Handgun purchase question

Dave · Jun 6, 2020

10 years ago, a friend purchased a handgun from a PA lgs, being a MD resident. No MD registration was ever done. In my mind, this was an illegal transfer, no? Shouldn't it have been transfered to a MD ffl to complete the transaction? If it was illegal, what would she need to do now? Register it with msp?

Thanks,
Dave

DutchV · Jun 6, 2020

Is she prohibited or planning on doing something dumb? I think I'd just forget where I bought that and carry on.

Dave · Jun 6, 2020

Not prohibited. MD isn't mandatory registration right? So if they sold it to her, that's on them? Nothing she legally has to do?

Dave · Jun 6, 2020

She doesn't want to be outside the law is what I'm getting at

135sohc · Jun 6, 2020

Once upon a time if you moved into this state and already owned a handgun purchased while a resident in another state it was voluntary to tattle on yourself and add your name to the confiscation database. Since FSA 2013 it has been compulsory within 90 days of establishing residence here.

The transfer of a handgun from a FFL to the owner/buyer has to be done in their (buyer's) state of residence*. That is a federal thing and nothing set by the state.

*C&R FFL holders buying C&R firearms does not apply here.

foodpoison · Jun 6, 2020

135sohc said:
Once upon a time if you moved into this state and already owned a handgun purchased while a resident in another state it was voluntary to tattle on yourself and add your name to the confiscation database. Since FSA 2013 it has been compulsory within 90 days of establishing residence here.

The transfer of a handgun from a FFL to the owner/buyer has to be done in their (buyer's) state of residence*. That is a federal thing and nothing set by the state.

*C&R FFL holders buying C&R firearms does not apply here.

Yep

Dave · Jun 7, 2020

So purchased before fsa 2013 she's good when it comes to MD then? Basically nothing to see here?

Bullfrog · Jun 7, 2020

Dave said:
So purchased before fsa 2013 she's good when it comes to MD then? Basically nothing to see here?

No... not at all.

In violation of federal law... Gun control act of 1968 requires handguns to be purchased in the state of residence. You can not purchase directly from an FFL in another state.

Also in violation of Maryland law. I don't know when they began to identify handguns as regulated weapons and require a form 77R, but it was well before 10 years ago, so she did not purchase it in accordance with Maryland law.

She needs to consult an attorney asap.

marko · Jun 7, 2020

I think the $400 value of this handgun is worth taking this thing apart and throw into a river.
Not worth the hassle, and I am sure charges would be brought in this day and age.
She can't use it to protect herself, it is worthless. Dismantle and toss it.
Start fresh legally.

Bullfrog · Jun 7, 2020

135sohc said:
Once upon a time if you moved into this state and already owned a handgun purchased while a resident in another state it was voluntary to tattle on yourself and add your name to the confiscation database. Since FSA 2013 it has been compulsory within 90 days of establishing residence here.

The transfer of a handgun from a FFL to the owner/buyer has to be done in their (buyer's) state of residence*. That is a federal thing and nothing set by the state.

*C&R FFL holders buying C&R firearms does not apply here.

Re bolded text: that is not what happened here. What you describe is a legal purchase followed by a change of residency.

If it occurred as described, it was an illegal purchase from the beginning.

OP: there are some PA dealers that have relationships with MD dealers, or at least there used to be.

Is there any chance she purchased it in PA but they sent it to a MD FFL for her to complete the 77R and pick it up? It was 10 years ago after all, maybe she remembers the purchase but forgot about going somewhere to pick it up...

Bullfrog · Jun 7, 2020

marko said:
I think the $400 value of this handgun is worth taking this thing apart and throw into a river.
Not worth the hassle, and I am sure charges would be brought in this day and age.
She can't use it to protect herself, it is worthless. Dismantle and toss it.
Start fresh legally.

Then she runs the risk of someone finding it some day, however remote that chance may be, then it comes back to bite her in the butt.

If she wanted to do that it would be better to remove everything from the frame and reduce the frame to metal filings with an angle grinder.

marko · Jun 7, 2020

Then she runs the risk of someone finding it some day, however remote that chance may be, then it comes back to bite her in the butt.

If she wanted to do that it would be better to remove everything from the frame and reduce the frame to metal filings with an angle grinder.

Semantics, my friend. But great minds think alike. No way would I even begin a transfer in this case.

rseymorejr · Jun 7, 2020

It never would have crossed my mind to even ask the question. I guess I'm not as civic minded as I thought.

Pinecone · Jun 7, 2020

Bullfrog said:
No... not at all.

In violation of federal law... Gun control act of 1968 requires handguns to be purchased in the state of residence. You can not purchase directly from an FFL in another state.

Also in violation of Maryland law. I don't know when they began to identify handguns as regulated weapons and require a form 77R, but it was well before 10 years ago, so she did not purchase it in accordance with Maryland law.

She needs to consult an attorney asap.

This. Federal felony.

77r came about in about 1966.

Threeband · Jun 7, 2020

Crazy overreaction here. If she really wants everything on the up and up, she should first get an HQL and second do a "voluntary registration."

No one is going to worry about where she got the gun ten years ago, as long as it isn't stolen.

Dave · Jun 7, 2020

Thanks all. Upon further grilling of the individual, she bought it from a lgs in Emmitsburg, "PA." she thought it was across the border, but I'm thinking it was in fact in MD just before the border, as Emmitsburg is a MD side city. Crisis averted.

Eta: Stateline Gun Exchange was the shop, so all good. Glad I didn't marry a felon :p

Dave · Jun 7, 2020

rseymorejr said:
It never would have crossed my mind to even ask the question. I guess I'm not as civic minded as I thought.

Came up in convo last night. Talking to friends about them getting their first firearm and the wife says, yeah I just went up to a lgs in PA and got mine. Red flags go up for me right away lol.

Pinecone · Jun 7, 2020

Threeband said:
Crazy overreaction here. If she really wants everything on the up and up, she should first get an HQL and second do a "voluntary registration."

No one is going to worry about where she got the gun ten years ago, as long as it isn't stolen.

Is that legal advice?

And you speak for the BATFE and FBI? As this a Federal crime.

Bullfrog · Jun 7, 2020

Dave said:
Thanks all. Upon further grilling of the individual, she bought it from a lgs in Emmitsburg, "PA." she thought it was across the border, but I'm thinking it was in fact in MD just before the border, as Emmitsburg is a MD side city. Crisis averted.

Eta: Stateline Gun Exchange was the shop, so all good. Glad I didn't marry a felon :p

Lol!

Great story. I think a road trip is in order, to show her where Emmitsburg is in relation to the state line. Stop by here on the way back and try the brisket sandwich.

.

Chubby's Barbeque
16430 Old Frederick Rd # A, Emmitsburg, MD 21727
(301) 447-3322

https://goo.gl/maps/SstdC5pX2awxXRKN7

Handgun purchase question

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