C&R FFL license under the new law...

I'm getting two opinions about whether or not C&R firearms...especially long guns...can be transferred directly from a private party in Maryland to a Maryland holder of a C&R FFL or if with the new law even those transfers need to go through a "regular" FFL. I just got my C&R FFL last fall and I'm still trying to figure out Maryland's laws...

The law is clear that from any FFL to a C&R holder it’s fine, no background check needed. From C&R to C&R (which falls under the any FFL) is is also clearly fine in the law.

What is fuzzy is a private individual to a C&R holder. I don’t think MDLEG intended that to be okay, but the way the law is written (I don’t think there is COMAR yet) the language is poorly written and carved out that any FFL holder may receive a long gun without a background check. They are exempt.

I think MDLEG intended it to just be dealers, importers and manufacturers. However the law states any FFL is considered a dealer under the law according to definitions in the law and dealers are exempt from the background check requirements. Under the same “dealers are exempt” from the law section there is a specific subsection saying C&R to C&R of a C&R long gun doesn’t require a background check.

Do with that as you may. Until I see COMAR and maybe get an AG opinion I’ll be sticking to C&R to C&R only. Call it battered gun owner syndrome if you will.

How can a law be enforced if there is no COMAR?

lazarus said:

The law is clear that from any FFL to a C&R holder it’s fine, no background check needed. From C&R to C&R (which falls under the any FFL) is is also clearly fine in the law.

What is fuzzy is a private individual to a C&R holder. I don’t think MDLEG intended that to be okay, but the way the law is written (I don’t think there is COMAR yet) the language is poorly written and carved out that any FFL holder may receive a long gun without a background check. They are exempt.

I think MDLEG intended it to just be dealers, importers and manufacturers. However the law states any FFL is considered a dealer under the law according to definitions in the law and dealers are exempt from the background check requirements. Under the same “dealers are exempt” from the law section there is a specific subsection saying C&R to C&R of a C&R long gun doesn’t require a background check.

Do with that as you may. Until I see COMAR and maybe get an AG opinion I’ll be sticking to C&R to C&R only. Call it battered gun owner syndrome if you will.

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The way I read it any FFL is exempt. I didn't see a restriction to only c&r. That may not have been the intention, but that's what I recall reading. Of course, I may have misread or my memory may be poor.

I agree the safest course is c&r to c&r only. We'll see how it shakes out.

I still do not understand how Maryland law can trump a Federal Firearms license. I understand that it is a C&R, but it is still a Federal firearms license. The 01 FFLs are exempt from Maryland firearm laws in a sense considering they can still receive regulated arms, magazines, and such. They just cannot sell them to MD residents. Why can a C&R holder in Maryland not also have the same treatment? Not regarding the regulated stuff, but the right to use our licenses to purchase C&R arms no matter where they come from. It is a Federal firearms license. We went through the process, we hold a license. Maryland law should not dictate how we can use our license.

A private individual can walk into an 01 and sell them a long gun, why should an 03 be different if it is a C&R qualifying firearm and it is entered into our bound book as required?

The same applies in my mind to two individuals that are MD residents and a C&R pistol is involved. Drives me crazy that they say that MSP still needs to be involved in the transfer. Don’t even get me started on the crossing state lines thing.

A Maryland resident does not have many good reasons to hold a C&R apparently unless they are always mail ordering things. Won’t be long before they say that can’t happen here either.

lazarus said:

The law is clear that from any FFL to a C&R holder it’s fine, no background check needed. From C&R to C&R (which falls under the any FFL) is is also clearly fine in the law.

What is fuzzy is a private individual to a C&R holder. I don’t think MDLEG intended that to be okay, but the way the law is written (I don’t think there is COMAR yet) the language is poorly written and carved out that any FFL holder may receive a long gun without a background check. They are exempt.

I think MDLEG intended it to just be dealers, importers and manufacturers. However the law states any FFL is considered a dealer under the law according to definitions in the law and dealers are exempt from the background check requirements. Under the same “dealers are exempt” from the law section there is a specific subsection saying C&R to C&R of a C&R long gun doesn’t require a background check.

Do with that as you may. Until I see COMAR and maybe get an AG opinion I’ll be sticking to C&R to C&R only. Call it battered gun owner syndrome if you will.

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That is why some laws are vague, to get people scared enough not to act within them

C & R license is a FEDERAL license and the Feds clearly explain INTERSTATE transactions. States can only control INTRASTATE issues. When I had an FFL03, guns I wanted to sell included a receipt or notation on the license copy of transaction's location (PA or VA as applicable) to show it being Interstate

Laws that state ALL FFLs includes ALL FFLs 01-whatever

I find it interesting that there's all these folks who "will not comply" to unconstitutional laws but won't act within what laws are clear and well-defined out of fear. Or create self-imposed further restrictions.

Docster said:

That is why some laws are vague, to get people scared enough not to act within them

C & R license is a FEDERAL license and the Feds clearly explain INTERSTATE transactions. States can only control INTRASTATE issues. When I had an FFL03, guns I wanted to sell included a receipt or notation on the license copy of transaction's location (PA or VA as applicable) to show it being Interstate

Laws that state ALL FFLs includes ALL FFLs 01-whatever

I find it interesting that there's all these folks who "will not comply" to unconstitutional laws but won't act within what laws are clear and well-defined out of fear. Or create self-imposed further restrictions.

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Sometimes we are our own worst enemy

Guys, federal law states you must comply with the state law of the state you are standing in for firearms transactions.

So it does not matter if you have an FFL if it is an intrastate transaction. This is why I cannot buy a handgun from an FFL handing over a copy of my FFL-03 to an FFL-01 and take possession of a C&R handgun same day if the transaction is occurring in Maryland.

It isn’t interstate commerce and MD law trumps here. MD AG opinion is we can import C&R handguns directly without the 77r process and 7 day wait if we have an FFL-03. But Maryland could ban an FFL-03 from doing that and MD law would trump unless feds/ATF come down and change the law and regulation to say that an FFL/FFL-03 is exempt from state law if conducting an interstate transaction. That is not what federal law and regulation says today.

The new long gun background check bill has an explicit exemption for C&R to C&R of a C&R long gun. It is 100% okay.

But if MD were to say C&R licenses are crap, nothing we could do about it IN Maryland. Unless we went out of state. Then MD could not ban us as it would be interstate commerce and ATF says the law of the state you are standing in governs an FFL.

However, the new MD law also appears written to generally exempt all FFLs from requiring a background check/transfer it to an FFL-01’s books type transaction for a long gun transfer.

In theory as an FFL-03 I can go buy a nearly new Remington 870 from someone no background check required. That is how these appears to be written, but I do not think that was MD legislatures intent. Otherwise they would not have a specific exemption for C&R to C&R of a C&R long gun. Unless they just wanted to be extra clear about what is okay.

lazarus said:

That is how these appears to be written, but I do not think that was MD legislatures intent. Otherwise they would not have a specific exemption for C&R to C&R of a C&R long gun. Unless they just wanted to be extra clear about what is okay.

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With MDGA you never know that for sure. Yeah, the wording probably doesn't reflect the intent of the sponsors. But who actually wrote the wording of the draft bill? There could be someone in the Department of Legislative Services, which IIRC often writes and edits drafts on behalf of legislators, who has a C&R and saw an opportunity to sneak in a loophole for themselves while still appearing to be adhering to the original sponsor's intent. Probable, no, but certainly possible.

See: http://dls.maryland.gov/about-us/editing-and-bill-processing

It might even be an interesting place to get new part-time career post-retirement.