Zorros
Ultimate Member
Plse remind me. under new law can 2 c&r licensees transfer a c&r rifle without going thru an 01? Can they transfer a non c&r rifle? A c&r handgun?
1) yes
2) no
3) no
Thanks, all. Very much appreciate the quick response. Yes, c&r guns to a 03 in md must go thru an 01.
Was beginning to think about selling some cr rifles. And frankly, much better to know your buyer is vetted and not prohibited.
I understood it as an 03 can still buy C&R long guns from anyone, but a 03 still has to transfer through an 01 to sell to someone who isn’t another 03.
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Nope. If you read the strict exemption in the law, only FFL-03 to FFL-03 for C&R long guns. You can’t buy it from anyone according to the law without a background check. Only another FFL-03.
HOWEVER at the start of the law it says all holders of federal firearms license are considered dealers under the law. Later it says all dealers as defined under the law are exempt from the new law.
I suspect that wasn’t intentional.
So as I see it someone needs to get clarification from the AG. I hate uttering those words but it's less than clear. Huge difference between 03 to 03 only and all 03 holders are exempted entirely.
Let sleeping dogs lie.
That doesn't work for this though. You either play ultra conservative on the law interpretation and sacrifice more of your freedom or at least gain certainty and know what to do.
Although I do not plan compliance either way
Ambiguity in the law can be your friend if God forbid, you ever find yourself in court.
Rule of Lenity. https://harvardlawreview.org/2018/06/the-appellate-rule-of-lenity/
But you're leaving your fate in the hands of a judge, who, in MD, is likely a strong Anti.
Thanks, all. Very much appreciate the quick response. Yes, c&r guns to a 03 in md must go thru an 01.
Was beginning to think about selling some cr rifles. And frankly, much better to know your buyer is vetted and not prohibited.