AR question

Zakbrooks · Sep 15, 2016

If I live in Maryland, what are the laws on purchasing an AR in a different state (Delaware) and bringing it back to Maryland? Would it have to be purchased with a 10 round mag? Thanks

bkuether · Sep 15, 2016

I will make you a deal. Introduce yourself in the Introductions thread, and then come back here. I will answer your question. In fact likely many of us will answer your question. Pages and pages of answers. But only if you do the introduction....

outrider58 · Sep 15, 2016

bkuether said:
I will make you a deal. Introduce yourself in the Introductions thread, and then come back here. I will answer your question. In fact likely many of us will answer your question. Pages and pages of answers. But only if you do the introduction....

...still trying to find it? :cool:

Zakbrooks · Sep 15, 2016

outrider58 said:
...still trying to find it?

Lol sorry guys, I'm new, cut me a little slack. Just posted there

Mdeng · Sep 15, 2016

It is legal to purchase a Maryland Compliant long gun in any contiguous State from a licensed dealer. (DE shares a border) To be Maryland compliant the rifle must have a Heavy Barrel and have an OAL of at least 29 inches long. The magazine can be over 10 rounds if purchased outside of Maryland.

We have plenty of dealers here in Maryland d that have AR rifles in stock. Have you considered shopping locally first. You may be surprised at what you find.

bkuether · Sep 15, 2016

Thank you Zak for the introduction. Mdeng is 100% correct. However I am going to make a clarification.

You CAN buy a MD compliant AR rifle in DE, or PA, or VA, or WV. However, not everyone who can sell you an AR, actually will.

The laws here are very complicated, and some dealers just say, MEH. And let you go.

So take Mdengs advice. Buy your rifle here, and when you get out of state, buy your "Normal" capacity magazines, and bring them back. You have committed no crime.

EDIT: Since you live in Harford county, drive up to Cabelas and get your mags. They have everything you need at pretty decent prices with no tax.

AssMan · Sep 15, 2016

To dumb it down - you can't bypass MD's stupid restrictions by buying out of state, so you may as well just buy one in MD or from an IP here.

Mark75H · Sep 15, 2016

The other challenge is often finding a FFL outside MD who is willing to make the sale. Just because its legal, doesn't mean they have to do it.

babalou · Sep 15, 2016

Thought it did not have to be from a contiguous state, only from one that will send to an ffl in MD in MD compliant format

HordesOfKailas · Sep 15, 2016

It's also perfectly legal to build one. Obviously state and federal laws concerning barrel length, profile, etc still apply. But it opens up your options substantially.

Mark75H · Sep 15, 2016

babalou said:
Thought it did not have to be from a contiguous state, only from one that will send to an ffl in MD in MD compliant format

Cash and carry in a contiguous state

Zakbrooks · Sep 15, 2016

Thanks for all the helpful responses guys, the reason I was asking for out of state was because I was looking at a few rifles from Cabela's (the one in Delaware is closest to me) because they have a few sales running right now. And when adding it to my cart as if I would purchase online and have it shipped to that particular Cabela's store, it prompted me to enter my zipcode of residence and what not and it appears to be allowing it to go through. My best bet may be to just call them and clarify before I proceed to purchase anything

Biggfoot44 · Sep 16, 2016

The contiguous part was superseded by FOPA in '86 . Rifles and Shotguns may be purchased from an FFL in any state, providing is legal in both the purchaser's home state, and the state where sale takes place.

But as a practical matter, get farther away from Md, and dealers are less likely to know or care to know the intricacies of Md law, and thus decline to sell anything vaguely EBR-ish.

daggo66 · Sep 16, 2016

Mdeng said:
It is legal to purchase a Maryland Compliant long gun in any contiguous State from a licensed dealer. (DE shares a border) To be Maryland compliant the rifle must have a Heavy Barrel and have an OAL of at least 29 inches long. The magazine can be over 10 rounds if purchased outside of Maryland.

We have plenty of dealers here in Maryland d that have AR rifles in stock. Have you considered shopping locally first. You may be surprised at what you find.

Biggfoot44 said:
The contiguous part was superseded by FOPA in '86 . Rifles and Shotguns may be purchased from an FFL in any state, providing is legal in both the purchaser's home state, and the state where sale takes place.

But as a practical matter, get farther away from Md, and dealers are less likely to know or care to know the intricacies of Md law, and thus decline to sell anything vaguely EBR-ish.

Mdeng, as an officer in MSI you should get up to date with this.

Biggfoot44 · Sep 17, 2016

In Mdeng's defense, it gets confusing because the superseded, unenforceable language remains on Md's books.

Pinecone · Sep 17, 2016

Mdeng said:
It is legal to purchase a Maryland Compliant long gun in any contiguous State from a licensed dealer. (DE shares a border) To be Maryland compliant the rifle must have a Heavy Barrel and have an OAL of at least 29 inches long. The magazine can be over 10 rounds if purchased outside of Maryland.

We have plenty of dealers here in Maryland d that have AR rifles in stock. Have you considered shopping locally first. You may be surprised at what you find.

Contiguous state requirement was removed with FOPA 86.

Now you can buy a long gun in ANY state, according to Federal law.

GCA 68 required that each state specifically allow contiguous state purchases (IIRC DE did not), and some states allowed such purchases (MD), and some states limited purchases to only contiguous states (MD did not). Slowly, they are changing their state laws.

Bottom line, and MD resident can purchase in any state, but the sale/purchase must be legal in both the state where the transaction occurs, and the state of residence of the purchaser.

So an MD resident can buy a long gun in DE, but the long gun must be legal in MD and DE.

durkspunk2112 · Sep 17, 2016

I've purchased a couple of rifles from Cabelas in Delaware. Seems like every time I'm there I hear somebody asking about Maryland compliant AR's. The answer I always hear is that don't have them. I've purchased bolt action rifles from them with no issue.

For an AR, follow the advice on the thread. Save yourself the hassle and purchase from a Maryland dealer. Use the list of industry partners on the site, you won't go wrong. Feel free to pick up some larger mags while you're up there though!

outrider58 · Sep 17, 2016

Biggfoot44 said:
In Mdeng's defense, it gets confusing because the superseded, unenforceable language remains on Md's books.

And even if you try and research, it gets foggy. Basically, what he said rings true.

Mdeng · Sep 18, 2016

Pinecone said:
Contiguous state requirement was removed with FOPA 86.

Now you can buy a long gun in ANY state, according to Federal law.

GCA 68 required that each state specifically allow contiguous state purchases (IIRC DE did not), and some states allowed such purchases (MD), and some states limited purchases to only contiguous states (MD did not). Slowly, they are changing their state laws.

Bottom line, and MD resident can purchase in any state, but the sale/purchase must be legal in both the state where the transaction occurs, and the state of residence of the purchaser.

So an MD resident can buy a long gun in DE, but the long gun must be legal in MD and DE.

As previously stated it is still in the Maryland Code and many if not most FFL's refer to the ATF code book.

5-204. Purchasers of rifles and 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.

See page 226
https://www.atf.gov/file/58536/download

The code refers to the adjacent states vs contiguous.

If you really think FOPA protects you then you should be just fine driving through D.C. with your unloaded handgun in a locked case. Lets see how that works for you.

Biggfoot44 · Sep 18, 2016

While I am in no rush to transport thru DC, It has indeed worked in in purchasing beyond contiguous states from FFLs.

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