Buying at an out of state gun shop.

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  • Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    The only thing both dealers here in FL told me was, if I was buying a handgun then it would have to be shipped to my FFL in MD.

    Correct.

    But any rifle (AR/AK/Anything) can be bought straight at the store as a cash and carry item.

    In doing so you would be violating the Gun Control Act of 1968 (if a regulated long gun) and/or MD Public Safety Title 5 Section 5-204 code. You could reasonably expect to be prosecuted on federal and/or state charges.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Federal law does not prohibit buying long gun in ANY state, if purchased from an FFL.

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    MD law prohibits you from buying a MD regulated gun from outside the state.

    The adjoining states part of GCA 68 was changed MANY years ago.
     

    fatalsports

    Member
    Mar 4, 2012
    93
    Federal law does not prohibit buying long gun in ANY state, if purchased from an FFL.



    MD law prohibits you from buying a MD regulated gun from outside the state.

    The adjoining states part of GCA 68 was changed MANY years ago.

    I'm confused now, so you can buy a non-regulated firearms from any state, even the one you do not reside it...as long as it's not regulated and you can cash and carry it out of there?

    So, I can legally buy a MD defined non-regulated AR(HBAR) in Florida as a cash and carry without any issues?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Federal law does not prohibit it.

    I don't know if MD has any laws regarding this.

    But in the past, I have purchased long guns in other states (not adjacent). BUT, some FFLs will not sell to out of state people or people who reside in certain states (MD can be one), as they do not want to keep up with the laws and what is allowed and not allowed in those states.
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    So, I can legally buy a MD defined non-regulated AR(HBAR) in Florida as a cash and carry without any issues?

    No, you cannot. As a MD resident, you must do an FFL transfer to purchase an HBAR from a FL FFL (assuming you're not also a FL resident).

    https://law.justia.com/codes/maryland/2010/public-safety/title-5/subtitle-2/5-204/

    Never forget that ignorance of the law is no excuse when MSP comes knocking on your door at the request of the AG's office. The AG loves to make a very public example out of crap like this.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    That cite doesn't actually say you can't buy in a state not adjacent. Not saying they don't interpret it that way.

    I found that entire section, and while it defines a resident of an adjacent state for that section, the term is not used.

    Subtitle 2. Rifles and Shotguns
    5-201. Definitions
    (a) In general. In this subtitle the following words have the meanings indicated.
    (b) Rifle. "Rifle" has the meaning stated in §4-201 of the Criminal Law Article.
    (c) Short-barreled rifle. "Short-barreled rifle"has the meaning stated in § 4-201 of the Criminal Law Article.
    (d) Short-barreled shotgun. "Short-barreled shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.
    (e) Shotgun. "Shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.
    5-202. Scope of subtitle. This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:
    (1) an antique firearm as defined in § 4-201 of the Criminal Law Article;
    (2) a device designed or redesigned for use other than as a weapon;
    (3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or
    (4) a firearm that cannot:
    (i) discharge a projectile by an explosive; and
    (ii) be readily restored to a firing condition.
    5-203. Possession of short-barreled rifle or short-barreled shotgun
    (a) Prohibited. A person may not possess a short-barreled rifle or short-barreled shotgun unless:
    (1) the person, while on official business is:
    (i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State; United States or the National Guard while on
    duty or traveling to or from duty;
    (iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
    (iv) a warden or correctional officer of a correctional facility in the State; or
    (v) a sheriff or a temporary or full-time deputy sheriff; or
    (2) the short-barreled shotgun or short-barreled rifle has been registered with the federal
    government in accordance with federal law.
    (b) Burden of proof. In a prosecution under this section, the defendant has the burden of
    proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
    (c) Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5
    years or a fine not exceeding $5,000 or both.
    5-204. Purchasers of rifles and shotguns.
    (a) "Adjacent state" defined In this section, "adjacent state" means Delaware, Pennsylvania, Virginia, or West Virginia.
    (b) Resident of this State in adjacent state.
    If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.
    (c) Resident of adjacent state in this State.
    If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.
    5-205. Possession by person with mental disorder
    (a) Prohibited. Unless the person possesses a physician's certificate that the person is capable of possessing a rifle or shotgun without undue danger to the person or to another, a person may not possess a rifle or shotgun if the person:
    (1) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another; or
    (2) has been confined for more than 30 consecutive days in a facility as defined in § 10-101 of the Health - General Article.
    (b) Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
     

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