Private sales

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  • scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,382
    Nope all firearms have to be transferred thru an FFL or the state police if regulated ( ffl can do it as well. )
     

    IronEye

    Active Member
    MDS Supporter
    Feb 10, 2018
    797
    Howard County
    Immediate family are exempt. As are transfers of a C&R eligible firearm between FFL-03 C&R licensees.

    Applicable Maryland law is section 5-201.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    And because someone will ask... Immediate family members as defined:

    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.
     

    hobiecat590

    Ultimate Member
    MDS Supporter
    Feb 2, 2016
    2,501
    Hypothetical question for the brain trust:

    A VA resident wants to gift a restricted weapon, (RW) to a MD resident using a MD FFL for the transaction. Would it be easier for the MD resident to buy the RW for $1 or accept the gift, or does it not matter what is paid or not paid for RW?
     

    eruby

    Confederate Jew
    MDS Supporter
    Private sales are still legal, but as noted above the actual transfer has to take place through an FFL.

    Disagree

    Private is private, i. e. no paperwork


    Hypothetical question for the brain trust:

    A VA resident wants to gift a restricted weapon, (RW) to a MD resident using a MD FFL for the transaction. Would it be easier for the MD resident to buy the RW for $1 or accept the gift, or does it not matter what is paid or not paid for RW?
    Price doesn't matter

    FFL charges his vigorish, and State fee is I think $10
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,738
    Columbia
    Hypothetical question for the brain trust:

    A VA resident wants to gift a restricted weapon, (RW) to a MD resident using a MD FFL for the transaction. Would it be easier for the MD resident to buy the RW for $1 or accept the gift, or does it not matter what is paid or not paid for RW?

    What is a restricted weapon?


    Sent from my iPhone using Tapatalk
     

    hobiecat590

    Ultimate Member
    MDS Supporter
    Feb 2, 2016
    2,501
    What is a restricted weapon?


    Sent from my iPhone using Tapatalk
    Wheel gun aka revolver falls into the "restricted" weapons catagory in MD. BTW, MD resident has HQL.
    Disagree

    Private is private, i. e. no paperwork



    Price doesn't matter

    FFL charges his vigorish, and State fee is I think $10
    Thanks. Was not sure if this was an issue or not like it is with motor vehicles.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,112
    Hypothetical question for the brain trust:

    A VA resident wants to gift a restricted weapon, (RW) to a MD resident using a MD FFL for the transaction. Would it be easier for the MD resident to buy the RW for $1 or accept the gift, or does it not matter what is paid or not paid for RW?
    Doesn't make a difference if it's a gift or the MD resident pays $1.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,188
    Anne Arundel County
    Long guns only, NOT C&R handguns (unfortunately).
    That's true if the transfer occurs in MD and therefore it's an intrastate, not interstate, transfer. Go to another state, and your Federal FFL03 C&R is perfectly legal for a private party transfer of a C&R handgun. Maryland's writ applies only to actions occurring in MD. Of course you do need to be compliant compliant with the laws of the state you are actually in, and Federal law, for the transaction.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,491
    Fairfax, VA
    Immediate family are exempt. As are transfers of a C&R eligible firearm between FFL-03 C&R licensees.

    Applicable Maryland law is section 5-201.

    Doesn’t the MD law exempt FFL03s for all long guns, not just C&Rs, because of the way state law defines “dealer’s license” and “licensee?”


    “(d) "Licensee" means a person who holds a dealer's license.”

    “(b) "Dealer's license" means a federal firearms license.”


    “(a) This section does not apply to: (1) a sale, rental, or transfer: (i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;”

    Hypothetical question for the brain trust:

    A VA resident wants to gift a restricted weapon, (RW) to a MD resident using a MD FFL for the transaction. Would it be easier for the MD resident to buy the RW for $1 or accept the gift, or does it not matter what is paid or not paid for RW?
    MD and feds don’t care about whether it’s sold or gifted. They regulate transfers, not sales, in that case.
     

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