FTF Long Gun Sales

kmittleman · Jun 28, 2017

Hey Guys,

I know this probably gets asked a lot, but I was wondering if anything has changed legally in terms of FTF private long gun sales in MD. I just spoke to MDSP and the Sgt. there claimed that you need an HQL to sell all guns now in MD. It's a Mosin Nagant so I was a bit confused. Is she right? BTW, she's been there for 12 years she says and claims MDSP has had a record of EVERYTHING we've ever bought for years and years.

Thanks!

K

knastera · Jun 28, 2017

No, she is not right on either account. C&R sales do not go through MDSP. To get a C&R, you have to notify your CLEO, but there is no notification required for individual C&R transactions.

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dwsjr · Jun 28, 2017

Ftf still legal, no hql. She is wrong.

Hit and Run · Jun 28, 2017

She is wrong and sadly clueless. Yoo can sell a most long guns to anyone in your State as long as you are reasonably sure they can they can legally own a firearm. The law gets a little more complicated on formerly regulated long guns that would not be considered illegal to sell.

kmittleman · Jun 28, 2017

knastera said:
No, she is not right on either account. C&R sales do not go through MDSP. To get a C&R, you have to notify your CLEO, but there is no notification required for individual C&R transactions.

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Well, I bought this at an FFL before I had my C$R license.

knastera · Jun 28, 2017

kmittleman said:
Well, I bought this at an FFL before I had my C$R license.

Got it. FYI, from what I understand, if you want to do a F2F C&R with another Marylander, you actually have to leave the state to do it.

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swinokur · Jun 28, 2017

it's called a Handgun Qualification License for a reason.

dblas · Jun 28, 2017

knastera said:
Got it. FYI, from what I understand, if you want to do a F2F C&R with another Marylander, you actually have to leave the state to do it.

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For rifles and shotguns, even those that are C&R, simply show up, pay the seller, take your new firearm home. No need to go out of state for C&R rifle and shotgun sales.

knastera · Jun 28, 2017

dblas said:
For rifles and shotguns, even those that are C&R, simply show up, pay the seller, take your new firearm home. No need to go out of state for C&R rifle and shotgun sales.

That makes sense. So only if I want to buy another TT-C from a Marylander, do I need to go to York, PA to do it.

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Doctor_M · Jun 28, 2017

Any long gun not banned, can be transferred FTF between two Maryland residents, while in Maryland, as long as you are reasonably sure that the buyer is not a prohibited person or is under age. Anything was was formerly restricted (now banned) is a no go. No transfers of magazines over 10 rounds. No private face-to-face sale of handguns anymore (since 96). If one of the parties is not a Maryland resident, you can't do a face to face private transfer. No paperwork required or State Police involvement for a FTF transfer of a legal long gun. The State doesn't have a record of EVERYTHING, which is why they have been trying to make FTF long gun transfers illegal for the last two sessions in a row.... to date, it is still a freedom you can enjoy. Note that if you purchased the gun through an FFL, the last owner of record will be you, so most people will have a private bill of sale with the exchange... so if a gun that was in your name turns up at a crime scene 10-15 years later, you have some sort of record, that you sold it. Not required, but a good CYA.

ShafTed · Jun 28, 2017

As others have said, no HQL for long guns, and C&R license is irrelevant for face to face sale of a long gun to another (non-prohibited, etc.) MD resident. Since I believe you (OP) said you now have your C&R, you will have to log the disposition of a C&R eligible gun in your bound book. Under "Acquisition" you would put "from personal collection prior to license" and then immediately record the buyer's information for the disposition.

kmittleman · Jun 28, 2017

ShafTed said:
As others have said, no HQL for long guns, and C&R license is irrelevant for face to face sale of a long gun to another (non-prohibited, etc.) MD resident. Since I believe you (OP) said you now have your C&R, you will have to log the disposition of a C&R eligible gun in your bound book. Under "Acquisition" you would put "from personal collection prior to license" and then immediately record the buyer's information for the disposition.

Cool thanks. I called again and spoke to someone else who confirmed what you all have said. Additionally she said I should get a signed notarized receipt.

lazarus · Jun 28, 2017

kmittleman said:
Cool thanks. I called again and spoke to someone else who confirmed what you all have said. Additionally she said I should get a signed notarized receipt.

I mean you could. That also means tracking down a notary to stamp a bill of sale for the firearm. I mean, a little easier than just transferring at an FFL, but in this case all you are looking for is some proof you sold it. Write a short bill of sale, have them sign it and take a picture on your phone with both your IDs next to the serial number on the firearm. That would be pretty damned air tight in any court of law or to any investigator.

whistlersmother · Jun 28, 2017

knastera said:
That makes sense. So only if I want to buy another TT-C from a Marylander, do I need to go to York, PA to do it.

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This is quite the grey area - two MD residents going out of state to transfer a c&r handgun to the ffl03 holder.

Some here have done just that while others of us are a little bit scareeeddd to do it.

There's lots of posts and threads here on both sides.

swinokur · Jun 29, 2017

AG opinion.

Notice the wording "imported directly"
,
.

lazarus · Jun 29, 2017

swinokur said:
AG opinion.

Notice the wording "imported directly"
,
.

Likely because in general the firearm ic going through the mail must go to you and he opened only by you. So it is imported directly, as opposed to shipping it to someone else who then takes it to you.

I can't ship my shotgun to a friend, even if that friend was going to take it to me later.

SavageShooter · Jun 29, 2017

I'll guarantee she told you that on purpose. MSP should have record of all the illegal drugs that the drug dealers have sold for years and years!!!

kmittleman · Jun 29, 2017

savageShooter said:
I'll guarantee she told you that on purpose. MSP should have record of all the illegal drugs that the drug dealers have sold for years and years!!!

Well should did ask me to call back with a serial number to make sure it wasn't a regulated firearm or to see if it had been registered. This is a Mosin we're talking about.

swinokur · Jun 30, 2017

lazarus said:
Likely because in general the firearm ic going through the mail must go to you and he opened only by you. So it is imported directly, as opposed to shipping it to someone else who then takes it to you.

I can't ship my shotgun to a friend, even if that friend was going to take it to me later.

or as some have done, taking possession outside of Maryland.

sgt23preston · Jun 30, 2017

kmittleman said:
Cool thanks. I called again and spoke to someone else who confirmed what you all have said. Additionally she said I should get a signed notarized receipt.

What I would do is to prepare a simple hand written Bill of Sale...

Date Sold:_______

Sold 1, Make, Model & Serial Number xxx Caliber Rifle...

Seller:_______

Buyer:_______

Copy both parties Drivers License Number, Name, Address etc...

Both the Buyer & Seller get a copy...

Done...

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