Handgun Sales Between Maryland Residents

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  • fscwi

    Ultimate Member
    Feb 21, 2012
    1,542
    How about selling to somewhere outside of MD, like DC if someone wanted to buy something on the classifieds.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,199
    Off the top of my head, it would have to go thru THE FFL in DC . Unknown if he would accept a shipment from a private individual, or if a Md FFL would need to be involved also.

    Really off the wall, but for our DC experts, could the seller deliver in person to Mr Sykes ?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Out of state would have to go through an FFL in the buyer's state, no MSP.
    DC? Who the hell knows?!?

    FFL does not have to be in the buyer's state of residence.

    But it has to meet the laws of both the state of the transfer and the state of residence of the buyer
     

    Minuteman

    Member
    BANNED!!!
    I am 18 so what are the rules for buying a rifle if the person selling the rifle originally bought just the billet lower and then built the rifle out completely. Because lowers are treated like handguns would it be legal for me to buy a rifle that started as a lower?

    Interesting.

    Welcome.

    Glad to see you making your first two posts 4min apart, 5 months after joining.

    We invite you to visit the introductions section to welcome you to the MDS family

    Yes please.

    Also know, this forum has many active and retired law enforcement and military members, and a lot of other well informed gun owners; simply put, we do a very good job of policing our own. Any illegal activity is strictly prohibited. You are asking a legal question, I'm not a lawyer, and no lawyer would touch that in a public forum. But I accept all questions like this at face value and in good faith, until/unless proven otherwise. Guns that people 'make' are not legal to resell; so the simple answer to your question is, no. If you want to build your own AR, simply go to an FFL and buy your parts. If you really want to make your own, that will take a lot more work and research. Good luck to you! Please introduce yourself in the other thread. thanks!

    FFL does not have to be in the buyer's state of residence.

    But it has to meet the laws of both the state of the transfer and the state of residence of the buyer

    Yes, this!:thumbsup:
     

    Minuteman

    Member
    BANNED!!!
    I am 18 so what are the rules for buying a rifle if the person selling the rifle originally bought just the billet lower and then built the rifle out completely. Because lowers are treated like handguns would it be legal for me to buy a rifle that started as a lower?

    Interesting.

    Welcome.

    Glad to see you making your first two posts 4min apart, 5 months after joining.

    We invite you to visit the introductions section to welcome you to the MDS family

    Yes please. And welcome!

    Also know, this forum has many active and retired law enforcement and military members, and a lot of other well informed gun owners; simply put, we do a very good job of policing our own. Any illegal activity is strictly prohibited. You are asking a legal question, I'm not a lawyer, and no lawyer would touch that in a public forum. But I accept all questions like this at face value and in good faith, until/unless proven otherwise. Guns that people 'make' are not legal to resell; so the simple answer to your question is, no. If you want to build your own AR, simply go to an FFL and buy your parts. If you really want to make your own, that will take a lot more work and research. Good luck to you! Please introduce yourself in this thread: https://www.mdshooters.com/forumdisplay.php?f=119

    thanks!

    FFL does not have to be in the buyer's state of residence.

    But it has to meet the laws of both the state of the transfer and the state of residence of the buyer

    Yes, this!:thumbsup:
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Yes, this!


    That FFL will send to a Maryland FFL.

    Mission complete!

    To elaborate: You can initate the process to buy a handgun from an out of state FFL but the sale cannot be completed out of state and you can't take possession of the handgun out of state. The out of state FFL will have to ship the handgun to a MD FFL, who, for a fee he is free to set, will complete the sale and run all the paper work. You are effectively ordering from the out of state FFL but the MD FFL is actually making the sale. The operative law on this is 18 U.S.C. 922(a), which states:

    a) It shall be unlawful--
    (1) for any person--
    (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
    (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

    There is an exception for long guns. Under 922(b)(3) a FFL may make a sale of a long gun to a out of state resident as long as it is face to face and as long as the sale complies with the law of state of the sale and the state of the buyer's residence. For example, that means a MD resident can't go to a PA FFL and buy a MD-banned rifle. Doing so could land both the buyer and that FFL in jail.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So, you're saying that I can go to an FFL in PA and buy a handgun from them? I didn't think this was the case.

    Sorry, yes, for a handgun the sale has to be with an FFL in the state of residence of the buyer.

    I was not paying attention. :)

    Long guns are not so restricted.
     

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