Moving my guns to Maryland 3 years after moving here

BenelliM3 · Jun 1, 2020

Need the opinion of the members here. I have searched but not seen an answer to my scenario.

When I moved here to Maryland in 2017 (had no choice), I left my guns in Oklahoma with a friend. I have now acquired the MD HQL and also Utah CCW, and want to bring two of my guns to Maryland

I left behind a Beretta 92FS, HK SP89 (banned in MD) and a Benelli M3 (shotgun).

I know the HP SP89 is banned, so I can never bring it to MD.

I have owned my guns for 25 years since I first purchased them brand new in Oklahoma in 1993 and 1994.

My questions below:

1. Can I drive to OKC, pickup my guns and drive LEGALLY back to MD with the
Beretta and Benelli, locked in the trunk? I have already researched the
route to drive through states which are relatively gun-friendly.
2. Can I legally register the Beretta in MD prior to bringing it in by car? Or
register it after? Please note I am not a New Resident, so the 90 day
registration probably doesn't help me.
3. Benelli M3 shotgun doesn't require registration, I think.

Gcs7th · Jun 1, 2020

Check with an IP here or a lawyer but if you owned the HK before 10/2013 I think you can bring it here. I’m not sure if there are any previous laws that banned the HK.

Pistol will need to be registered with MSP, shotguns/long guns have no registration I’m aware of.

94hokie · Jun 1, 2020

Gcs7th said:
Check with an IP here or a lawyer but if you owned the HK before 10/2013 I think you can bring it here. I’m not sure if there are any previous laws that banned the HK.

Pistol will need to be registered with MSP, shotguns/long guns have no registration I’m aware of.

The HK was banned in August 1994 as an assault pistol. If you owned it before then, you might still be able to bring it from another state, but I would check with a knowledgable 2A lawyer first.

Gcs7th · Jun 2, 2020

94hokie said:
The HK was banned in August 1994 as an assault pistol. If you owned it before then, you might still be able to bring it from another state, but I would check with a knowledgable 2A lawyer first.

Thanks for correcting me 94hokie!

BenelliM3 · Jun 2, 2020

Thank you @94hokie and @Gcs7th for your inisights. I will make inquiries about the HK SP89. It is an expensive gun that I really wish I could retain.

Does my being a resident of MD for 3 years, affect transporting the Beretta 92FS here and then registering it? Are there any negative consequences?

SkiPatrolDude · Jun 2, 2020

BenelliM3 said:
Thank you @94hokie and @Gcs7th for your inisights. I will make inquiries about the HK SP89. It is an expensive gun that I really wish I could retain.

Does my being a resident of MD for 3 years, affect transporting the Beretta 92FS here and then registering it? Are there any negative consequences?

https://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/FAQs.aspx

Your time in MD need not apply for transportation purposes. However, MSP does state that you must register your firearms within 90 days of establishing residency. Maybe someone can chime in there on what to do.

See link above for transportation info. To copy what's on the page -

Can I legally transport firearms interstate?

Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.

Pinecone · Jun 2, 2020

Just realize that FOPA 86 (which is the law quoted) is an affirmative defense. It does not prevent you from being arrested had charged. It just makes it unlikely to be found guilty.

Only states that are a problem with this are NJ and NY.

IANAL, but I read register within 90 days of establishing residency to mean, even if they are not in the state, but owned by you, you should have registered them.

Best would be to have a conversation with a good 2A lawyer.

SkiPatrolDude · Jun 2, 2020

Maybe you could transfer them to your friend in OK and then he can transfer them to you in MD? Not including the HK.

lazarus · Jun 2, 2020

Pinecone said:
Just realize that FOPA 86 (which is the law quoted) is an affirmative defense. It does not prevent you from being arrested had charged. It just makes it unlikely to be found guilty.

Only states that are a problem with this are NJ and NY.

IANAL, but I read register within 90 days of establishing residency to mean, even if they are not in the state, but owned by you, you should have registered them.

Best would be to have a conversation with a good 2A lawyer.

That’s the reading of the law and what MD SP seem to say. I’d inquire with an IP lawyer on here or directly with MD SP (since you’d be registering it with them). They can’t lock you up for not registering it if it stays out of state. But they might be able to if you brought it in now. So there is a chance it’s orphaned now.

I’d imagine the intent was to register it when it comes in to the state and giving you 90 days to effectuate that registration under the assumption the vast majority of people establishing registry would bring all their guns with them.

But intent and letter may not match up.

sinensis · Jun 2, 2020

You're from Oklahoma? Where at? I grew up in Edmond!

Topher · Jun 2, 2020

Rule of thumb with federal law is...
If it is legal where you start and is legal where you finish then you can transport.
Now federal law will trump state law but that does not mean that some clueless local LEO who needs to impress is boss won't give you a hard time if you are stopped.

Why not have them shipped from one FFL to another FFL and avoid the headache.

Good Luck!

BenelliM3 · Jun 2, 2020

sinensis said:
You're from Oklahoma? Where at? I grew up in Edmond!

Went to OU in Norman. Then worked in OKC.

BenelliM3 · Jun 2, 2020

lazarus said:
That’s the reading of the law and what MD SP seem to say. I’d inquire with an IP lawyer on here or directly with MD SP (since you’d be registering it with them). They can’t lock you up for not registering it if it stays out of state. But they might be able to if you brought it in now. So there is a chance it’s orphaned now.

I’d imagine the intent was to register it when it comes in to the state and giving you 90 days to effectuate that registration under the assumption the vast majority of people establishing registry would bring all their guns with them.

But intent and letter may not match up.

I was intending to register the guns in MD NOW while my guns are still out of state in OK. The thought was that if the registration was rejected, I would still be legal in MD. I thought the Voluntary Registration process would cover me for the Beretta. But I would have had to give up the HK SP89.

BenelliM3 · Jun 2, 2020

Topher said:
Rule of thumb with federal law is...
If it is legal where you start and is legal where you finish then you can transport.
Now federal law will trump state law but that does not mean that some clueless local LEO who needs to impress is boss won't give you a hard time if you are stopped.

Why not have them shipped from one FFL to another FFL and avoid the headache.

Good Luck!

This sounds like a good idea.

So, I can get the Beretta and the Benelli transferred. But I probably will have to sell of the HK SP89 as it is banned.

I might go for this idea......

lazarus · Jun 3, 2020

BenelliM3 said:
This sounds like a good idea.

So, I can get the Beretta and the Benelli transferred. But I probably will have to sell of the HK SP89 as it is banned.

I might go for this idea......

That’s actually a pretty good idea. Costs you some money, but having them transfer to yourself from yourself probably side steps any possible “didn’t register within the 90 days”.

For doing the voluntary registration, just because the system accepts it doesn’t mean they won’t come knocking at some point. May never, but that’s why I was suggesting getting a MSP opinion prior to registering either of them and bringing them in to the state.

BenelliM3 · Jun 3, 2020

lazarus said:
That’s actually a pretty good idea. Costs you some money, but having them transfer to yourself from yourself probably side steps any possible “didn’t register within the 90 days”.

For doing the voluntary registration, just because the system accepts it doesn’t mean they won’t come knocking at some point. May never, but that’s why I was suggesting getting a MSP opinion prior to registering either of them and bringing them in to the state.

I will probably have to sell off the HK SP89, unfortunately. It is explicitly banned so the FFL will not transfer it.

Pinecone · Jun 3, 2020

BenelliM3 said:
I will probably have to sell off the HK SP89, unfortunately. It is explicitly banned so the FFL will not transfer it.

If you plan on ever leaving this state, you could sell it to your friend, with the agreement that he sell it back at the same price when you leave MD.

DanGuy48 · Jun 3, 2020

Deleted

Matlack · Jun 3, 2020

Pinecone said:
If you plan on ever leaving this state, you could sell it to your friend, with the agreement that he sell it back at the same price when you leave MD.

If he has been cool with holding it this long, just have him sign a paper that says it still belongs to the OP and transfer the rest. Shotguns dont need to be "voluntarily" registered, so you should be able to pick it up and bring it home. Then when you get the hell out of dodge, go pick it back up. You can still own it, just cant bring it into MD.

IANAL

BenelliM3 · Jun 4, 2020

Great advice, all.

I will get the Benelli and Beretta transferred FFL to FFL.

Will decide later what to do about the HK SP89.

I very much appreciate the advice and comments from everybody. Incredibly helpful.

Moving my guns to Maryland 3 years after moving here

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