Zorros
Ultimate Member
Plse remind me. under new law can 2 c&r licensees transfer a c&r rifle without going thru an 01? Can they transfer a non c&r rifle? A c&r handgun?
C&r transfers
- Thread starter Zorros
- Start date
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budman93
Ultimate Member
Number 3 is a yes unless both are in MD.
Can a c&r holder buy from a non-c&r holder?
Can a c&r holder sell to a non-c&r holder?
Can a c&r holder sell to a non-c&r holder?
All of this depends on COMAR and what chances you want to take.
Language of the long gun transfer bill appears to exempt ALL FFLs from the requirements of the law. It then goes on to give FFL-03 to FFL-03 a specific exemption.
I wouldn’t trust it other than the specific exemption between two FFL-03 or an FFL-03 and another FFL for a C&R long gun.
Non, C&R holders get no slack on C&R handguns unless they are out of state or buying one out of state to be shipped to them in state.
Language of the long gun transfer bill appears to exempt ALL FFLs from the requirements of the law. It then goes on to give FFL-03 to FFL-03 a specific exemption.
I wouldn’t trust it other than the specific exemption between two FFL-03 or an FFL-03 and another FFL for a C&R long gun.
Non, C&R holders get no slack on C&R handguns unless they are out of state or buying one out of state to be shipped to them in state.
Zorros
Ultimate Member
Thanks, all. Very much appreciate the quick response. Yes, c&r guns to a 03 in md must go thru an 01.
Was beginning to think about selling some cr rifles. And frankly, much better to know your buyer is vetted and not prohibited.
Was beginning to think about selling some cr rifles. And frankly, much better to know your buyer is vetted and not prohibited.
- Nov 11, 2009
- 30,871
The law seems to carve out an exemption between C&R holders within MD, at least for long guns. A MD C&R licensee can of course buy C&R firearms of all types, from sellers outside MD. Such items can be shipped to the C&R holder in MD, without involving thr MSP or an FFL01.
bigmancrisler
2A Preacher
I understood it as an 03 can still buy C&R long guns from anyone, but a 03 still has to transfer through an 01 to sell to someone who isn’t another 03.
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Sent from my iPhone using Tapatalk
Nope. If you read the strict exemption in the law, only FFL-03 to FFL-03 for C&R long guns. You can’t buy it from anyone according to the law without a background check. Only another FFL-03.
HOWEVER at the start of the law it says all holders of federal firearms license are considered dealers under the law. Later it says all dealers as defined under the law are exempt from the new law.
I suspect that wasn’t intentional.
- Nov 11, 2009
- 30,871
Seems to me that thirty bucks for three years of free long gun transfers is a good deal, even if restricted to other 03FFLs.
Bertfish
Throw bread on me
So as I see it someone needs to get clarification from the AG. I hate uttering those words but it's less than clear. Huge difference between 03 to 03 only and all 03 holders are exempted entirely.
- Nov 11, 2009
- 30,871
Let sleeping dogs lie.
Bertfish
Throw bread on me
That doesn't work for this though. You either play ultra conservative on the law interpretation and sacrifice more of your freedom or at least gain certainty and know what to do.
Although I do not plan compliance either way
Ambiguity in the law can be your friend if God forbid, you ever find yourself in court.
Rule of Lenity. https://harvardlawreview.org/2018/06/the-appellate-rule-of-lenity/
But you're leaving your fate in the hands of a judge, who, in MD, is likely a strong Anti.
- Nov 11, 2009
- 30,871
Or, "briefly":
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.
SigMatt
Ultimate Member
C&R guns transferred between MD residents only go through an 01 if either the seller or buyer are not 03 holders. If both hold an 03 they can transfer long guns directly between them as MD residents without going through an 01.
C&R handguns transferred in Maryland have to go through an 01 even if you are an 03 holder. That's state law.
Transfers of C&R handguns and rifles interstate can come to the 03 holder directly. The new law did not change that.
An 03 license holder has more purchase and transfer privileges from out-of-state than they do in-state in Maryland. Hence why almost all of my 03 acquisitions are interstate. But I have done 03-to-03 transfers in Maryland post-change of the private transfer law. All in accordance with the change.
Matt
