Paging Novus! Paging Novus! Question for gun transfer

willtill · Sep 11, 2009

Hey Novus (or you others in the know...),

I need a quick answer to the below scenario for someone;

A son in law's biological father wants to transfer long guns, handguns and possibly "regulated" assault weapons to him (the son in law).

The biological father lives in Virginia.

The the son-in-law lives in Maryland. He is sixteen years old

Do all of these long guns, handguns and "regulated" assault rifles have to go from the biological father through a Maryland FFL? Or do only the handguns and regulated "assault weapons" require FFL and the MSP approval?

Thanks!

-Will

SoMDGuy · Sep 11, 2009

Since the transfer crosses state lines, all have to go through a FFL. The fact that the son-in-law is 16 means that none of the transfers can legally happen. 18 for unregulated long guns, 21 for everything else. If the kid moves to VA someday, they can private-party the whole thing, but as it stands, nope.

novus collectus · Sep 11, 2009

They all have to go through an FFL by fed law and the regulated have to go through a MD regulated firearms dealer FFL.
Since the son is 16, it cannot be done at either the fed (because it involves an FFL since going accross state lines and they cannot transfer any firearm to someone under 18) or state level (the state level is tricky and the statute seems to be conflicting, but probably not allowed generally).

Remember though, this refers to transfer of title. For a loan that is a totally different animal. Just remember though that for MD regulated a person under 21 cannot generally posses unless supervised by someone 21 or over whether it is a gratuitous loan or not.

willtill · Sep 11, 2009

Thanks guys. I (and the individual) asking these questions appreciate it.

Kindest regards,

-Will

BeltBuckle · Sep 11, 2009

novus collectus said:
They all have to go through an FFL by fed law and the regulated have to go through a MD regulated firearms dealer FFL.
Since the son is 16, it cannot be done at either the fed (because it involves an FFL since going accross state lines and they cannot transfer any firearm to someone under 18) or state level (the state level is tricky and the statute seems to be conflicting, but probably not allowed generally).

Remember though, this refers to transfer of title. For a loan that is a totally different animal. Just remember though that for MD regulated a person under 21 cannot generally posses unless supervised by someone 21 or over whether it is a gratuitous loan or not.

Is there a statute of limitations that would be applicable?

novus collectus · Sep 11, 2009

BeltBuckle said:
Is there a statute of limitations that would be applicable?

I don't know about the fed statute of limitations (I looked it up once but I forgot), but for MD regulated firearms violations (or at least certain ones dealing with transfers) it is generally three years for the misdemeanors if I recall correctly (most seem to be misdemeanors).
However, there might or might not be a statute of limitations on confiscation of the regulated firearms transferred not in accordance with the law. So let's say four years pass, they might not be able to press charges, but as far as I know they might be able to seize the specific guns and not give them back (there is a statute that says they may seize the guns when they are transferred illegally).

Jim Keenan · Sep 11, 2009

I am not clear on how a statute of limitations is involved. Has anyone in the picture committed a crime? A statute of limitations sets a limit on the length of time the state can bring charges after the commission of a crime. If, for example, X commits a crime and is not caught or prosecuted, he is legally like anyone who has never committed a crime. Even if he is caught, if he is not caught within the time limit (say 7 years), he cannot be prosecuted. So in either case, his ability to buy a gun has not changed, since the prohibition on gun purchase/ownership applies only to a conviction, not suspicion or failure to prosecute.

Jim

coinboy · Sep 11, 2009

I have always wondered about statute of limitations. Is there a specific limitation written into each law or are the limitations over many different laws? Can anyone direct me to the text of the law? I would be interested to read about it.

SoMDGuy · Sep 11, 2009

coinboy said:
I have always wondered about statute of limitations. Is there a specific limitation written into each law or are the limitations over many different laws? Can anyone direct me to the text of the law? I would be interested to read about it.

It's headache-making, I looked into it at one point. The limit varies from crime to crime, and from jurisdiction to jurisdiction, some crimes have no limitation, like murder. Even when the limitations apply, it isn't always a matter of looking at the calendar. Different actions by prosecutors affect the duration. The clock runs more like it's timing a football game.

Best bet, if you're sweating out an expiration date, is to get a lawyer to figure out when you're safe, and even then, the state might surprise you.

CharlieFoxtrot · Sep 11, 2009

Rule of thumb in MD (but there are exceptions) is that the SOL for misdemeanors is one year and there is no SOL for felonies. I believe that all the SOL for gun misdemeanors in MD are one year.

novus collectus · Sep 12, 2009

CharlieFoxtrot said:
Rule of thumb in MD (but there are exceptions) is that the SOL for misdemeanors is one year and there is no SOL for felonies. I believe that all the SOL for gun misdemeanors in MD are one year.

Someone asked me to lok it up once, I saw three years for some regulated firearms misdemeanors. I will see if I can find it again.

novus collectus · Sep 12, 2009

Article - Courts and Judicial Proceedings

§ 5-106. ...

.... (u) A prosecution for an offense under § 5-140, § 5-141, or § 5-143 of the Public Safety Article, relating to straw sales of regulated firearms to prohibited persons or minors and to illegal sales, rentals, transfers, possession, or receipt of regulated firearms, shall be instituted within 3 years after the offense was committed.

Article - Public Safety

§ 5-143.

(a) Except as otherwise provided in this subtitle, a dealer or other person may not knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle.

....

Biggfoot44 · Sep 12, 2009

Novous's other key point is that even if charges can not be filed, the weapons in question can still be confisacted at anytime.
If age weren't part of the equasion, the nonregulated guns could be transferred in a 3 way face to face at a Va FFL. Fewer hassles, and way cheaper.
Or if the son in law has a trusted relative living in Md, Bio Dad could transfer now to Trusted Relative, and son in law could do intrafamily tfransfer when of age in about 5 years.

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