buying a long gun out of state?

hogarth · Dec 16, 2009

Hi all,

This is one I've never considered, as it's just never come up.

As I travel for the holidays, if I run across a good deal on a non-MD-regulated long gun, like a simple .22 rifle, in a gun shop in another state, can I just buy it cash-and-carry, or do I still have to have it sent to an FFL here in MD? I assumed it was cash and carry, but wasn't sure.

Thanks!

c&rdaze · Dec 16, 2009

I've never really checked but what I have seen in MD Walmarts is a map showing which State residents can buy long guns while in MD. As I have a C&R, I am looking for those when I travel, so its not something that I've really thought about.

Perhaps, someone will have a better answer.

JMintzer · Dec 16, 2009

If it's in PA, VA or DE, then yes. Bordering states only...

Jamie

gamer_jim · Dec 16, 2009

As a MD resident you are allowed to purchase non-regulated firearms in adjoining states. Cash and carry after the NICS check.

OnTarget · Dec 16, 2009

Didn't you leave out WV?

JMintzer · Dec 16, 2009

OnTarget said:
Didn't you leave out WV?

OOPS!

Jamie

Inigoes · Dec 16, 2009

JMintzer said:
If it's in PA, VA or DE, then yes. Bordering states only...

Jamie

gamer_jim said:
As a MD resident you are allowed to purchase non-regulated firearms in adjoining states. Cash and carry after the NICS check.

Source?

As long as you go through an FFL in the state of purchase (could be Texas) with a NICS check, you are good to go.

gamer_jim · Dec 16, 2009

Inigoes said:
Source?

As long as you go through an FFL in the state of purchase (could be Texas) with a NICS check, you are good to go.

MD Code

§ 5-204. Purchasers of rifles or shotguns.

(a) "Adjacent state" defined.- In this section, "adjacent state" means Delaware, Pennsylvania, Virginia, or West Virginia.

(b) Resident of this State in adjacent state.- If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.

(c) Resident of adjacent state in this State.- If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.

[An. Code 1957, art. 27, §§ 481A, 481B; 2003, ch. 5, § 2.]

hylomar · Dec 16, 2009

what would prevent someone outside of the surrounding states from selling to you? Chances are that , for example, a Texas gun shop doesn't know or care about Maryland laws.

eruby · Dec 16, 2009

hylomar said:
what would prevent someone outside of the surrounding states from selling to you? Chances are that , for example, a Texas gun shop doesn't know or care about Maryland laws.

You're probably right about this, it would be the whim of the FFL to sell it to you or not. Most know they can't sell you a handgun but will sell a long gun.

Dunham's in Hanover Pa would not sell me a double barrell coach gun. They said it was store policy not to sell to Maryland residents. They did ship it to the LaValle store and I picked it up there on a return trip from Pittsburgh.

JMintzer · Dec 16, 2009

Inigoes said:
Source?

As long as you go through an FFL in the state of purchase (could be Texas) with a NICS check, you are good to go.

Yes, the FFL in Texas will ship to your FFL in MD...

Jamie

hylomar · Dec 16, 2009

JMintzer said:
Yes, the FFL in Texas will ship to your FFL in MD...

Jamie

How does the Texas dealer know MD law? Or is the nieghboring state law common amongst all states, or worse mandated by the Fed?

gamer_jim · Dec 16, 2009

You can buy any firearm and have it shipped to a MD FFL from any state. The OP was talking about cash and carry purchases. For that is only adjoining states. Otherwise you have to go through a MD FFL.

biermkr · Dec 16, 2009

This is yet another infringement on Federal law by our lovely state. We should be allowed to buy long guns in any State in the Union, but our fearful leaders are trying to keep illegal guns from coming into our state.

Like the law really works.

Norton · Dec 16, 2009

I think the contiguous state requirement for rifles and shotguns has been dropped according to [18 U.S.C. 922(b)(3)]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

No mention of contiguous states. :shrug:

Norton · Dec 16, 2009

Here's the whole GCA of '68 if you need some bedtime reading:

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

alucard0822 · Dec 16, 2009

This came up before, and was basically found a MD resident could buy a non-regulated long gun in ANY state where leagal to do so in that state. While the statute expressely allows purchase and sale from a contiguous state, there is no law saying it is not legal to buy from non-contiguous states, and being the default is that sales are legal unless prohibited, in the absence of a code prohibiting it, it is legal. IIRC Novus found it was a carryover from the expired Brady bill, or something prior that was no longer in effect, where states had the option to allow purchase from contiguous states, otherwise it was not legal, but now being that is expired it is legal for a MDer to buy from any state that does not prevent gun sales to MD based on contiguous relationship or not.

hylomar · Dec 16, 2009

alucard0822 said:
This came up before, and was basically found a MD resident could buy a non-regulated long gun in ANY state where leagal to do so in that state. While the statute expressely allows purchase and sale from a contiguous state, there is no law saying it is not legal to buy from non-contiguous states, and being the default is that sales are legal unless prohibited, in the absence of a code prohibiting it, it is legal. IIRC Novus found it was a carryover from the expired Brady bill, or something prior that was no longer in effect, where states had the option to allow purchase from contiguous states, otherwise it was not legal, but now being that is expired it is legal for a MDer to buy from any state that does not prevent gun sales to MD based on contiguous relationship or not.

That makes more sence. Thanks

biermkr · Dec 16, 2009

So, when a freind tried to buy a .22 target rifle when at the CMP this past summer the FFL could have sold it to him? The FFL denied the purchase because he was a Maryland resident. This is another case of "if it is on the books a FFL is going to abide by the law" even if it is outdated or expired.

How do we educate out-of-state FFLs, or get the code changed or dropped from record?

eruby · Dec 16, 2009

biermkr said:
So, when a freind tried to buy a .22 target rifle when at the CMP this past summer the FFL could have sold it to him? The FFL denied the purchase because he was a Maryland resident. This is another case of "if it is on the books a FFL is going to abide by the law" even if it is outdated or expired.

How do we educate out-of-state FFLs, or get the code changed or dropped from record?

It is tough to do. There was a post here about a Maryland resident who wouldn't sell his HiPoint carbine to another Maryland resident because he was told it was illegal (don't recall all the details). Even though that isn't true, he wouldn't sell.

A friend told me a FFL in Roanoke wouldn't sell him a shotgun because it had a pistol grip and there was a a 3-day wait for that in Maryland.

buying a long gun out of state?

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