2Questions 1-Age 2-Permit

[Echo6Wolf]

Reading through the various MD gun laws is interesting, but abit confusing at times.

Here's my situation, hopefully someone can shed some light.

I'm deployed to AFG for the next yearish, but am stationed in MD.
The unit I am attached to here in AFG has a discount on a quality handgun which would save me ballpark $300. Currently, I am 20 and if I were to walk into a store and attempt to purchase a handgun I would be rejected due to age. However, by the time I would redeploy and pick it up from a dealer, I would be 21.

Can I order it?

My second question is really just a clarification of the Handgun Permit in Maryland. Is it a Concealed Carry permit?

To just own a Handgun for Home defense, take it to the range with the wife every now and again, do I need to worry about a permit/registration/etc?

Thank you very much in advance!

~Echo

 

[TheGoodSoldier]

I would think you would be able too but you'll want to check with the person you'll be buying it from first just in case. I don't see any reason why not but there are many things I don't know so always safe to double check. Also no it is not a concealed handgun permit and you don't need any permit to own a firearm to keep at home and take to the range as you please. You just have to pass the background check when you go to pick it up and then wait for that to come back. (You'll be waiting a while if it's a regulated firearm.)

Otherwise you should be in the green man. Good luck!

 

[ThatIsAFact]

I'm deployed to AFG for the next yearish, but am stationed in MD. The unit I am attached to here in AFG has a discount on a quality handgun which would save me ballpark $300. Currently, I am 20 and if I were to walk into a store and attempt to purchase a handgun I would be rejected due to age. However, by the time I would redeploy and pick it up from a dealer, I would be 21. Can I order it? My second question is really just a clarification of the Handgun Permit in Maryland. Is it a Concealed Carry permit? To just own a Handgun for Home defense, take it to the range with the wife every now and again, do I need to worry about a permit/registration/etc? Thank you very much in advance!
~Echo

If you are merely making an arrangement with a dealer to buy a certain handgun when you reach the age when the transaction will be permissible, and no transfer or possession actually occurs, I can't think of what that would violate. By the time you turn 21, however, Governor O'Malley's new legislation may be law, in which case (depending on what exceptions are included), you may have to be fingerprinted and obtain a "handgun qualification license" before you can acquire the handgun. It will be "registered" when the state background check is conducted, during the "seven-day" waiting period between the filing of the paperwork and picking up the gun.

The Maryland law on carrying firearms, and carry permits, makes no distinction whatever between open carry and concealed carry. Therefore, under current law, a permit holder does not violate the handgun carry statute if he carries the handgun in a holster in the open, and uniformed private security guards with carry permits do exactly that. However, if a non-uniformed permit holder did the same, it would very likely be regarded by the Maryland State Police as irresponsible behavior and in violation of their administrative guidelines, and likely would result in revocation of the permit. In any event, if a carry permit is important to you, you may wish to relocate to Virginia, Pennsylvania, or some other jurisdiction which is more trusting of its citizens in that regard.

A carry permit is not required to transport an unloaded, completely enclosed handgun to and from the range, or to and from a few other permissible locations and activities.

 

[Biggfoot44]

Ask again on 4/09/13 after we know what if anything passes in the General Assembly. Several items currently under consideration would be effecting your situation.

 

[Echo6Wolf]

The Manufacturer is making the pistol, and then sending to a FFL of my choosing.

My secondary concern now is that the "deal" includes 4 20-round magazines. And I will not be able to pick-up the weapon before October.

After reading an article on the latest updates to the ban ( link to article), as long as the order is placed prior to the deadline, I should be fine..... ?

I have not seen a lot of info regarding out-of-state purchases, and dealings with family.
Would it be better to send it to a FFL in VA. OR send it to an FFL in VA, and then have a family member pick it up when it is available?

 

[ThatIsAFact]

The Manufacturer is making the pistol, and then sending to a FFL of my choosing. My secondary concern now is that the "deal" includes 4 20-round magazines. And I will not be able to pick-up the weapon before October. After reading an article on the latest updates to the ban ( link to article), as long as the order is placed prior to the deadline, I should be fine..... ? I have not seen a lot of info regarding out-of-state purchases, and dealings with family. Would it be better to send it to a FFL in VA. OR send it to an FFL in VA, and then have a family member pick it up when it is available?

The bill approved by the House committee allows an "assault" weapon to be grandfathered in if there is a "verifiable purchase order" for that firearm as of October 1, 2013. This has nothing to do with ordinary regulated handguns, which is what I think you are asking about. It also has nothing to do with the proposed ban on detachable magazines of over 10 rounds. Under the proposed bill, transfers of such magazines within Maryland will be banned whether or not they are part of a new gun, and whether or not the gun was ordered before October 1, 2013.

Don't confuse yourself by mixing up the magazine issue with the pistol issue. Magazine restrictions, current or proposed, are entirely a matter of Maryland law. Wait until the bill is passed and then consult with Maryland experts on how to deal with that issue. But the pistol itself, without the magazine, is governed by both state and federal law, and the federal part of it does not allow what you suggest here. Under FEDERAL law, the final transfer of the new pistol to you must be made in the state in which you are a legal resident at the time. If you are a resident of Maryland at the time, you can't have it shipped to a family member through an FFL in Virginia and then just have the family member give it to you.

 

[Echo6Wolf]

That leads me to a question I've had in my mind for awhile. I'm still quite new to the military.

While I may "reside" in on-post housing in Maryland, my home of record, Driver's License, Voting Rights, etc are all Virginia.

 

[seankar]

That leads me to a question I've had in my mind for awhile. I'm still quite new to the military.

While I may "reside" in on-post housing in Maryland, my home of record, Driver's License, Voting Rights, etc are all Virginia.

For all intent you are a Virginia resident, and your Drivers license is the proof.
However you are governed by MD's laws while in the state of MD

 

[laxman63]

For all intent you are a Virginia resident, and your Drivers license is the proof.
However you are governed by MD's laws while in the state of MD

Never mind...just saw this post from above and answers what my post was about.

Under FEDERAL law, the final transfer of the new pistol to you must be made in the state in which you are a legal resident at the time. If you are a resident of Maryland at the time, you can't have it shipped to a family member through an FFL in Virginia and then just have the family member give it to you.

 

[ThatIsAFact]

That leads me to a question I've had in my mind for awhile. I'm still quite new to the military. While I may "reside" in on-post housing in Maryland, my home of record, Driver's License, Voting Rights, etc are all Virginia.

The additional information you've provided about your status may be pertinent. Here's some guidance from the federal ATF website:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
​

 

[ThatIsAFact]

But my question would be...since he lives "On Post," which is Federal Property..."IS" he governed by MD laws while "On Post?" I mean, if he finds an FFL "On Post" and that FFL handles the transaction, then isn't he subject to Federal laws while on base...?

This hypothetical seems remote. FFLs are not allowed to go around transferring guns wherever they wish, as I understand it -- basically, they can do it on their licensed premises, or at gun shows under certain circumstances. I doubt that FFLs are accomplishing transfers on military bases. Everything that I've ever read would suggest that purchases of firearms by military personnel, for personal use, are subject to the laws of the state in which the transfer occurs, which must be a state in which the armed forces member has established legal residency (see the ATF information above).

Maybe some of the FFLs who participate in this forum can shed more light on this question.

 

[FlatsFlite]

You have the option of buying in your home of record, or the state in which your orders assgn you. In the case of Maryland, all you would need to provide (presently), is your VA license and a copy of your orders for them to send to MSP with your application.


You also have to register the weapon on base. I had to register all of my weapons on every base I ever lived, including Adrews. Security Forces is pretty cool about it, but they did look at me funny when they saw the list.

If I were you, I would find an FFL in Virginia near your home of record.

 

[Echo6Wolf]

For all intent you are a Virginia resident, and your Drivers license is the proof.
However you are governed by MD's laws while in the state of MD

But what kind of laws govern purchasing a weapon in another state? Take the family member out of the equation, I'm more familiar with an FFL in Virginia anyway. A normal Sig Sauer Pistol is not a banned firearm. Is it purchase of a detachable magazine > 10-capacity In the state of MD or possession?

If purchase, then shouldn't I be ok if I make a Legal Purchase and pick-up of my firearm (and 20rd magazines) in Virginia, but transport it to Maryland where it is still Legal.
or
If possession, then I should purchase a few magazines that meet the requirement, but otherwise be ok with my firearm.

Edit: @FlatsFlitie I'm tracking the need to register with the Visitor Control Point within 72hrs. Other than the standard keeping it in gunsafe/etc and having <1,000rounds of ammunition there are no issues there.

 

[ThatIsAFact]

If purchase, then shouldn't I be ok if I make a Legal Purchase and pick-up of my firearm (and 20rd magazines) in Virginia,but transport it to Maryland where it is still Legal. or If possession, then I should purchase a few magazines that meet the requirement, but otherwise be ok with my firearm.

See the ATF guidance about residency above. If while you are a resident of Virginia as defined there, you purchase a pistol legally in Virginia, so far so good. But after October 1, 2013, if you, as the bill says, "move into the state with the intent of becoming a resident," you would be required to register the pistol within 90 days. It does not appear that the magazine capacity would be relevant under this scenario. The bill does not specifically address active-duty military with dual residencies so you will probably wish to examine the final law carefully and consult a lawyer, which I am not, for legal advice, which this is not.