Transfer between MD residents while in VA

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    Boss

    Member
    Oct 25, 2016
    56
    Is there anything illegal about two Maryland Residents face to face transferring a non-regulated rifle(like an hbar) while in Virginia, say at a gun show?
     
    Last edited:
    newmuzzleloader

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,774
    joppa
    I don't evev know if Md law references ftf transfer out of state but I would think as long as both parties are dead certain they are from Md then that should be considered as a ftf between Md residents regardless of where they happened to be at the time of transfer. IANAL and haven't even stayed at a Holiday Inn lately, just my .02
     
    Pinecone

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Federal law does not specifically address this.

    But, AFAIK, it says FTF transfer between residents of the same state are legal I do not think it says anything about the location.

    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

    To whom may an unlicensed person transfer firearms under the GCA?

    A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

    A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

    A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
    Click to expand...
     
    Rab1515

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    I'm going to with legal, but make sure you have easy access to proof. IE if a LEO is at the event and sees the transfer, then finds out one of you is a MD resident, there's a good chance he would assume the other individual is a VA resident. I would at the very least swap copy's of ID's.
     
    good guy 176

    good guy 176

    R.I.P.
    Dec 9, 2009
    1,174
    Laurel, MD
    See nothing wrong with such a transfer. I prefer to provide a bill of sale in order to show that the SN of the piece is out of my name, that the transaction was completed and the rifle paid for in full.

    Lew--Ranger63
     
    dogbone

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    Might just be my BGOS (Battered Gun Owner Syndrome) speaking but why push your luck with an unclear law? It may indeed be perfectly legal per the written code and you would be well within your rights to perform the transaction but arranging a meet-up and sale while you are both in your state of residence would sidestep any potential complications. I'm not saying don't do the sale, but rather do a quick risk v. reward check on an immediate v. postponed sale.
     
    N

    nmyers

    Active Member
    Jul 9, 2016
    154
    To a VA LEO who happened to witness your scenario, I would expect it to look like:
    1. transfer of a firearm, &
    2. such transfer was occurring within his jurisdiction

    He might then reasonably believe that it was within his power to determine if this transfer was legal. He may also know of some city, county, or state law that did not permit such a transfer. At that point, I would think back to dogbone's suggestion about not pushing my luck.
     
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