C&R transfer question

[Ponder_MD]

I have a friend who has a WWII veteran friend that is gifting him an M1 Garand.
Neither of these people are C&R FFL's.

Can a C&R FFL record this transfer in his book or must these two gentlemen go to a full FFL (such as Tyler's) to make this transfer?

 

[LGood48]

Assuming both are MD residents, I'm pretty sure they must use an 01 FFL as a NICS check will be required for the transfer.
Based on my days as an 03 FFL, couldn't conduct business which the transfer might constitute.

 

[rseymorejr]

I don't think a C&R licensee can get involved in transfers like this. I'd be willing to bet these 2 guys have no idea about this long gun transfer BS. No harm, no foul.

 

[Ponder_MD]

Assuming both are MD residents, I'm pretty sure they must use an 01 FFL as a NICS check will be required for the transfer.
Based on my days as an 03 FFL, couldn't conduct business which the transfer might constitute.

Ok, thanks. I'll advise them to find an 01 FFL.

The vet is old and really doesn't care about such things but I don't want my younger buddy to get hammered accidentally.

 

[tallen702]

Yeah, that's a no-go in the C&R license regs. 01 or 02 (Dealer 01 or Pawnbroker 02) are the only way to stay above board with this in MD.

 

[BurkeM]

Can a C&R FFL record this transfer in his book

NO.

or must these two gentlemen go to a full FFL (such as Tyler's) to make this transfer?

YES.

 

[ShafTed]

Are they in a hurry to complete the transaction? A C&R license for the reciepient of the gift would be pretty easy & fast, and the $30 cost is probably about what they would pay for one transfer. Then it would be "Hi, here's your gun" and "Thanks! Now I'll just enter it in my book." Plus there could be many more to come.

 

[somd_mustangs]

Are they in a hurry to complete the transaction? A C&R license for the reciepient of the gift would be pretty easy & fast, and the $30 cost is probably about what they would pay for one transfer. Then it would be "Hi, here's your gun" and "Thanks! Now I'll just enter it in my book." Plus there could be many more to come.

In MD now both parties would need an FFL-03, e.g. just the recipient isn't good enough anymore. Which sucks but that's where we're at now. But an FFL-03 would be a good investment for the young buddy... earlier you start the more you can accumulate LOL.

 

[rseymorejr]

There's a gun show at SLCFSA the weekend of March 9-10 in Quarryville PA.
Usually a nice little show, this will the the first one I think in the new clubhouse.

If a Maryland resident took a rifle up there to try and sell it and just happened across
another Maryland resident looking to buy a rifle, would a F-F sale be legal?

 

[Threeband]

No.

 

[somd_mustangs]

nope. sale has to comply with the laws of the resident's state no matter where it occurs, otherwise we could flock across the border and buy up ak's etc.

 

[Bob A]

Are they in a hurry to complete the transaction? A C&R license for the reciepient of the gift would be pretty easy & fast, and the $30 cost is probably about what they would pay for one transfer. Then it would be "Hi, here's your gun" and "Thanks! Now I'll just enter it in my book." Plus there could be many more to come.

Yeah, this right here ^^^.

For little more than the price of a transfer thru an 01FFL, they could each have their own C&R licenses for three years.

During that time, they could find all kinds of goodies, and have them delivered to their doors, without MD knowing anything about it, and remain perfectly legal in the process.

They could avail themselves of the discounts offered to FFL licensees at many firearms retailers as well.

After three years, they could let their licenses lapse, and shred their bound record books if they wished, making another statement supportive of freedom. Then they could apply for a new FFL, for the same cost as a renewal, if they chose to do so.

This is one of the few bastions of freedom allowed in Maryland, and should be utilised and cherished.

 

[Mr Oni]

Between 2 men of character a hand shake should be all that is needed. The law is a cash grab.

 

[Bob A]

Between 2 men of character a hand shake should be all that is needed. The law is a cash grab.

More of a deliberate impediment. The FFL gets the lion's share of the transfer money, because he has to enter the exchanges in his books. Then there's the paperwork burden, and maybe 10 bucks for MSP - I don't recall whether they get a piece of it for long guns, or of it's just for regulated firearms.

Just the State, sticking its nose into citizens' business, and making it hard on gun owners, because "children".

Of course, if they chose the C&R route, there could be a lending of the rifle until the papers came through from ATF. Because they're presumably both gentlemen, as you said.

 

[Mr Oni]

More of a deliberate impediment. The FFL gets the lion's share of the transfer money, because he has to enter the exchanges in his books. Then there's the paperwork burden, and maybe 10 bucks for MSP - I don't recall whether they get a piece of it for long guns, or of it's just for regulated firearms.

Just the State, sticking its nose into citizens' business, and making it hard on gun owners, because "children".

Of course, if they chose the C&R route, there could be a lending of the rifle until the papers came through from ATF. Because they're presumably both gentlemen, as you said.

The atf shouldnt know if I own a rifle or not. And unless for some reason one of the parties ratted the other out no one would ever know. This is a victimless crime. I had to split 50 bucks to buy a rifle from somebody recently. That was ridiculous

 

[Bob A]

The atf shouldnt know if I own a rifle or not. And unless for some reason one of the parties ratted the other out no one would ever know. This is a victimless crime. I had to split 50 bucks to buy a rifle from somebody recently. That was ridiculous

The ATF would never have to know, if they followed my suggested protocol.

For a C&R to C&R exchange, the transaction is logged into the respective licensees' log books. ATF seldom if ever inspects these books. After three years you can let the license lapse, and legally shred your book. Then start over, if you're so inclined.

So long as the items are C&R-eligible, it's all perfectly normal, the state doesn't need to know about it, and the feds are currently interested in the FFL licensees who sell retail, or run pawnshops, or build firearms for a living.

Of course, if the rifle you bought was less than 50 yrs old, or otherwise included in the ATF's C&R book, you'd now have to transfer thru a dealer. Don't like it? Move to America. People seem to like Tennessee.