Buying a non regulated long gun in a contiguous state?

marko · Oct 20, 2019

Can't you buy a shotgun or a 10/22 from anyone, anywhere, any state FTF? Forgive my ignorance.

rbird7282 · Oct 20, 2019

larr said:
I thought the same thing when I stopped in a few local shops in Arizona, then I stopped in one in New Mexico, Texas, Arkansas and Tennessee and they all said the same thing. Buds gunshop and Smokey mountain gun works showed me the letter from the atf. They said they could send them to a ffl in my state but couldn't sell me one over the counter

So once again the ATF is making things up and breaking the law. Perfect.

rbird7282 · Oct 20, 2019

marko said:
Can't you buy a shotgun or a 10/22 from anyone, anywhere, any state FTF? Forgive my ignorance.

No. Only in your home state. Sales between individuals in different states must go through an FFL in the buyer's home state.

You can buy a long gun from an FFL in any state providing the firearm is legal in the state of purchase and your state of residence.

larr · Oct 20, 2019

rbird7282 said:
So once again the ATF is making things up and breaking the law. Perfect.

My same thought as well. The shotgun I was going to buy was just a plain standard length 870, nothing special. Also found a nice savage model 12 in 308 in Buds gunshop but they told me the same thing. I can go to Delaware and buy one with no problem. Just doesn't make sense to me.

Bob A · Oct 20, 2019

rbird7282 said:
So once again the ATF is making things up and breaking the law. Perfect.

If anyone here lives in a district served by a Republican legislator, perhaps he/she could be induced to query BATFE about this policy.

If a copy of the letter could be procured, that might speed things up a bit.

marko · Oct 20, 2019

Thank you rbird72 for the clarification.

larr · Oct 20, 2019

I should have asked to take a picture of the letter. The one gunshop said the atf sent them the letter in May or June I believe. I thought it was a state law at first, but when every gunshop across five states told me the same thing I didn't even bother to ask anymore.

dblas · Oct 20, 2019

larr said:
Hate to bring up an old thread but I just got back from driving to Arizona and not one gunshop would sell me a shotgun because I am from Maryland. I stopped in every state except Virginia at different shops only to be told that the atf sent out a letter stating no long gun sales to residents of Maryland. Delaware, NJ, New York and a few others were also in the letter.

I had no problem buying several long guns while traveling Route 66 a couple of weeks ago.

Bought several rifles and shotguns along the way to include AZ, MO, and OK.

Pinecone · Oct 20, 2019

rbird7282 said:
No. Only in your home state. Sales between individuals in different states must go through an FFL in the buyer's home state.

You can buy a long gun from an FFL in any state providing the firearm is legal in the state of purchase and your state of residence.

The part is RED is incorrect.

You can buy a long gun from an FFL in ANY state, as long as the firearm is legal in your state of residence and the state where the transaction occurs.

So an MD person, can buy a MD legal long run, from a VA resident, transferred through a WV FFL.

Pinecone · Oct 20, 2019

If someone ever runs into, GET A COPY OF THE LETTER.

daggo66 · Oct 20, 2019

rbird7282 said:
No. Only in your home state. Sales between individuals in different states must go through an FFL in the buyer's home state.

You can buy a long gun from an FFL in any state providing the firearm is legal in the state of purchase and your state of residence.

It only has to be legal in the purchaser’s state. For example, someone in MD can sell a MD banned firearm to someone in another state through a FFL.

larr · Oct 20, 2019

dblas said:
I had no problem buying several long guns while traveling Route 66 a couple of weeks ago.

Bought several rifles and shotguns along the way to include AZ, MO, and OK.

The only thing I know is that the states I've mentioned in my post had the same letter and would not sell me a long gun. I asked in the Arizona shop if it was a state law and they told me no, it came directly from the atf. The letter they showed me had the atf letterhead on it also. I tried to buy at mom and pop stores as well as big box stores and the outcome was the same.

adit · Oct 21, 2019

daggo66 said:
It only has to be legal in the purchaser’s state. For example, someone in MD can sell a MD banned firearm to someone in another state through a FFL.

Incorrect. It must be legal in both states.

A person from VA cannot come into MD and buy a long gun banned in MD (but legal in VA) from a FFL.

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.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

https://www.atf.gov/firearms/firear...ons-unlicensed-persons#gca-unlicensed-acquire

Tomcat · Oct 22, 2019

I've bought several long guns and shotguns from dealers in Pennsylvania. The one dealer will only sell me a bolt action or lever action, no semi automatic. His shop, his rules and I'm fine with that. A friend tried to buy a shotgun from Ass Pro in Virginia and was told "No" for Maryland residents.

Pinecone · Oct 22, 2019

Again, their store, their rules.

I did buy a Remington VersaMax at Gander Mountain in VA. And a 10/22 at Green Top.

grimnar15 · Oct 22, 2019

None of these laws make sense and IMHO they are unconstitutional.

Tomcat · Nov 6, 2019

Looks like this might be a good place to ask this question. Can someone point me to the actual law (wording) of the 10 round magazine limit. I've been searching all morning and can't find the actual Maryland Law page that spells it out. Found lots of sites that reference it, but not the actual MD page.
I was in PA yesterday at one of the shops I've purchased from before and wanted to buy an M1 Carbine they had for sale. They balked since it came with 6 standard capacity magazines. I explained that sale of high capacity magazines outside of Maryland was OK, just not in MD. We tried to look it up in the store with no luck so they said they would ship it to my FFl which wouldn't work since the magazines can't be transferred in MD.

lazarus · Nov 6, 2019

Search MD FSA 2013.

Says may not buy, offer for sale, manufacture or transfer magazines of over 10 rounds in capacity. Doesn’t say you can’t transport or possess them.

There is a MD AG opinion from a few years ago that specifically said it was okay to buy them out of state and bring them in.

I don’t have a copy of it handy though.

blipper · Nov 6, 2019

hitwtom said:
Looks like this might be a good place to ask this question. Can someone point me to the actual law (wording) of the 10 round magazine limit. I've been searching all morning and can't find the actual Maryland Law page that spells it out. Found lots of sites that reference it, but not the actual MD page.
I was in PA yesterday at one of the shops I've purchased from before and wanted to buy an M1 Carbine they had for sale. They balked since it came with 6 standard capacity magazines. I explained that sale of high capacity magazines outside of Maryland was OK, just not in MD. We tried to look it up in the store with no luck so they said they would ship it to my FFl which wouldn't work since the magazines can't be transferred in MD.

Md. CRIMINAL LAW Code Ann. Section 4-305

MD - Annotated Code of MarylandCRIMINAL LAWTITLE 4. WEAPON CRIMESSUBTITLE 3. ASSAULT WEAPONS AND DETACHABLE MAGAZINES.

Section 4-305. Detachable magazines -- Prohibited
(a) Scope of section. -- 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) Prohibited. -- 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.

History

An. Code 1957, art. 27, Section 36H-5(b); 2002, ch. 26, Section 2; 2013, ch. 427 .

Tomcat · Nov 7, 2019

lazarus said:
Search MD FSA 2013.

Says may not buy, offer for sale, manufacture or transfer magazines of over 10 rounds in capacity. Doesn’t say you can’t transport or possess them.

There is a MD AG opinion from a few years ago that specifically said it was okay to buy them out of state and bring them in.

I don’t have a copy of it handy though.

Anyone have a copy of the AG letter?

Prohibited. -- 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.

The hang up seems to be this section doesn't say "in Maryland" Dealer saying I can't purchase over 10 rounds. I asked if I just came in and bought a 30 round magazine for an AR was that OK? He responded since he knew I was from Maryland now no. If he didn't know I was from Maryland OK. :shrug:

Buying a non regulated long gun in a contiguous state?

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