MD resident buy long gun in VA

atblis · Jan 12, 2019

There was this, again, not sure whatever came of it.

FREDRIC RUSSELL MANCE, JR. et al.,
Plaintiffs,
v.
ERIC H. HOLDER, JR. and B. TODD
JONES

https://www.thetruthaboutguns.com/2...rstate-handgun-transfer-ban-unconstitutional/

ETA: https://www.ar15.com/forums/general...te-handgun-transfer-ban-MANCE-case/5-2072573/

boothdoc · Jan 12, 2019

ted76 said:
You can buy non banned long guns from private (non FFL) sellers out of state, but you will have to arrange for the transfer to go through a FFL dealer, with a BG check.
This usually adds $20-$30 to the cost, but I have had a lot of the sellers knock the transfer fee off of their asking price or pay for it out of their pocket.
I find that a lot of the sellers, at PA shows, have already made arrangements with an FFL, to handle any handgun or out of state transfers.

What? If I buy a long gun from a private citizen outside of MD I am required to transfer it thru an FFL in MD???

Biggfoot44 · Jan 12, 2019

For a normal Rifle or Shotgun , it may be an FFL in either state .

atblis · Jan 14, 2019

Just make sure you are very specific about what you're doing with the FFL. It would really suck to get there to do the transfer and have them balk because you're a MD resident. I've had some be squirrely if it's a semi auto. One in VA sold me an M1 Garand. I was in the same store a couple months later and they said they didn't sell any semi-autos to Md residents (even a 10/22). WTF?

rseymorejr · Jan 14, 2019

Slackdaddy said:
So, If I am legally allowed to buy a non banned long gun (say a single shot H&R) from a VA dealer, and they refuse to sell to me,, can I sue for discrimination?? or is that only for cakes?

Nope, being a Maryland subject is not a protected class.

shmuel2004 · Jan 14, 2019

Out of state vendors will sell you anything that is clearly not a banned gun, like a shotgun or bolt rifle. But some sellers won't just take your word for it that a "scary looking" is not banned in MD. Even if you show them them the MSP website list.

Case in point, tried to buy a hi point 995 (yes make fun) at the Dulles show two years ago and the seller refused to do cash and carry even after I showed him on the MSP website that hi points were not banned. A buddy of mine had the same issue wihh an Hbar last year in PA. Some sellers just don't want to deal with the headache.

That being said, I've found loads of great deals at gun shows and some are even worth the transfer fee.

b_cabbell · Jan 16, 2019

Man, reading this thread makes me nervous about going to a gun show in VA being an MD resident. MD gun shows just are non-existent, and there seems to be good big shows fairly often across the border. But it seems like there is a headache dealing with this, I am nervous I won't know what is MD legal and what isn't. Not like at Big Dogs where they just have MD flags on all the MD legal weapons lol. Besides the MSP website list, what about long guns without a heavy barrel, or whatever other laws that could cause issue with purchase in VA as an MD resident.

I guess if you find a gun you want to purchase you can try and verify its legality, but that is if the seller will even make the sale I am guessing.

I will just have to go to a show and see how things go.

eruby · Jan 16, 2019

b_cabbell said:
Man, reading this thread makes me nervous about going to a gun show in VA being an MD resident. MD gun shows just are non-existent, and there seems to be good big shows fairly often across the border. But it seems like there is a headache dealing with this, I am nervous I won't know what is MD legal and what isn't. Not like at Big Dogs where they just have MD flags on all the MD legal weapons lol. Besides the MSP website list, what about long guns without a heavy barrel, or whatever other laws that could cause issue with purchase in VA as an MD resident.

What are you looking for?

Pretty much any bolt gun, any shotgun, and any non AR-15 (.223/5.56) should be okay (some exceptions, but few).

If one dealer balks, move on to the next one. And snag lots of standard capacity mags!

b_cabbell · Jan 16, 2019

eruby said:
What are you looking for?

Pretty much any bolt gun, any shotgun, and any non AR-15 (.223/5.56) should be okay (some exceptions, but few).

If one dealer balks, move on to the next one. And snag lots of standard capacity mags!

I guess nothing really in particular. I have never been to a gun show though, but I like really really want to go to one.

Def good idea to grab mags.

Thanks for the input. I am sure when I finally do go to one I will report abck here on my first experience.

Would you say the bigger the show the better?

zoostation · Jan 16, 2019

Slackdaddy said:
Rumor has it VA gun shows are better than MD gun shows.
I am looking for a few lever .22s,,
Can a MD resident purchase non-regulated long guns at a VA show?
And just as important, will VA vendors sell to non VA residents?

What is a good show for "Non-black gun" guns?

Nick

Yes you can purchase long guns out of state, must be through an FFL, no person to person. Federal law. No guns banned in your home state, also per USC you cannot violate your own state's purchase restrictions out of state. Most Virginia dealers are happy to take MD dollars, a few are notoriously nasty and probably inbred as well.

Pinecone · Jan 24, 2019

3174 said:
The big box store I purchased a shotgun from in Virginia told me the rule was the purchasers state had to touch Virginia. And no handguns.
I didn't question, just filled out the paperwork.

They are out of date on the law.

By about 33 years.

FOPA 86 removed the adjacent state requirement.

Although a few states, in complying with GCA 68 (which is where the adjacent state requirement started, but required the states to pass a law allowing out of state purchases, 49 did, DE did not), passed laws allowing purchase in ONLY adjacent states. I know in the past few years, a couple of them revised their laws to remove that restriction.

MD was not one of these.

Pinecone · Jan 24, 2019

DaemonAssassin said:
The touching state rule used to be in effect, until the advent of NICS. The no handgun purchase outside the state of residence is still in effect.

NICS (from Brady Law 1993) has nothing to do with the change.

The adjacent state requirement from GCA 68 was removed by FOPA 86.

Pinecone · Jan 24, 2019

Slackdaddy said:
So, If I am legally allowed to buy a non banned long gun (say a single shot H&R) from a VA dealer, and they refuse to sell to me,, can I sue for discrimination?? or is that only for cakes?

The cake guy won his case.

No, not discrimination to not sell to you. You are not a protected class.

Pinecone · Jan 24, 2019

Capt Skup said:
and the best place, Green Top. I have bought long guns from both, no issue being a Maryland resident (not for much longer )

Funny thing, last summer I bought a 10/22 TD Lite from Green Top. Needed two forms of ID, so my DL and my VA Non-res permit.

They had never seen a VA non-resident permit. Everyone wanted to look at it.

Pinecone · Jan 24, 2019

boothdoc said:
What? If I buy a long gun from a private citizen outside of MD I am required to transfer it thru an FFL in MD???

No, FFL in ANY state.

As long as the purchase is legal in the state of residence of the buyer and the state where the transfer (FFL location) occurs.

So no, you cannot go to another state and buy an MD banned long gun. And no, someone from another state cannot buy a MD banned long gun at an MD FFL and take possession (it could be sent to an FFL in another state).

Pinecone · Jan 24, 2019

Biggfoot44 said:
For a normal Rifle or Shotgun , it may be an FFL in ANY state .

As long as it is legal in that state.

So an MD resident, could buy a long gun from a VA resident, with the transfer occurring at a WV FFL.

Muleskinner · Jan 24, 2019

I know of at least 1 Va FFL that refuses to sell any firearms to Md residents. It's too bad because they frequently have nice consignment sales

Pinecone · Jan 24, 2019

I bought my M1 Carbine from a seller at gun show in Winchester. He was a private seller, not an FFL, so I had to go around to the FFLs to find one who would do the transfer.

2 or 3 refused. One was OK, but he did check the list in SB281.

mvee · Jan 24, 2019

One dealer at the Chantilly show would not sell any Marylander an SKS from their crate a few years ago. I was checking out the different rifles from the crate. In the few minutes I was at the table, three or four Marylanders wanted to buy a rifle and were denied. This is when some SKSs showed up in the market after a long drought. Other dealers would not sell any firearms to Maryland residents. You think they would better understand the law since their income depends on it.

eruby · Jan 25, 2019

Pinecone said:
As long as it is legal in that state.

So an MD resident, could buy a long gun from a VA resident, with the transfer occurring at a WV FFL.

Yes, though the WV FFL would likely do 2 transactions: One from VA resident to FFL, and one from WV FFL to MD serf.

MD resident buy long gun in VA

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