C&R Long Gun Transer in MD

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    T

    Tenn870

    Active Member
    Jun 14, 2010
    154
    Western MD
    I have read through an old thread and a new thread on C&R transfers and cannot get a definitive answer. I am beginning to fear there is no straight answer and it falls into the legal gray area that so many things do until someone goes to court.

    Here is the situation: I am selling a C&R rifle to a C&R license holder. I do not have a C&R license. Are we able to do FTF transfer? I was under the impression until this morning that there was no issue for MD residents to do FTF transfers but was informed that a new law was passed making MD residents go to an FFL for an instant background check for ALL gun sales.

    I apologize if this has already been answered and thank you for any help!
     
    A

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,186
    Anne Arundel County
    The General Assembly overrode the Governor's veto of a bill passed last year that requires all long gun sales to go through an FFL 01 who is to run a NICS check. The bill is poorly written as it concerns C&R FFL holders. And the regulations for implementing the law have not yet been promulgated, so we do not yet know the State's official interpretation of the statute's text.

    A C&R FFL costs $30, less than some FFL01s charge for a transfer. There is a specific carveout in the law for where two C&Rs transfer a C&R firearm between them. That would be the safest way to go until the regulations (a.k.a. COMAR) are published.
     
    L

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    Allen65 said:
    The General Assembly overrode the Governor's veto of a bill passed last year that requires all long gun sales to go through an FFL 01 who is to run a NICS check. The bill is poorly written as it concerns C&R FFL holders. And the regulations for implementing the law have not yet been promulgated, so we do not yet know the State's official interpretation of the statute's text.

    A C&R FFL costs $30, less than some FFL01s charge for a transfer. There is a specific carveout in the law for where two C&Rs transfer a C&R firearm between them. That would be the safest way to go until the regulations (a.k.a. COMAR) are published.
    Click to expand...

    This.

    The bill says for sure that is okay (if you both hold a C&R license and it is a C&R long gun).

    What is the grey area is the bill appears written that C&R holders are exempt from needing the background check on any long gun if they are receiving it.

    But regulation has not been written yet.

    If regulation doesn't interpret the law the same way, I personally don't think a judge or jury will end up convicting you, but it puts you in legal jeopardy all the same if the executive branch of the state decides differently. Getting arrested and possibly charged because MDSP reads the law differently than you or I, or a defense lawyer is not a nice position to be in.

    Of course that assumes you'd be caught and all that too.
     
    Deep Thought

    Deep Thought

    Active Member
    Jan 27, 2013
    575
    Columbia, MD
    lazarus said:
    This.

    The bill says for sure that is okay (if you both hold a C&R license and it is a C&R long gun).

    What is the grey area is the bill appears written that C&R holders are exempt from needing the background check on any long gun if they are receiving it.

    But regulation has not been written yet.

    If regulation doesn't interpret the law the same way, I personally don't think a judge or jury will end up convicting you, but it puts you in legal jeopardy all the same if the executive branch of the state decides differently. Getting arrested and possibly charged because MDSP reads the law differently than you or I, or a defense lawyer is not a nice position to be in.

    Of course that assumes you'd be caught and all that too.
    Click to expand...

    Nobody wants to be the test case, of course.

    And I expect the court would dismiss any case for lack of standing unless you were actually charged.

    If COMAR takes a more narrow view, I expect it's defacto verboten.
     
    M

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,373
    HoCo
    yea, I"m not buying any C&R long gun in MD unless seller has C&R until COMAR comes out.
    It makes NO Sense that seller would need one but you know how SENSE and gun laws go.
     
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