Can VA resident buy long arms in MD??
- Thread starter RaiderANV
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yes, as long as the firearm is legal to possess in both states.
must be transferred through a VA FFL.
must be transferred through a VA FFL.
If its a long gun, couldn't the FFL be in either state?
Handguns would only be in the buyer's state of residence. Isn't that how it works?
Squaregrouper
Kragaphile
This is (99% sure) a C&R rifle, so if you have a C&R/03FFL you could drive here and pick it up yourself.
Squaregrouper
Kragaphile
Correct.
I have a C&R but haven't seen it in the last year since packing and moving. So this has to be shipped to a dealer in Virginia or cab I buy it through a dealer in Maryland and take it back with me. Seller is a dealer but really old and not sure how it would work either,,,,,go figure.
thanks again
thanks again
Can transfer the long gun through an FFL in either state, but must go through an FFL for an interstate transfer. That's by federal law, not MD.
If seller is an FFL he should be able to transfer it to you but must do a 4473 and NICS check, cannot treat it like a private transaction.
well from my reading there is no distinction between a handgun and a long gun. must go through FFL in buyer's state of residence
Doesn't apply to long gun purchases. LG purchases can be from an FFL in any state as long as legal in both states.
from a BATFE fAQ
Attachments
My understanding that long guns purchased by a party in a boarder state is legal. A friend of mine did this at the Chantilly gun show and private seller checked with FFL prior to sale. If seller has a FFL may be problem.
Violation of Federal law. The border state statute was an old MD law, which is no longer the case AFAIK. The BATFE faq makes no exceptions for border states.
Residents of different states, gun must go through buyers state FFL
But IANAL or an FFL.
Residents of different states, gun must go through buyers state FFL
But IANAL or an FFL.
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I don't have time to look it up right now, but he can transfer/purchase a long gun through an FFL in another state as long as he is not in violation of any of his own state laws in receiving it. (For example an Illinois resident who goes to Indiana and tries to purchase a long gun without having the FOID Illinois requires, would be a violation. Or a Maryland resident who goes to Florida and tries to purchase an AK-47, banned in Maryland, would be in violation). As long as the long gun is legal in his home state and he is following all of his home state's rules, he is okay. I don't know why the ATF seems to have that wrong in their FAQ's, but they do.
kalister1
R.I.P.
https://www.atf.gov/firearms/firearms-frequently-asked-questions-unlicensed-persons
A Person may acquire a Long Gun from an FFL in Any State if it is a legal transaction in both States. This is discussed at least once a month here.
A Person may acquire a Long Gun from an FFL in Any State if it is a legal transaction in both States. This is discussed at least once a month here.
kalister1
R.I.P.
Read the article you quoted. It says how may a person receive a firearm in THEIR State. You cannot receive in your State from an out of State FFL, you have to go to their State.
davsco
Ultimate Member
so i guess the distinction is buying a long gun from an out of state FFL, vs buying from an out of state private seller and having an FFL in that state do a background check. is there a difference?
kalister1
R.I.P.
You can travel to an out of State FFL to Buy a long gun. If that FFL does a transfer from a private party while you are in his store that is OK. If you are in your State you must use an FFL in your State.
An out of State FFL cannot ship you a gun. I think that is the answer to your question?
davsco
Ultimate Member
yeah just trying to clarify all the info, for the OP.
exactly. buying from an FFL in any state is legal. BUYING from a non licensee in another state requires the firearm to be transferred to an FFL in your state.
the phrase "the guy" in the OP makes it sound like the seller is a non licensee. correct me if I'm wrong
I'm assuming buying from a non licensee is what the OP was about. That requires an FFL in the buyers state of residence. If the gun is not in the out of state FFL's inventory, it cannot be transferred as if it were a sale. Must go to the buyer's state FFL.
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Conductor
Member
I work in a gun store, and run across this situation just about every day.
If a resident of my state wants to transfer a LONG GUN to a resident of another state, the deal must go through an FFL. The FFL DOES NOT have to be in the buyer's home state, as long as the laws of the state where the sale is taking place as well as the laws of the buyer's home state are followed.
For example: if a Virginia resident wants to sell a long gun to a resident of Maryland, the transfer can be handled by an FFL in either state, as long as the laws of both states are followed.
If, on the other hand, the transfer involves a handgun, then the transfer must be handled by an FFL in the state in which the buyer lives.
So, the short answer to the OP's question is YES.
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