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  • k9guy

    Active Member
    Feb 12, 2011
    326
    A question for some of the Industry Partners or other FFL’s. If someone who is not a MD resident wants to purchase a banned long gun from a MD FFL, can that person get it cash and carry or does it need transferred to a dealer in their state.

    If you know the answer could you please leave a link on where you saw this written.

    Thanks
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    A question for some of the Industry Partners or other FFL’s. If someone who is not a MD resident wants to purchase a banned long gun from a MD FFL, can that person get it cash and carry or does it need transferred to a dealer in their state.

    If you know the answer could you please leave a link on where you saw this written.

    Thanks

    The law says "cannot be sold or offered for sale in Maryland", except to an FFL, LEO, .MIL, or other entity explicitly listed as exempt from FSA2013. You would have to be physically present in MD to get the gun from a MD FFL, so MD law would apply to your purchase as well as Federal law. So I would read that as you're needing to buy it through a non-MD FFL.

    IANAL, though.
     

    k9guy

    Active Member
    Feb 12, 2011
    326
    The law says "cannot be sold or offered for sale in Maryland", except to an FFL, LEO, .MIL, or other entity explicitly listed as exempt from FSA2013. You would have to be physically present in MD to get the gun from a MD FFL, so MD law would apply to your purchase as well as Federal law. So I would read that as you're needing to buy it through a non-MD FFL.

    IANAL, though.

    I’m not quite sure I understand your answer. So for example a person who lives in WV goes into a MD FFL and wants to purchase a non-hbar AR, can they sell it to him?
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    I’m not quite sure I understand your answer. So for example a person who lives in WV goes into a MD FFL and wants to purchase a non-hbar AR, can they sell it to him?

    No, they cannot sell it to him because he is in MD for the purchase, even though he intends to take it out of state.

    And Federal law says a purchase in a state other than state of residence is legal only if it is legal in both the state of purchase and state of residence. So buying that gun in MD would violate MD law, and therefore Federal law (GCA 1968) would also be, er, triggered.
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    No, they cannot sell it to him because he is in MD for the purchase, even though he intends to take it out of state.

    And Federal law says a purchase in a state other than state of residence is legal only if it is legal in both the state of purchase and state of residence. So buying that gun in MD would violate MD law, and therefore Federal law (GCA 1968) would also be, er, triggered.

    I believe the FFL that it is shipped to is the actual seller. In the Washington DC forum there is a discussion about legal AR style weapons in DC. One that was found would not be legal in MD because of the barrel. It is listed for sale on numerous dealers website in MD and was stated that it has to be shipped to a FFL dealer in a state where it is legal.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    I believe the FFL that it is shipped to is the actual seller. In the Washington DC forum there is a discussion about legal AR style weapons in DC. One that was found would not be legal in MD because of the barrel. It is listed for sale on numerous dealers website in MD and was stated that it has to be shipped to a FFL dealer in a state where it is legal.

    Yup. If the gun was shipped to an FFL in the buyer's home state (i.e. not MD), FSA2013 would be irrelevant and the purchase could be completed, assuming the gun is legal to purchase in the buyer's state of residence.
     

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