Question on Picking up C&R from Dad in Texas

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  • Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    I'm pretty sure that your statement that Maryland law prohibits FTF transfers in Maryland is not correct...

    I don't disagree, as already posted. Still doesn't matter. The OP is a MD resident. His father is a TX resident. If his father owns the long gun, then a FTF transaction in is illegal in any state per federal law, unless the OP has his C&R FFL and since the long gun in question qualifies as C&R.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,182
    Harford County
    No . . . See § 922(a)(5)B(). He can lend it to him for "temporary use for lawful sporting purposes[.]"

    Guys, let's keep this on the straight and narrow. Follow the laws. OP - if you don't have your 03 by then, have it transferred through an FFL when you are in TX.

    In addition to sharing information about collectable firearms, our job here is to help each other stay out of trouble. Given the fact that these forums are open to all, let's not discuss how one might or might not have received something back in 1942 when he was in high school.

    Define temporary. He can borrow it from his Father until he has his C&R License or can transfer legal ownership in some other way. Temporary can be 1 week or 5 years as far as I am concerned.
     

    Abulg1972

    Ultimate Member
    In all honesty, I would have him ship it to you once you get your 03. I'll bet you will save money over bringing it back with you.

    Think about it. Depending on how you package it, it will cost approx $25 to ship a long gun from TX to MD via UPS. If you have your license, he can ship directly to you. No dealer fees. You have a very nice gun for $25.

    If you bring it back: Transfer fee in TX (approx $25); depending on which airline you fly, $25 baggage fee; unless your dad has a case, $200 for a TSA-proof locking case (or, if you have one, strike that but add a $25 baggage fee on the outbound flight).
     

    Machodoc

    Old Guy
    Jun 27, 2012
    5,745
    Just South of Chuck County
    He bought it and was always intended to be "mine." When it officially became mine is fuzzy.

    I guess he could lend it to me until my C&R comes in?

    The bitch of it is all of this should be completely unnecessary.

    You're right. It should be completely unnecessary.

    I believe in obeying laws, but so long as you and your dad agree that it was your gun before you left your home in TX, and TX did not require any sort of registration for transfer then, you are just going back to retrieve it like any other piece of property that you left in his safekeeping.

    Jeez ... I had property that was left in the storage areas of the family home that I didn't retrieve until my parents were getting ready to sell in in anticipation of moving into a retirement community, and that was 30 years after I moved from their house.
     

    Abulg1972

    Ultimate Member
    Define temporary. He can borrow it from his Father until he has his C&R License or can transfer legal ownership in some other way. Temporary can be 1 week or 5 years as far as I am concerned.

    It's all about intent at the time of transfer . . .

    If you want to roll the dice with your freedom and your collection, be my guest. Take my advice for what you think it's worth. YMMV.
     

    Machodoc

    Old Guy
    Jun 27, 2012
    5,745
    Just South of Chuck County
    Hey ... OP ... I get what you are saying, and understood it when you said "family gun" in the original posting. Maybe it's just a Southern thing, and only Chuck and Sweet Marys counties are still Southern in MD.

    I can't imagine the storm troopers beating down your door, nor a court quibbling over when, precisely, your dad said, "I want this to be yours." I believe in following the laws, even if it costs me extra cash, but in this case, the intent clearly was that this was your rifle before you left home in TX, it was stored there for safekeeping, and now you are simply retrieving your property.

    The transfer, whenever in the past it happened, did not require any registration, NICS check, etc., so no laws are being broken. I don't think you have to be "loaned" your own property.
     

    Abulg1972

    Ultimate Member
    Hey ... OP ... I get what you are saying, and understood it when you said "family gun" in the original posting. Maybe it's just a Southern thing, and only Chuck and Sweet Marys counties are still Southern in MD.

    I can't imagine the storm troopers beating down your door, nor a court quibbling over when, precisely, your dad said, "I want this to be yours." I believe in following the laws, even if it costs me extra cash, but in this case, the intent clearly was that this was your rifle before you left home in TX, it was stored there for safekeeping, and now you are simply retrieving your property.

    The transfer, whenever in the past it happened, did not require any registration, NICS check, etc., so no laws are being broken.

    Machodoc - Generally speaking, I don't disagree with you. The problem is, however, that things have now been posted publicly. Long ago, I brought back firearms from my father that I bought when I lived with him but kept at his house when I went to school, etc. and that he kept/took with him when he moved. In those cases, I wouldn't argue with you. But, when there is any doubt, when memories are fuzzy, when our already-infringed freedom and our collections are on the line, it's just not worth the $25 IMO.
     

    TxAggie

    Ultimate Member
    Feb 25, 2012
    4,734
    Anne Arundel County, MD
    In all honesty, I would have him ship it to you once you get your 03. I'll bet you will save money over bringing it back with you.

    Think about it. Depending on how you package it, it will cost approx $25 to ship a long gun from TX to MD via UPS. If you have your license, he can ship directly to you. No dealer fees. You have a very nice gun for $25.

    If you bring it back: Transfer fee in TX (approx $25); depending on which airline you fly, $25 baggage fee; unless your dad has a case, $200 for a TSA-proof locking case (or, if you have one, strike that but add a $25 baggage fee on the outbound flight).


    This actually makes the most sense, thank you. The main issue with him sending it himself is that he lives 30 miles from the nearest UPS and their hours are a bit quirky.

    So if I do the transfer pre-C&R in TX, we do the transfer in TX?

    But if he ships here post C&R it comes straight to my house?

    Sorry for the redundant questions, but I do want to do this the right way.
     

    Abulg1972

    Ultimate Member
    This actually makes the most sense, thank you. The main issue with him sending it himself is that he lives 30 miles from the nearest UPS and their hours are a bit quirky.

    So if I do the transfer pre-C&R in TX, we do the transfer in TX?

    YES

    But if he ships here post C&R it comes straight to my house?

    YES

    Sorry for the redundant questions, but I do want to do this the right way.

    No worries my friend.
     

    TxAggie

    Ultimate Member
    Feb 25, 2012
    4,734
    Anne Arundel County, MD
    Hey ... OP ... I get what you are saying, and understood it when you said "family gun" in the original posting. Maybe it's just a Southern thing, and only Chuck and Sweet Marys counties are still Southern in MD.

    I can't imagine the storm troopers beating down your door, nor a court quibbling over when, precisely, your dad said, "I want this to be yours." I believe in following the laws, even if it costs me extra cash, but in this case, the intent clearly was that this was your rifle before you left home in TX, it was stored there for safekeeping, and now you are simply retrieving your property.

    The transfer, whenever in the past it happened, did not require any registration, NICS check, etc., so no laws are being broken. I don't think you have to be "loaned" your own property.


    And he kept them there because my intent was to move back to Texas. Unfortunately his health isn't all that great and I'm not returning anytime soon.
     

    Machodoc

    Old Guy
    Jun 27, 2012
    5,745
    Just South of Chuck County
    This actually makes the most sense, thank you. The main issue with him sending it himself is that he lives 30 miles from the nearest UPS and their hours are a bit quirky.

    So if I do the transfer pre-C&R in TX, we do the transfer in TX?

    But if he ships here post C&R it comes straight to my house?

    Sorry for the redundant questions, but I do want to do this the right way.

    If, after you get your C&R, and since it's a long rifle, the thing can be shipped USPS. If you decide to go that route, take the time when you are there to buy a hard case and a cardboard box for it to fit into. Then pack it up, put your address on it, and take it to the post office. Get the right postage for it put onto the package, but either don't seal it completely or get one of those stick-on plastic shipping paperwork envelopes to go with it.

    In short, do everything BUT actually seal it up and ship it.

    Then, when you have your C&R, send your dad a copy. He can slip it into the box (or attach it, folded up so you can't read it, in the shipping envelope), seal up the package, and ask the mail carrier to pick it up.

    I still wouldn't hesitate to just bring my gun home, though.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,182
    Harford County
    It's all about intent at the time of transfer . . .

    If you want to roll the dice with your freedom and your collection, be my guest. Take my advice for what you think it's worth. YMMV.

    It's a damn shame that law abiding people have to go through all of this just to try and comply with all these stupid laws. It should not have to be this complicated.
     

    Machodoc

    Old Guy
    Jun 27, 2012
    5,745
    Just South of Chuck County
    It's a damn shame that law abiding people have to go through all of this just to try and comply with all these stupid laws. It should not have to be this complicated.

    No kidding! If we were law-breaking gang bangers, we'd just buy the gun from the pool of unregistered, stolen, whatever, firearms and be done with it. But the politicians, whoring to get votes from anti-gun folks who can't grasp that concept, and unable to control the law breakers and lunatics, put on a show of "taking action" by making our lives more difficult.
     

    TxAggie

    Ultimate Member
    Feb 25, 2012
    4,734
    Anne Arundel County, MD
    When you get it home, can I borrow it indefinitely?


    Lol!

    Unfortunately it's probably not worth a whole lot as a collector. While looking at it last summer I posted pics of it and it turns out it is a low serial number Rock River. Apparently these have questionable metalwork and are recommended to not be fired.
     

    Abulg1972

    Ultimate Member
    Lol!

    Unfortunately it's probably not worth a whole lot as a collector. While looking at it last summer I posted pics of it and it turns out it is a low serial number Rock River. Apparently these have questionable metalwork and are recommended to not be fired.


    Research and draw your own conclusions. Don't believe everything you read on the Interwebz.


    Sent from my iPhone using Tapatalk
     

    mgbill

    Active Member
    Apr 19, 2007
    370
    Mount Airy, MD
    Lol!

    Unfortunately it's probably not worth a whole lot as a collector. While looking at it last summer I posted pics of it and it turns out it is a low serial number Rock River. Apparently these have questionable metalwork and are recommended to not be fired.

    We all know you meant "Rock Island" and not Rock River. But that would be a nifty rumor to get started..."low serial number Rock Rivers will blow up..."
     

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