NOW, what has me wondering is if i sell a handgun here in MD that person buying i know has to have the HQL, but do i have a HQL to also have mine to sell it?

 

[mgbill]

Uhhhh - wanna try that last sentence again? I think you asked whether a MD resident has to have an HQL in order to sell a regulated firearm. My answer to that question would be "no", but IANAL.

 

[Doctor_M]

Regarding the shotgun, you are OK with a face-to-face private transfer as long as you are both MD residents and nobody is prohibited from owning a firearm.

 

[cww]

Regarding the shotgun, you are OK with a face-to-face private transfer as long as you are both MD residents and nobody is prohibited from owning a firearm.

this and to add you do not need to register it online

 

[ddeanjohnson]

Hi all, I'm trying to buy an 870 from a friend and was wondering if I needed to do a transfer. I called the MDSP Barracks in several locations and they either said, "no", "I don't know, call this other number", or "you need to register it online". Of course nothing came up under the MDSP's licensing section. Anyone know the answer to this?

As already indicated by others, a face-to-face transfer is permitted, as long as both buyer and seller are Maryland residents, and not disqualified from possessing firearms (due to age, criminal history, mental health history, etc.) under either state or federal law. It is a good idea to exchange copies of drivers' licenses.

[Original comment on "folding stock" variant of 870 deleted, as other posters pointed out below that the "folding stock" provision of the new law is pertinent only to semi-auto shotguns, not pump guns. Note, however, that any "shotgun with a revolving cylinder" is a banned "copycat" under the new law, even though it is not, obviously, semi-automatic.]

 

[kmittleman]

As already indicated by others, a face-to-face transfer is permitted, as long as both buyer and seller are Maryland residents, and not disqualified from possessing firearms (due to age, criminal history, mental health history, etc.) under either state or federal law. It is a good idea to exchange copies of drivers' licenses.

This assumes that the Model 870 that you wish to buy is not the model with the folding stock. If it is, then your friend is allowed to keep it (assuming he owned it before October 1), but he is not allowed to sell it to another Maryland resident, because under the new law it is a banned "copycat weapon." The term "copycat weapon" does not mean that it is a copy of anything -- it is a just a political term that the law attaches to guns that have certain features.

So there's NO paper work to fill out? That's good for me, but makes absolutely no sense. Any time I've bought a long gun in the past, there was still the NICS check. So if a long gun is used and sold between individuals there's no check?

 

[jaycee2004]

This assumes that the Model 870 that you wish to buy is not the model with the folding stock. If it is, then your friend is allowed to keep it (assuming he owned it before October 1), but he is not allowed to sell it to another Maryland resident, because under the new law it is a banned "copycat weapon." The term "copycat weapon" does not mean that it is a copy of anything -- it is a just a political term that the law attaches to guns that have certain features.

Wait, I thought the copy cat only applied to centerfire semi auto rifles and not pump shotguns?

 

[dblas]

As already indicated by others, a face-to-face transfer is permitted, as long as both buyer and seller are Maryland residents, and not disqualified from possessing firearms (due to age, criminal history, mental health history, etc.) under either state or federal law. It is a good idea to exchange copies of drivers' licenses.

This assumes that the Model 870 that you wish to buy is not the model with the folding stock. If it is, then your friend is allowed to keep it (assuming he owned it before October 1), but he is not allowed to sell it to another Maryland resident, because under the new law it is a banned "copycat weapon." The term "copycat weapon" does not mean that it is a copy of anything -- it is a just a political term that the law attaches to guns that have certain features.

Shotgun copycat features only apply to semi-auto shotguns not pump shotguns.

 

[dblas]

Wait, I thought the copy cat only applied to centerfire semi auto rifles and not pump shotguns?

Copy Cat for handguns:

(IV) A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE THAT CAN ACCEPT MORE THAN 10 ROUNDS;

Copy Cat for shotguns:

(V) A SEMIAUTOMATIC SHOTGUN THAT HAS:

1. A FOLDING STOCK;

(VI) A SHOTGUN WITH A REVOLVING CYLINDER.

 

[ddeanjohnson]

Shotgun copycat features only apply to semi-auto shotguns not pump shotguns.

Wait, I thought the copy cat only applied to centerfire semi auto rifles and not pump shotguns?

Jaycee2004 and Dblas are correct with respect to shotguns with a folding stock -- that particular "copycat" provision only applies to semi-autos. I have modified my earlier post to correct my error. However, a "shotgun with a revolving cylinder" is a banned "copycat" even though it is not, obviously, semi-automatic.

 

[ddeanjohnson]

So there's NO paper work to fill out? That's good for me, but makes absolutely no sense.

President Obama agrees with you on this point, but I respectfully disagree.

 

[huesmann]

NOW, what has me wondering is if i sell a handgun here in MD that person buying i know has to have the HQL, but do i have a HQL to also have mine to sell it?

I don't believe that you need a HQL to sell it. Remember, if you owned a handgun prior to 10/1 you are grandfathered from needing an HQL for handguns you already own. Now, if you were to sell a handgun purchased after 10/1, you would already have an HQL since you would have needed one to buy the gun in the first place.

 

[ddeanjohnson]

NOW, what has me wondering is if i sell a handgun here in MD that person buying i know has to have the HQL, but do i have a HQL to also have mine to sell it?

The Handgun Qualification License is a license "that authorizes a person to purchase, rent, or receive a handgun." It has nothing to do with the person selling the handgun.

 

[ddeanjohnson]

Now, if you were to sell a handgun purchased after 10/1, you would already have an HQL since you would have needed one to buy the gun in the first place.

That is not necessarily the case. There are a variety of ways that a current Maryland resident, who does not have a Handgun Qualification License, might have legally obtained a handgun after October 1, 2013, and might now be offering it for legal sale to another Maryland resident. In fact, I can think of four ways this could happen, and there may be others. The handgun might be a "Curio or Relic," for example. Or, the owner might have inherited it.

But again, there is no requirement that the seller have a HQL under any circumstance.