Go Back   Maryland Shooters > The Arsenal > Handguns

Notices


Reply
 
Thread Tools Display Modes
Old April 15th, 2017, 05:30 PM #1
aebsr's Avatar
aebsr aebsr is offline
Reluctant Militant
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
aebsr aebsr is offline
Reluctant Militant
aebsr's Avatar
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
Selling Handgun w/ Mag Capacity over limit

I'm planning to sell my SW M&P which has two 16rnd mags. It's a to a friend who also lives in MD. Any gotchas I should be aware of using a VA FFL for the transfer?
__________________
E pluribus unum
NRA & Gilbert Guns Indoor Range Member
aebsr is offline   Reply With Quote
Old April 15th, 2017, 05:41 PM #2
montoya32's Avatar
montoya32 montoya32 is offline
Senior Member
 
Join Date: Jun 2010
Location: Fallston, MD
Posts: 10,707
Images: 22
montoya32 montoya32 is offline
Senior Member
montoya32's Avatar
 
Join Date: Jun 2010
Location: Fallston, MD
Posts: 10,707
Images: 22
Quote:
Originally Posted by aebsr View Post
I'm planning to sell my SW M&P which has two 16rnd mags. It's a to a friend who also lives in MD. Any gotchas I should be aware of using a VA FFL for the transfer?
You'll find out your issues when you try to use a VA FFL.

Mags of over 10rds cannot be transferred within the state limits.
__________________
Words and opinions on this forum are mine and mine alone and do not represent the thoughts, stances or views of the company I am affiliated with.
Tim Montoya
Realtor
443-463-3592 cell
www.themarylandrealestateblog.com
www.allhomes4me.com
www.whatsupharford.com

<a href=http://www.facebook.com/timmontoyarealtor target=_blank>http://www.facebook.com/timmontoyarealtor</a>
montoya32 is offline   Reply With Quote
Old April 15th, 2017, 05:41 PM #3
rseymorejr's Avatar
rseymorejr rseymorejr is online now
Senior Member
 
Join Date: Feb 2011
Location: Harford County
Posts: 11,164
rseymorejr rseymorejr is online now
Senior Member
rseymorejr's Avatar
 
Join Date: Feb 2011
Location: Harford County
Posts: 11,164
You can't. It needs to be transferred to him through a MD FFL. The mags can be transferred to him in VA as long as you don't offer them to him while in Maryland
__________________
Endowment Member- NRA
Member-Mount Washington Rod & Gun Club
Member- Maryland Shall Issue
ROLL TIDE!!
rseymorejr is online now   Reply With Quote
Old April 15th, 2017, 05:44 PM #4
aebsr's Avatar
aebsr aebsr is offline
Reluctant Militant
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
aebsr aebsr is offline
Reluctant Militant
aebsr's Avatar
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
Quote:
Originally Posted by rseymorejr View Post
You can't. It needs to be transferred to him through a MD FFL. The mags can be transferred to him in VA as long as you don't offer them to him while in Maryland
Ah thanks! OK. So use my normal FFL for the handgun and deal with the mags separately.

It was going to be a non issue because I was going to keep the mags but I think I'm done with 9mm in general.
__________________
E pluribus unum
NRA & Gilbert Guns Indoor Range Member
aebsr is offline   Reply With Quote
Old April 15th, 2017, 05:51 PM #5
montoya32's Avatar
montoya32 montoya32 is offline
Senior Member
 
Join Date: Jun 2010
Location: Fallston, MD
Posts: 10,707
Images: 22
montoya32 montoya32 is offline
Senior Member
montoya32's Avatar
 
Join Date: Jun 2010
Location: Fallston, MD
Posts: 10,707
Images: 22
Quote:
Originally Posted by aebsr View Post
Ah thanks! OK. So use my normal FFL for the handgun and deal with the mags separately.

It was going to be a non issue because I was going to keep the mags but I think I'm done with 9mm in general.
You can transfer the mags out of state. Sell the pistol WITHOUT the mags.
__________________
Words and opinions on this forum are mine and mine alone and do not represent the thoughts, stances or views of the company I am affiliated with.
Tim Montoya
Realtor
443-463-3592 cell
www.themarylandrealestateblog.com
www.allhomes4me.com
www.whatsupharford.com

<a href=http://www.facebook.com/timmontoyarealtor target=_blank>http://www.facebook.com/timmontoyarealtor</a>
montoya32 is offline   Reply With Quote
Old April 15th, 2017, 07:16 PM #6
knastera's Avatar
knastera knastera is offline
Just another shooter
 
Join Date: May 2013
Location: Baltimore County
Posts: 805
knastera knastera is offline
Just another shooter
knastera's Avatar
 
Join Date: May 2013
Location: Baltimore County
Posts: 805
Selling Handgun w/ Mag Capacity over limit

Take your friend to lunch in Virginia and give the magazines to him there. When you sell the gun, I'd recommend clearly stating on the bill of sale that you are selling the gun without magazines.


Sent from my iPhone using Tapatalk
__________________
Andrew G. Knaster, Ed.S., MSIS, MABS
Recipient of Grace
Army Veteran
NRA Life Member
NRA Pistol and Refuse To Be A Victim Instructor
ATF Curio and Relic Licensed
MD HQL and Wear & Carry Instructor
Perpetual Prepper
Committed Libertarian

Last edited by knastera; April 17th, 2017 at 11:49 AM.
knastera is offline   Reply With Quote
Old April 16th, 2017, 09:55 AM #7
Pinecone Pinecone is offline
Senior Member
 
Join Date: Feb 2013
Posts: 14,630
Pinecone Pinecone is offline
Senior Member
 
Join Date: Feb 2013
Posts: 14,630
Just be clear, handgun MUST (by Federal Law), be transferred through an FFL in the buyer's state of residence.

Long guns may be transferred at an FFL in any state. But the long gun must be legal in both the state of the transfer, and the state of residence of the buyer.
Pinecone is offline   Reply With Quote
Old April 16th, 2017, 10:02 AM #8
aebsr's Avatar
aebsr aebsr is offline
Reluctant Militant
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
aebsr aebsr is offline
Reluctant Militant
aebsr's Avatar
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
Quote:
Originally Posted by Pinecone View Post
Just be clear, handgun MUST (by Federal Law), be transferred through an FFL in the buyer's state of residence.

Long guns may be transferred at an FFL in any state. But the long gun must be legal in both the state of the transfer, and the state of residence of the buyer.
Yeah I had a huge brain fart on that part. Just trying to CYA on the mags.

Thanks for all the quick feedback.
__________________
E pluribus unum
NRA & Gilbert Guns Indoor Range Member
aebsr is offline   Reply With Quote
Old April 16th, 2017, 10:28 AM #9
5.56blaster's Avatar
5.56blaster 5.56blaster is offline
Senior Member
 
Join Date: Dec 2012
Location: The Peoples Republic of Maryland
Posts: 4,851
5.56blaster 5.56blaster is offline
Senior Member
5.56blaster's Avatar
 
Join Date: Dec 2012
Location: The Peoples Republic of Maryland
Posts: 4,851
If he is LEO he would be exempt from mag round limit.
5.56blaster is offline   Reply With Quote
Old April 16th, 2017, 10:57 AM #10
boundlessdyad's Avatar
boundlessdyad boundlessdyad is offline
boundlessdyad
 
Join Date: Apr 2013
Location: HoCo
Posts: 14,688
boundlessdyad boundlessdyad is offline
boundlessdyad
boundlessdyad's Avatar
 
Join Date: Apr 2013
Location: HoCo
Posts: 14,688
Quote:
Originally Posted by 5.56blaster View Post
If he is LEO he would be exempt from mag round limit.
But... The person transferring wouldn't be legal to do so inside of Maryland unless he was also an active MD or Fed LEO.
boundlessdyad is offline   Reply With Quote
Old April 16th, 2017, 06:07 PM #11
manderson manderson is offline
Member
 
Join Date: Jun 2008
Posts: 377
manderson manderson is offline
Member
 
Join Date: Jun 2008
Posts: 377
Quote:
Originally Posted by aebsr View Post
Ah thanks! OK. So use my normal FFL for the handgun and deal with the mags separately.

It was going to be a non issue because I was going to keep the mags but I think I'm done with 9mm in general.
If your local Maryland FFL is going to transfer the pistol to another FFL in Virginia, then there is no problem with him also shipping the mags with the pistol to the Virginia FFL. Maryland FFL dealers can sell Maryland banned firearms and accessories all day long and ship them to any other FFL, as long as they do not sell directly to someone who is the end customer (not an FFL dealer) in states with restrictions.

FFL dealers can ship just about anything to each other in any state (exceptions example would be class 3 firearms). The legal burden falls on the FFL dealer who is selling the product to the final customer.
manderson is offline   Reply With Quote
Old April 17th, 2017, 06:12 AM #12
RoadDawg's Avatar
RoadDawg RoadDawg is offline
Nos nostraque Deo
 
Join Date: Dec 2010
Posts: 44,599
RoadDawg RoadDawg is offline
Nos nostraque Deo
RoadDawg's Avatar
 
Join Date: Dec 2010
Posts: 44,599
Quote:
Originally Posted by aebsr View Post
I'm planning to sell my SW M&P which has two 16rnd mags. It's a to a friend who also lives in MD. Any gotchas I should be aware of using a VA FFL for the transfer?
Quote:
Originally Posted by manderson View Post
If your local Maryland FFL is going to transfer the pistol to another FFL in Virginia, then there is no problem with him also shipping the mags with the pistol to the Virginia FFL. Maryland FFL dealers can sell Maryland banned firearms and accessories all day long and ship them to any other FFL, as long as they do not sell directly to someone who is the end customer (not an FFL dealer) in states with restrictions.

FFL dealers can ship just about anything to each other in any state (exceptions example would be class 3 firearms). The legal burden falls on the FFL dealer who is selling the product to the final customer.
Your information about FFLs is correct for interstate sales... However, the OP and his friend are both Maryland residents. (See above) NO Va. FFL can make the transfer. It must be a Maryland FFL.(or MSP)

The mags can be handled out of state but must not be sold or transferred while inside the state of Maryland.

Exception... As someone pointed out, "transfer to exempt persons" (cited example: LEO). The FFL can legally transfer the >10 round mags to any exempt person.
__________________

"cogito 2A, ergo, armatum sum!"
"omnis canis plures habet die sua. habeo noctibus"

"SOCIALISM is a VIRUS that is spread LIBERALLY"[ME]
"There are none so bound by chains... as those who refuse to drop them and move on!" [ME]

__________________________________________________ ____________
NRA BENEFACTOR LIFE MEMBER • BLUE KNIGHT • FOP • SWORN TO PROTECT THE COTUS • MD DESIGNATED COLLECTOR • AMA LIFE MEMBER
RoadDawg is offline   Reply With Quote
Old April 17th, 2017, 07:01 AM #13
manderson manderson is offline
Member
 
Join Date: Jun 2008
Posts: 377
manderson manderson is offline
Member
 
Join Date: Jun 2008
Posts: 377
Quote:
Originally Posted by RoadDawg View Post
Your information about FFLs is correct for interstate sales... However, the OP and his friend are both Maryland residents.
I did miss that. Thanks for the correction.
manderson is offline   Reply With Quote
Old April 18th, 2017, 01:58 AM #14
judah7 judah7 is offline
Member
 
Join Date: Mar 2017
Posts: 404
judah7 judah7 is offline
Member
 
Join Date: Mar 2017
Posts: 404
You think you could get a VA dealer to do a Maryland handgun transfer? Sometimes it's best to just do the normal thing instead of trying to get uber creative to get around the system and in this case im sure the VA dealer would have been scratching there heads since your both Maryland residents. Lol
judah7 is offline   Reply With Quote
Old April 18th, 2017, 07:44 AM #15
ShafTed ShafTed is offline
Member
 
Join Date: Mar 2013
Location: Juuuuust over the line
Posts: 804
ShafTed ShafTed is offline
Member
 
Join Date: Mar 2013
Location: Juuuuust over the line
Posts: 804
Quote:
Originally Posted by judah7 View Post
You think you could get a VA dealer to do a Maryland handgun transfer? Sometimes it's best to just do the normal thing instead of trying to get uber creative to get around the system and in this case im sure the VA dealer would have been scratching there heads since your both Maryland residents. Lol
Yeah, that only works if you're Mike Miller. Seriously, during the 2013 session (SB281/Firearms Suppression Act) I personally heard him say that instead of complying with the law he was trying to ram through, he would just go to Virginia to buy handguns. Disgusting that these idiots know nothing about the laws they are messing with.
ShafTed is offline   Reply With Quote
Old April 18th, 2017, 08:07 AM #16
TheDonMD TheDonMD is offline
Junior Member
 
Join Date: Mar 2013
Location: HoCo
Posts: 80
TheDonMD TheDonMD is offline
Junior Member
 
Join Date: Mar 2013
Location: HoCo
Posts: 80
Quote:
Originally Posted by aebsr View Post
Ah thanks! OK. So use my normal FFL for the handgun and deal with the mags separately.

It was going to be a non issue because I was going to keep the mags but I think I'm done with 9mm in general.
Why not save money and transfer at the Rockville MSP Barracks?
TheDonMD is offline   Reply With Quote
Old April 18th, 2017, 10:07 AM #17
aebsr's Avatar
aebsr aebsr is offline
Reluctant Militant
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
aebsr aebsr is offline
Reluctant Militant
aebsr's Avatar
 
Join Date: Jan 2014
Location: Montgomery County
Posts: 40
Quote:
Originally Posted by TheDonMD View Post
Why not save money and transfer at the Rockville MSP Barracks?


Good call. Never been an option before since I've never bought/sold second hand in state. Thanks for the reminder.


Sent from my iPhone using Tapatalk
__________________
E pluribus unum
NRA & Gilbert Guns Indoor Range Member
aebsr is offline   Reply With Quote
Old April 18th, 2017, 07:44 PM #18
JohnnyE JohnnyE is offline
Senior Member
 
Join Date: Jan 2013
Location: MoCo
Posts: 1,314
JohnnyE JohnnyE is offline
Senior Member
 
Join Date: Jan 2013
Location: MoCo
Posts: 1,314
Quote:
Originally Posted by TheDonMD View Post
Why not save money and transfer at the Rockville MSP Barracks?
I did a Rockville MSP Barracks' transfer during the hectic run-up to the October 1 effective date of the FSA of 2013, and it was smooth sailing.

Leave the gun in the trunk, and take the officer out to see it when he requests. Make sure the mag(s) are packed separately from the gun, there are no bodies in the trunk, etc., and you should be fine.
JohnnyE is offline   Reply With Quote
Old April 18th, 2017, 07:52 PM #19
rseymorejr's Avatar
rseymorejr rseymorejr is online now
Senior Member
 
Join Date: Feb 2011
Location: Harford County
Posts: 11,164
rseymorejr rseymorejr is online now
Senior Member
rseymorejr's Avatar
 
Join Date: Feb 2011
Location: Harford County
Posts: 11,164
Quote:
Originally Posted by JohnnyE View Post
I did a Rockville MSP Barracks' transfer during the hectic run-up to the October 1 effective date of the FSA of 2013, and it was smooth sailing.

Leave the gun in the trunk, and take the officer out to see it when he requests. Make sure the mag(s) are packed separately from the gun, there are no bodies in the trunk, etc., and you should be fine.
If the mags hold more than 10, leave them home!
__________________
Endowment Member- NRA
Member-Mount Washington Rod & Gun Club
Member- Maryland Shall Issue
ROLL TIDE!!
rseymorejr is online now   Reply With Quote
Old April 19th, 2017, 06:49 AM #20
Hit and Run's Avatar
Hit and Run Hit and Run is online now
 
Join Date: Oct 2010
Location: Prince Frederick
Posts: 1,145
Hit and Run Hit and Run is online now
Hit and Run's Avatar
 
Join Date: Oct 2010
Location: Prince Frederick
Posts: 1,145
Quote:
Originally Posted by Pinecone View Post
Just be clear, handgun MUST (by Federal Law), be transferred through an FFL in the buyer's state of residence.

Long guns may be transferred at an FFL in any state. But the long gun must be legal in both the state of the transfer, and the state of residence of the buyer.
This

Sent from my SM-G930P using Tapatalk

__________________
----------------------------------------------------------------
'All that is necessary for the triumph of evil is that good men do nothing’
Hit and Run is online now   Reply With Quote
Reply

  Home Page > Forum List > The Arsenal > Handguns


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 05:58 AM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
© 2016, Maryland Shooters, LLC