Mance v Holder: CCRKBA/SAF out-of-state pistol sales, 5th Circuit

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  • Kinetic

    Active Member
    MDS Supporter
    Apr 4, 2013
    988
    In theory, yes. As a Virginia resident, you would have an easier time in MD than I would.

    So 'eff you and your hillbilly neighbors. :)

    Well done. Haven't snorted like that in a long while.
     

    RoboRay

    Active Member
    Oct 16, 2013
    379
    wonder what will become of the handgun roster if the sale is outside MD.

    Correct me if I'm wrong, but the Handgun Roster enumerates "handguns that can be sold/transferred in Maryland", not "handguns that can be purchased/owned by Marylanders."

    Right?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,522
    SoMD / West PA
    That's my point. If I buy the gun outside MD, the roster is irrelevant as I read this.

    IANAL however.

    The Mance decision would require: the FFL outside of Maryland, know it's on the Handgun Roster (post 85 handgun) to abide by MD's law.
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,140
    DPR of MoCo
    Correct me if I'm wrong, but the Handgun Roster enumerates "handguns that can be sold/transferred in Maryland", not "handguns that can be purchased by Marylanders."

    Right?

    I think that's the case, but I'll wait for someone to confirm with authority; the real question is even if you're right...wouldn't a VA resident NOT have to fill out a 77R and therefore it wouldn't matter what's on the roster since MSP never finds out? In asking that question we're also asking, doesn't that interfere with or otherwise call into question MSP being the NICS POC for handguns?

    The Mance decision would require: the FFL outside of Maryland, know it's on the Handgun Roster (post 85 handgun) to abide by MD's law.

    That's how I read it. No real benefit buying in VA other than possibly lower prices.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    The Mance decision would require: the FFL outside of Maryland, know it's on the Handgun Roster (post 85 handgun) to abide by MD's law.


    oh ok. but if the gun is not bought or transferred IN MD as the roster statute requires, how does it apply if it's purchased outside MD?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,522
    SoMD / West PA
    oh ok. but if the gun is not bought or transferred IN MD as the roster statute requires, how does it apply if it's purchased outside MD?

    It's the same as buying a long gun outside of Maryland.

    Go to a gunshow outside of Maryland and try to buy a M1A or AK, using your Maryland drivers license.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    that's what I am asking the MD law says if the handgun is purchased or transferred IN MD. If it's outside MD has a MD law been broken?

    Or are you saying the out of state FFL has to comply with the MD law even if it technically has not been broken? The gun was not purchased in MD. Does the roster still appply?

    Not being argumentative. Just trying to understand.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,522
    SoMD / West PA
    that's what I am asking the MD law says if the handgun is purchased or transferred IN MD. If it's outside MD has a MD law been broken?

    Or are you saying the out of state FFL has to comply with the MD law even if it technically has not been broken?

    Not being argumentative. Just trying to understand.

    The best thing is to have Maryland crushed by the courts :thumbsup:
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,223
    Cuba on the Chesapeake
    Since we have all heard that the waiting period in MD is for the MSP to process the 77r form and since VA doesn't have the equivalent, would there still be a wait?

    Same day purchase and standard capacity mags would be the only reason I would go out of state to purchase.
     

    RoboRay

    Active Member
    Oct 16, 2013
    379
    that's what I am asking the MD law says if the handgun is purchased or transferred IN MD. If it's outside MD has a MD law been broken?

    That's my thinking, too. Per MSP... "In Maryland, it is illegal to sell or offer for sale a handgun manufactured after January 1, 1985, that is not on the Handgun Roster."

    It doesn't say it's illegal for "a Maryland resident" to make such a purchase, it forbids it to occur "in Maryland." That's just the website language, though...

    The standard-capacity magazine analogy comes to mind.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,991
    Eastern shore
    Since we have all heard that the waiting period in MD is for the MSP to process the 77r form and since VA doesn't have the equivalent, would there still be a wait?

    Same day purchase and standard capacity mags would be the only reason I would go out of state to purchase.

    Throw in tax-free at my DE gun shop less than 20 minutes away. Might reconsider my No HQL position.
     

    jrwhitt

    Active Member
    May 27, 2012
    282
    The CA version of the roster uses this phrasing:

    Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.


    New residents may bring in handguns that are not on the roster, and sales of non rostered handguns in face to face sales (still have to use an FFL) are also legal. It's only the CA **Dealers** that are restricted from selling non rostered handguns to non exempt persons. (LEO's for example can purchase non rostered handguns - and later sell them in a PPT to non exempt people)
     

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