C&R buy in Maryland

Abulg1972 said:

The other thing I'll add is that it seems to me that, based on the AG letter, Maryland would not have an interest in pursuing this hypothetical transaction. I know that I said that the letter's scope is very narrow, but it does evidence a position that Maryland is not concerned about interstate transactions by licensees.

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Abulg1972 said:

That letter says nothing about, and has nothing to do with, two Maryland residents who conduct a transaction out of state. It simply provides that Maryland transfer/registration law does not apply when "Curio & Relic type firearm was being imported directly to the licensee from outside of Maryland." That is a very specific situation, and, accordingly, the letter has a very narrow and specific scope. It doesn't cover or permit anything other than a Maryland resident receiving a C&R firearm at his/her door that has been shipped there from out of state.







Yes and no. What makes the transaction one involving interstate commerce is the fact that (i) the seller transported the firearm across state lines for the purpose of selling the firearm to another person, and (ii) the buyer transported a firearm purchased in another state across state lines.



This situation is addressed in Section 922(a)(3) of the GCA, which provides, in relevant part, that it shall be unlawful "for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph . . . (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section[.]"



Section 922(b)(3) would not apply here, as it addresses a sale by a person resident in one state to a person resident in another state (plus, the statute provides that paragraph (b)(3) does not apply to licensees).



So, boiling this down . . . (i) when two Maryland residents who both hold 03 FFLs travel to, say, PA, for the purpose of buying/selling a C&R handgun, they are engaged in an interstate transaction; and (ii) Section 922(a)(3) does not prohibit (important point/distinction) the transfer because both the buyer and seller hold 03 FFLs.



Then, we look to whether the GCA expressly PERMITS the transaction. We find that in Section 923(c), which provides that "pon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license.



So, then we look at what "other law" applies. The GCA's provision about compliance "with the laws of both states" is limited in scope to an interstate transfer by a resident of one state to a resident of another state -NOT to a transfer in one state by two people resident in another state. There is no provision of the GCA that says a C&R licensee-resident of one state is subject to that state's laws wherever he goes. The transaction does not occur in Maryland, so I believe (my opinion only) that Maryland has no jurisdiction over the transaction unless the GCA says so, which it doesn't. That would be like saying that the Transportation Article of the Maryland Code applies to a Maryland citizen driving in Florida simply because the driver is from Maryland, and that's not how the law works.

The BATFE has addressed what "other law" applies in its FAQs:



Q: Does the Federal firearms law require licensed collectors to comply with State laws and local published ordinances which are relevant to the enforcement of the GCA?



Yes. It is unlawful for any licensed collector to sell or deliver any firearm or ammunition to any person if the person’s purchase or possession would be in violation of any State law or local published ordinance applicable at the place of sale or delivery.



The place of sale or delivery is PA, and I would argue that the transaction is subject only to PA law. I don't know what PA law says about transactions by out-of-state FFLs within its borders.







While I would not take a chance given the climate in Maryland, I think there is a strong argument that the transaction is not subject to Maryland law. The one wild card here is that I don't know (I did a quick search and didn't find anything) whether there is a Maryland law that specifically addresses a person (resident or not) bringing a regulated firearm into the State. I don't think it does, but not sure.

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I'm in full agreement with ABULG1972. That said, I think that the burden of proof would fall on me to prove that it was an out of state transaction. Yeah, I know in theory it is the State's burden, and maybe I could win my case...but that would cost a whole lot more money than a $10 transfer fee plus all the aggravation. Shit, they might confiscate all my guns and just throw 'em into a pile until I could win my case....then I might be charged with strangling someone <jk> It's simply not worth it. Just bought a couple from an MDS'er a short while back and did the transfer through MDSP. Just $10 for the 2 and no further problems

SmokeEaterPilot said:

Maryland does not recognize Curious and Relics license within the state. The curio and relic license was meant for collectors transferring firearms across state lines. You still have to obey all state and local laws.



As for meeting across state lines, that is a felony. Your licenses are still active within the state even though you are physically outside of the state. Talk to any lawyer familiar with Maryland gun laws. The NRA is a great source if you're a member.

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Abulg1972 said:

It doesn't matter whether Maryland recognizes an 03 FFL. Federal law grants us a right to engage in interstate transactions and specifies the law that applies. The GCA does not say that every transaction by a resident of one state is subject to that resident's state laws wherever the transaction happens. That is not how the law is written, and that's not what the law is. Maryland law does not follow me wherever I go. The only times Maryland law follows me around are: (1) when I am dealing with someone from another state - in that case, the transaction must comply with the laws of both states; and (2) when I'm in Maryland dealing with someone from Maryland - in which case Maryland law applies. The GCA does not, anywhere, say that Maryland law applies to two Maryland residents conduction a transaction out of state. The BATFE has specified the law that applies - the law of the state in which the transaction occurs. Show us backup for the claim that transporting a firearm to PA for the purpose of transferring that firearm to another Maryland 03 is "a felony". Every gun show participant would be committing felonies if that were the case. I'm really interested in reviewing the citation for that assertion.

Are you asserting that if an 03 Maryland resident goes to a gun show in Texas and happens to sell his pistol to another 03 Maryland resident that Maryland law applies to that transaction??

Maryland has no jurisdiction over ANY transaction that occurs outside it's borders - even involving a Maryland resident - unless federal law - which exclusively governs interstate commerce and preempts all state laws on the subject - says so, and I am aware of no provision of the GCA that gives Maryland jurisdiction over any interstate 03 transaction unless it involves a Maryland resident and a resident of another state.



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