Selling Handgun w/ Mag Capacity over limit

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  • aebsr

    Reluctant Militant
    Jan 19, 2014
    44
    Montgomery County
    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?
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    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.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,002
    Harford County
    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
     

    aebsr

    Reluctant Militant
    Jan 19, 2014
    44
    Montgomery County
    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.
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    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.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    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.


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    Last edited:

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    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.
     

    aebsr

    Reluctant Militant
    Jan 19, 2014
    44
    Montgomery County
    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.
     

    manderson

    Ultimate Member
    Jun 3, 2008
    1,243
    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.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,181
    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?

    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.
     

    judah7

    Banned
    BANNED!!!
    Mar 18, 2017
    691
    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
     

    ShafTed

    Ultimate Member
    Mar 21, 2013
    2,212
    Juuuuust over the line
    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.
     

    TheDonMD

    Member
    Mar 18, 2013
    98
    HoCo
    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?
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,459
    MoCo
    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.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,002
    Harford County
    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!
     

    Hit and Run

    Ultimate Member
    Oct 15, 2010
    1,435
    Prince Frederick
    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

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