Complicated buying situation

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  • Frostburg

    Member
    Jan 1, 2015
    87
    So strange question. As a former Maryland resident, and now a current resident of Washington, D.C. I keep all my firearms in Maryland. I purchased all my firearms as a Maryland resident.

    I now want to sell one of my shotguns and buy a new one. I can't buy anything as a D.C. resident. But can I go to a MD FFL, purchase a basic Mossberg 500, and keep it with my other firearms in Maryland? As a former Maryland resident, I legally keep all my MD firearms in MD. And I would want my new shotgun to fall under the same stipulation. I essentially want to "trade" shotguns; one that I bought years ago. Nothing would enter D.C. It would all be Maryland biz. Or if I kept the shotgun with my sister in Virginia, I wouldn't mind buying the shotgun in Virgnia. It has no reason to leave the state where it is being purchased. Not until I move out of the district.
     

    echo6mike

    Ultimate Member
    Feb 1, 2013
    1,794
    Close to DC
    IANAL, but I think that if you are now a legal resident of the District of Columbia, that means all of DC's firearms laws and regulations apply to you and your collection no matter where things may be physically located. I'm sure that for any new purchases you must follow all of the District's regulations - anything you buy now, you buy as a DC resident.

    This could be complicated, you should probably get an actual lawyer's advice in real life.
     

    F5guy

    Active Member
    Mar 27, 2013
    440
    Annapolis
    Your sister just called and told me she’s thinking about buying a new shotgun and storing it in MD so you can borrow it whenever you want. Ownership, possession, gifting, loaning are all interesting topics.


    Sent from my iPhone using Tapatalk
     

    Frostburg

    Member
    Jan 1, 2015
    87
    IANAL, but I think that if you are now a legal resident of the District of Columbia, that means all of DC's firearms laws and regulations apply to you and your collection no matter where things may be physically located. I'm sure that for any new purchases you must follow all of the District's regulations - anything you buy now, you buy as a DC resident.

    This could be complicated, you should probably get an actual lawyer's advice in real life.

    What?? The district is insane if they think they have any authority over my legally purchased and owned firearms that I purchased prior to moving into the district, and are still being stored in the original state of purchase. They can go and eff right off on that. My firearms have and never and will never cross D.C. lines. As far as I'm concerned, it's none of their darn business. And if they think so, they can go pound sand.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    So strange question. As a former Maryland resident, and now a current resident of Washington, D.C. I keep all my firearms in Maryland. I purchased all my firearms as a Maryland resident.

    I now want to sell one of my shotguns and buy a new one. I can't buy anything as a D.C. resident. But can I go to a MD FFL, purchase a basic Mossberg 500, and keep it with my other firearms in Maryland? As a former Maryland resident, I legally keep all my MD firearms in MD. And I would want my new shotgun to fall under the same stipulation. I essentially want to "trade" shotguns; one that I bought years ago. Nothing would enter D.C. It would all be Maryland biz. Or if I kept the shotgun with my sister in Virginia, I wouldn't mind buying the shotgun in Virgnia. It has no reason to leave the state where it is being purchased. Not until I move out of the district.

    Do a search, this question has been asked, debated, answered several times. (looks like you asked this basic question almost 2 years ago: https://www.mdshooters.com/showthread.php?t=244095)

    The short answer is, so long as the firearm is legal in both MD and DC you should be able to purchase it in a MD FFL. As for them buying your previous shotgun, that depends on how much you are willing to take.
     

    Frostburg

    Member
    Jan 1, 2015
    87
    Do a search, this question has been asked, debated, answered several times. (looks like you asked this basic question almost 2 years ago: https://www.mdshooters.com/showthread.php?t=244095)

    The short answer is, so long as the firearm is legal in both MD and DC you should be able to purchase it in a MD FFL. As for them buying your previous shotgun, that depends on how much you are willing to take.

    That question I asked "2 years ago," (that question was a year ago) which was answered, is about possession of a firearm in Maryland, while the owner is living in the District.

    This question is different as it pertains to purchasing a NEW firearm as a FORMER MD resident, and keeping it with my other Maryland collective firearms.

    So basically, I want to know if I need to follow D.C. purchasing laws if I am keeping a newly purchased firearm in a previous state of residence, and purchasing that firearm with my Maryland residence in mind, rather than my D.C. residence.

    Anyway, it seems like I can't.
     

    Huckleberry

    No One of Consequence
    MDS Supporter
    Oct 19, 2007
    23,306
    Severn & Lewes
    There is a easy way for fix your problem, move you butt out of DC.

    Freedom is right across the river in Arlington if you really need to live close to the District.
     

    Frostburg

    Member
    Jan 1, 2015
    87
    There is a easy way for fix your problem, move you butt out of DC.

    Freedom is right across the river in Arlington if you really need to live close to the District.

    The plan is to move to Georgia in a few months, but that's not until then. I do want to replace my current shotgun though. If I can't buy one using my former Maryland residency, and MD firearms ownership as formal justification for the MD FFL, and keeping my D.C. residency out of it, I might just have to swap out the parts I don't want for the parts I do want (new barrel profile, etc) instead. But just buying a new shotgun and selling the old one just makes more sense to me, as I don't want to have to drill and tap a picatinny mount on my current receiver when any new shotgun can come with sights ready to go.

    I personally just don't feel like I should have to provide legal justification to a MD FFL to sell me a basic pump action shotgun when I have already purchased several ARs, a Tavor, and numerous other firearms back when I lived in Maryland, just because my current Driver's license says D.C. on it, IF I have NO intention of keeping the new shotgun anywhere near D.C. (They're all staying in MD). It's kind of like stepping backwards in time like I didn't move to D.C. just yet. In terms of where my firearms are being stored, nothing has changed. This new transaction has literally nothing to do with D.C.
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    The plan is to move to Georgia in a few months, but that's not until then. I do want to replace my current shotgun though. If I can't buy one using my former Maryland residency, and MD firearms ownership as formal justification for the MD FFL, and keeping my D.C. residency out of it, I might just have to swap out the parts I don't want for the parts I do want (new barrel profile, etc) instead. But just buying a new shotgun and selling the old one just makes more sense to me, as I don't want to have to drill and tap a picatinny mount on my current receiver when any new shotgun can come with sights ready to go.

    I personally just don't feel like I should have to provide legal justification to a MD FFL to sell me a basic pump action shotgun when I have already purchased several ARs, a Tavor, and numerous other firearms back when I lived in Maryland, just because my current Driver's license says D.C. on it, IF I have NO intention of keeping the new shotgun anywhere near D.C. (They're all staying in MD). It's kind of like stepping backwards in time like I didn't move to D.C. just yet. In terms of where my firearms are being stored, nothing has changed. This new transaction has literally nothing to do with D.C.

    While I understand your feelings, the gun laws are pretty clear. Keep what you have or wait until you get to Georgia.

    Maybe a MD FFL will sell to you with a DC license but considering how screwy gun laws are in the district, I doubt it. You are a DC resident. As others have said, the physical location of the guns is irrelevant.

    This is the state of the 2A in modern America. Somewhere along the lines "Shall not be infringed" became "Infringe at will, don't worry, they are just citizens and taxpayers. if they don't like it they can move somewhere else"
     

    toppkatt

    Ultimate Member
    Apr 22, 2017
    1,185
    How do you think a person who moved to Maryland from a free state (notice I used an antiquated nick name for MD?) having to register his previously unregistered firearms. Though I thought MD didn't technically have a registration... HUMMMM.
     

    Mightydog

    Ultimate Member
    MDS Supporter
    The plan is to move to Georgia in a few months, but that's not until then. I do want to replace my current shotgun though. If I can't buy one using my former Maryland residency, and MD firearms ownership as formal justification for the MD FFL, and keeping my D.C. residency out of it, I might just have to swap out the parts I don't want for the parts I do want (new barrel profile, etc) instead. But just buying a new shotgun and selling the old one just makes more sense to me, as I don't want to have to drill and tap a picatinny mount on my current receiver when any new shotgun can come with sights ready to go.

    I personally just don't feel like I should have to provide legal justification to a MD FFL to sell me a basic pump action shotgun when I have already purchased several ARs, a Tavor, and numerous other firearms back when I lived in Maryland, just because my current Driver's license says D.C. on it, IF I have NO intention of keeping the new shotgun anywhere near D.C. (They're all staying in MD). It's kind of like stepping backwards in time like I didn't move to D.C. just yet. In terms of where my firearms are being stored, nothing has changed. This new transaction has literally nothing to do with D.C.

    Simple answer you should ask yourself...is it legal to purchase as a D.C. resident? Storage is irrelevant. Does D.C. law say you can have it then YES. If D.C. law says you can’t then NO. Easy peasy.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,480
    Fairfax, VA
    1968 GCA cares about the jurisdiction in which you are a resident and to whom the firearm gets physically transferred, not where you store a Title I firearm.

    You have to put your current address on the 4473 when buying from an FFL. Giving a false address is a felony.
     

    echo6mike

    Ultimate Member
    Feb 1, 2013
    1,794
    Close to DC
    Simple answer you should ask yourself...is it legal to purchase as a D.C. resident? Storage is irrelevant. Does D.C. law say you can have it then YES. If D.C. law says you can’t then NO. Easy peasy.

    1968 GCA cares about the jurisdiction in which you are a resident and to whom the firearm gets physically transferred, not where you store a Title I firearm.

    You have to put your current address on the 4473 when buying from an FFL. Giving a false address is a felony.

    Quoted for emphasis.

    I don't know if DC has any registration requirement (of firearms) for new residents. If they do, then OP will need to take care of that for his current firearms as well.

    Be careful with the law, and good luck!
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Quoted for emphasis.

    I don't know if DC has any registration requirement (of firearms) for new residents. If they do, then OP will need to take care of that for his current firearms as well.

    Be careful with the law, and good luck!

    This.

    If it is legal in DC, then you can purchase it in Maryland. Keep it where ever you want at that point so long as there is nothing saying the gun can't be in Maryland (not aware of anything that said it couldn't be).

    If DC requires registration of firearms by DC residents, then all of your guns must be registered with them. Including the newly purchased one. If DC Police have to sign off on the purchase for some crazy reason by registering it with them in advance (I don't know the district gun laws well at all), then you need to get them to sign off on it.

    To the best of my knowledge with DC gun laws, your guns in Maryland should be registered with them. It doesn't matter they never entered the district.

    Maryland's gun registry for new residents doesn't say "guns that never enter the state". It says new residents have 90 days to register all regulated firearms with the state. Most states laws cover your property outside of the state as well. Your income in another state is generally taxable within your state of resident, not where you earn it.

    Stuff like that applies all the time. Is DC going to snag you and throw you in prison for not registering guns that stayed in Maryland and never entered the district? Probably not even if it came to their attention. You certainly would be at risk if you decided to bring one in later (registering it or not) if you are outside of whatever registration period there was.

    Your situation sounds like a good question for a lawyer who is knowledgeable with DC gun laws. The simplest, but possibly not most legal, solution is wait till your have moved to Georgia and are a Georgia resident to do anything. The more complicated is buy the shotgun in MD, register it in DC no matter where you are physically keeping it and probably all your other guns need to be registered with DC as well, probably with an explanation of why the guns weren't registered originally (didn't think they needed to as the guns have never entered the district and never planned for them to).

    That's probably the official legal answer. But color me not a lawyer at all. I can't advise which is the best solution or has the least legal problems for you.

    PS and I am aware a lot of people moving to states with registration requirements never register their guns with their new state of residence (stupid) or leave guns behind with family or friends with no intention of those guns ever entering their state of residency (I assume because they either believe that their residency is temporary in nature or because the firearm in question cannot be legally possessed in the state they have setup residency). I am not aware of case law surrounding such a situation where someone fails to register guns, but those guns never enter the state of residency and somehow they get gigged by police and charged with failure to register those guns. As for legality of owning a firearm that is banned in your new state of residency and leaving it outside of the state, that likely violates the law beyond just a failure to register (states control their citizens even when the citizen is not currently standing in their state).

    That also all opens the risk if where you are storing firearms out of state becomes untenable (maybe family or friends move or die or don't want to store them any longer or can't legally store them any longer). Or that your residency in your new state ends up becoming effectively permanent. Only real options there is illegally move the firearms in to your state of and never register them, perhaps transfer them to an out of state FFL and then to yourself using FFL in your state of residency and paying those costs, or sell them out of state through an FFL to dispose of them. Or I guess lastly bring them in and register them and hope state police are okay with registering them when they are brought in to the state outside of whatever window you were supposed to have registered them.
     

    echo6mike

    Ultimate Member
    Feb 1, 2013
    1,794
    Close to DC
    What?? The district is insane if they think they have any authority over my legally purchased and owned firearms that I purchased prior to moving into the district, and are still being stored in the original state of purchase. They can go and eff right off on that. My firearms have and never and will never cross D.C. lines. As far as I'm concerned, it's none of their darn business. And if they think so, they can go pound sand.

    Unfortunately, this isn't actually how the law works. Lazarus explained very well in a previous post here.

    Bottom line of free internet advice (mine, anyway)? Find that lawyer who practices in the District and knows their gun laws and get a consult set up. Don't do anything stupid, and try to stay out of jail.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    Two different discussions :

    1. The firearms you purchased in the past when you Used To Be Maryland Resident .

    2. Potential purchases NOW , while you are a DC Resident .

    Without evoking the Ghost of Novus about multiple Residences , you would have to make current purchases as a DC Resident , following DC process .

    I'm not an expert on DC , but the slightly watered down answer is that DC Residents Can legally purchase * most * shotguns . But the process is pain in the butt , expensive , and takes time . ( Some of our DC members can jump in with the particulars ) .

    But if you are already moving to Ga aka Free America in single digit months , it may well be your easiest, cheapest , and possibly quickest option is to do your Shotgun Rotating once your arrive in Georgia .

    [ under GCA68 and FOPA 86 , Interstate purchases of Rifles and Shotguns , requires the sale to be Legal in the physical location it takes place AND in t h e Buyer's State of Residence . DC would not consider it legal w/o going through the DC purchasing process .]
     

    Frostburg

    Member
    Jan 1, 2015
    87
    Wtf... so they just arn't willing to let you win.

    I can't wait to leave this bizarro land of Washington, D.C. The move out date can't come fast enough. I would be only so happy to give the legislators here a piece of my mind.. Good riddance
     

    Frostburg

    Member
    Jan 1, 2015
    87
    Your sister just called and told me she’s thinking about buying a new shotgun and storing it in MD so you can borrow it whenever you want. Ownership, possession, gifting, loaning are all interesting topics.


    Sent from my iPhone using Tapatalk


    Ahhhh. I gotcha. If I were staying in this area longer, then mmaybe, maybee...
    I like the way you think. hahahaha

    But greener pastures await!
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    Having spent some time in Georgia, 8y, I’ll recommend that it’s just best to take a chill pill and wait until you get there.

    Relatively speaking, zero annoying laws. The normal BGC 4473 when buying from an ffl. Private sales are good. Permits for CCW are easy.

    What more could you want.

    And spit in the eye of dc and md and any place requiring a permit to get a permit to think about maybe buying a gun.

    When you get to Georgia, if you’re near Atlanta, adventure outdoors use to be good. As a plus, they fought bloomturd for a number of years. They use to have a very good selection of gun stuff. Rona shortages aside.

    Another term to know: every pawn shop is a gun store. (Maybe a slight exaggeration, but most usually have a fair or better selection)

    Academy outdoors is a good chain, relatively speaking. Pre rona, they usually had a good selection. And there are a number of them around the state.

    Good luck, hunker down, and give your money to businesses in a state that doesn’t hate you!

    Ahhhh. I gotcha. If I were staying in this area longer, then mmaybe, maybee...
    I like the way you think. hahahaha

    But greener pastures await!
     

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