Out-Of-State Purchase of Semi-Auto Rimfire Rifle

wolfpackfrenzy · Nov 19, 2013

Is it possible to purchase a semi-auto rimfire (.22lr) rifle out of state without going through a MD FFL?

I read something about border states (va, pa, wv, de) it being ok.

I was planning to attend the nations guns show in chantilly VA and was wondering if I could purchase it there and bring it back. I believe the model I'm looking at is cash and carry.

Half-cocked · Nov 19, 2013

Yes, but many dealers won't sell to MD residents, out of fear and/or ignorance of the law.

They can't sell you a firearm accompanied by a detachable magazine holding over 10 rounds, however, because the letter of the (federal) law says that the firearm sale must be legal in both states. Confusingly, however, they can sell you a magazine holding > 10 rounds, separately from any firearm. Yeah, it's stupid....

Just ask around, you should be able to find a dealer who knows the law and is willing to sell to a MD resident.

CrawfishStu · Nov 19, 2013

This only applies to an FFL selling you the rifle as well. You can not buy from an individual without an FFL.

wolfpackfrenzy · Nov 19, 2013

So I hear you say yes, a MD resident can buy a semi-auto rimfire rifle from an out-of-state FFL (not an individual) without shipping it to an MD FFL, provided it does not included a >10rnd mag?

Does anybody have references to the law numbers that apply in this situation?

Half-cocked · Nov 19, 2013

wolfpackfrenzy said:
So I hear you say yes, a MD resident can buy a semi-auto rimfire rifle from an out-of-state FFL (not an individual) without shipping it to an MD FFL, provided it does not included a >10rnd mag?

Does anybody have references to the law numbers that apply in this situation?

Google "1968 Gun Control Act", and the BATFE website, for federal laws regarding interstate firearms transfers.

Links to Maryland's gun laws are on this forum's home page, along the left hand side.

eruby · Nov 19, 2013

I'm not speaking against Half-cocked, but I wouldn't get hung up on the >10 round issue if buying the rifle out of state.

Just as we can drive to Chantilly, Va, or any other real 'free' state and buy 30 round mags and bring them back, I don't believe the >10 round mag in rifle applies while out of the People's Republic (IANAL).

While it's true one cannot buy a now banned AR outside Maryland as per the Feds, both state's laws must be followed, SB281 does not apply to rimfires, and, again, as we can buy 30 rounds mags out of state, I'd have no problem buying a rifle out of state with a >10 round magazine.

I did not stay at a Holiday Inn Express last night, but i am a member of their Priority Club.

Docster · Nov 19, 2013

Reference or not, I just bought a Ruger 10/22 from a dealer at the Lebanon Gun Show 2 weeks ago, no hassles or questions. Got a 50-round BX 25 mag from him as well (2-25's coupled).

wolfpackfrenzy · Nov 19, 2013

Article - Public Safety

§5–204.
(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b) 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) 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.

--------------------

Article - Criminal Law

§4–305.
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

Note on 4-305, its is implied that these are in-state prohibitions only and that possession is permitted. Meaning, magazines can be bought out of state and brought back in.

eruby · Nov 19, 2013

wolfpackfrenzy said:
Article - Public Safety

§5–204.
(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b) 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) 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.

--------------------

Article - Criminal Law

§4–305.
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

§5–204 is superceded by Fed law.

Any rifle I can legally buy in MD, I would have no problem buying in any state where an FFL would sell it to me. And with a 30 round mag to boot.

Docster · Nov 19, 2013

eruby said:
§5–204 is superceded by Fed law.

Any rifle I can legally buy in MD, I would have no problem buying in any state where an FFL would sell it to me. And with a 30 round mag to boot.

Yep! How many times has this been stated in other threads? "Search" appears to be few peoples' friend......

NateIU10 · Nov 19, 2013

You may purchase any non-banned rifle in any state at an FFL, regardless of magazine capacity. Not sure why someone believes that the rifle may only have a 10 or less round magazine, as that is nowhere in any law. The only thing I can think of is that they see federal law require the sale abide by both states' laws, but MD law only prevents certain actions within MD's borders, and possession isn't one of them.

Pinecone · Nov 19, 2013

The adjacent state thing was changed in about 1988 or so.

If your read the MD law, it permits adjacent state sales, but it does not PREVENT other state sales.

The reason for the MD law is that the GCA 68 stated that long guns sales in adjacent states were legal ONLY if the state specifically allowed them. All states did except DE, IIRC.

But when the Federal law changed, you could then buy in ANY state, as long as the laws of both the state of purchase and the state of residence of the buyer were followed.

MD law only prevents the transfer of magazines of >10 rounds IN the state.

svana · Nov 21, 2013

If you're still thinking about picking one up at the Chantilly show, the majority of folks/vendors will give you guff about it.

wreckdiver · Nov 21, 2013

svana said:
If you're still thinking about picking one up at the Chantilly show, the majority of folks/vendors will give you guff about it.

THIS.
My friends have bought FN PS90's and SCARS there, but they wouldn't sell a silly .22 because of the "assault weapons ban" :sad20:

Buying a shotgun or bolt gun you might be OK, but an "evil" semi 10/22 might cause you unnecessary trouble.

Kman · Nov 21, 2013

Buying a MD legal cash and carry out of state (regardless of magazine) is legal.
Say an HBAR with 30 rounder (as it was meant to be) in DE with no tax. Best way to go.

ihriec · Nov 21, 2013

I'm looking to buy a 10/22 Ruger Takedown in VA, WV, PA or Del.

Hollywood Ball · Nov 21, 2013

Bought my Ruger 10/22 Takedown from a Dick's in WV back in March, no issues.

Sent from my iPhone using Tapatalk

Rickman · Nov 21, 2013

Hollywood Ball said:
Bought my Ruger 10/22 Takedown from a Dick's in WV back in March, no issues.

Sent from my iPhone using Tapatalk

I bought mine from Dick's in Bel Air last month.

Boom Boom · Nov 23, 2013

ihriec said:
I'm looking to buy a 10/22 Ruger Takedown in VA, WV, PA or Del.

Why not MD? It's cash and carry with no MD paperwork. Fuel cost alone probably kills any savings from buying out of state.

Out-Of-State Purchase of Semi-Auto Rimfire Rifle

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