C&R transfers out of state

Hate to revive old thread and correct me if wrong but in conclusion

Two residents of the same state each with FFL03 can not circumvent state law by crossing state lines to make transaction.

Residents of different states, for example FFL03 from State A and FFL01 or FFL03 from State B, within the boundaries of state B, only Federal and state B firearms laws apply, except firearms that are illegal to own in home state A of the FFL03 can not be transferred? Any in state permits or registration would not apply to FFL03 for purchases made outside of their state, if there is no requirement for registration of firearms brought into ones home state, there is no need to register any C&R firearms bought outside their home state with FFL03.




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capt14k said:

Hate to revive old thread and correct me if wrong but in conclusion

Two residents of the same state each with FFL03 can not circumvent state law by crossing state lines to make transaction.

Residents of different states, for example FFL03 from State A and FFL01 or FFL03 from State B, within the boundaries of state B, only Federal and state B firearms laws apply, except firearms that are illegal to own in home state A of the FFL03 can not be transferred? Any in state permits or registration would not apply to FFL03 for purchases made outside of their state, if there is no requirement for registration of firearms brought into ones home state, there is no need to register any C&R firearms bought outside their home state with FFL03.

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To further muddy the waters -

Does an offense take place at the above out of MD transfer, or when the recipient brings the prohibited item into Maryland? Is it legal if the recipient stores the prohibited item in another state in America and never brings it into this Colony?

Discuss...

BeoBill said:

To further muddy the waters -

Does an offense take place at the above out of MD transfer, or when the recipient brings the prohibited item into Maryland? Is it legal if the recipient stores the prohibited item in another state in America and never brings it into this Colony?

Discuss...

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If the seller is a FFL they can not knowingly sell a prohibited firearm to a resident of a state in which it is prohibited. I believe that was in ATF Handbook.

Now if it were to be purchased from a non FFL and never brought back to home state where it is prohibited I don't see where that would be illegal since state law doesn't extend across state lines, but then there becomes a storage problem.

Now if one had say a cabin in PA, and is a dual resident then that would be ok. For instance unlicensed individuals from NJ with home in Florida that are dual residents can buy firearms that are not NJ legal, but are Florida legal as long as they are kept in Florida. At the same time NJ residents can buy handguns legally in Florida and bring back to NJ, as long as they are NJ legal, without applying for NJ handgun permit or jumping through any of their hoops.

Based on those scenarios I believe the offense would take place for a prohibited firearm purchase outside of Maryland once brought back to Maryland for the buyer, but for the seller at the time of sale if they are federally licensed.

To revive an old thread, if I am selling an old rifle, and a buyer has a C&R license, I can just ship the old rifle directly to him, with a copy of the C&R license in the box? Thanks

tallen702 said:

Not true at all. That's why it's illegal for a MD resident to purchase any firearm which is banned for sale in MD in another state. For example, it is against the law for a MD resident to purchase a FNFAL in WV despite the fact that it is a cash-and-carry long-gun in that state. Both the purchaser and the FFL would be culpable.

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ABSOLUTELY NOTHING in state statute mentions transfers in other states.

What you are referring to is FEDERAL law, where an interstate sale, the fiream must be legal in both states.

tallen702 said:

The reason that the "Two MD C&R holders transfer somewhere across the state line" is that neither individual is prohibited from transferring a firearm via interstate commerce, AND said firearm is not prohibited from being possessed/transferred in MD. The heart of the question is, does the transfer take place IN MD where the MDSP has jurisdiction over FTF transfers of handguns. In theory, going across state lines means that the transfer is now interstate commerce that falls under the Federal purview and not MDSP's jurisdiction. That said, it likely wouldn't hold up in court as both persons are residents of MD with the firearm originating in MD and therefore, would not be considered nor construed to be interstate commerce and thus, would fall back under state jurisdiction and rules/laws.

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Again, nothing in state statute mentions out of state transfers. So the above highlighted would be incorrect.

Sirex said:

To revive an old thread, if I am selling an old rifle, and a buyer has a C&R license, I can just ship the old rifle directly to him, with a copy of the C&R license in the box? Thanks

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Yes, but you need to have a copy of your drivers license in the box too! Perfectly legal for a non-FFL to send a rifle to a FFL as long as the rifle is allowed in the state. I have a C&R and have received rifles from non - FFL's. I just log it in my book and keep the seller's drivers license on file for ATF.

When my C&R expired, I was legally able to destroy my bound book.

It's not just the right thing to do, it's the American Way.

dblas said:

ABSOLUTELY NOTHING in state statute mentions transfers in other states.

What you are referring to is FEDERAL law, where an interstate sale, the fiream must be legal in both states.




Again, nothing in state statute mentions out of state transfers. So the above highlighted would be incorrect.

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Interstate transactions perfectly legal as it is not intrastate. After all, it's a Federal license. Interstate = Federal. Intrastate = Maryland laws