Can I bring pistols back to MD?

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  • Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    I'm from Arizona(a far superior state) and don't like the extra paperwork and wait time for buying restricted guns in MD. When I go home to AZ, can I buy firearms that are restricted in MD and bring them back? Would I have to register them in MD?
     

    Tconfo

    Ultimate Member
    Nov 6, 2008
    2,335
    Harford County
    If you are now a resident of Arizona and have firearms, I don't think you have to register them when you move. If you are an MD resident you have to buy the md approved guns and have them shipped to an ffl and do
    Paperwork.
    Correct me if I'm wrong
     

    Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    The only problem will be you will not be able to purchase a handgun in MD, if you maintain your AZ residency.
    I've already bought handguns in MD. Should I hide my dog?



    Thanks for the quick replies guys. That's why I love this place!
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,493
    Crofton
    The only problem will be you will not be able to purchase a handgun in MD, if you maintain your AZ residency.
    Military is a special case:


    p136
    http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

    Section 921(b) of the GCA provides that a member of the Armed Forces in active duty is a resident of the State in which his permanent duty station is located. The purchaser's official orders showing that his or her permanent duty station is within the State where the licensed premises are located suffice to establish the purchaser's residence for GCA purposes. In combination with a military identification card, such orders will satisfy the Brady Act's requirement for an identification document, even though the purchaser may actually reside in a home that is not located on the military base.
    Licensees should note that for purposes of the GCA, military personnel may in some cases have two States of residence. For example, a member of the Armed Forces whose permanent duty station is Fort Benning, Georgia, may actually reside in a home in Alabama. For GCA purposes,that individual is a resident of Georgia when he or she is in Georgia and a resident of Alabama when he or she is in Alabama. If such an individual wishes to purchase a firearm in Alabama, he or she must of course comply with the identification document requirement in the same way as any other Alabama resident.
    Held: the Brady Act and the implementing ATF regulations require
    licensed importers, manufacturers, and dealers to examine a valid government- issued identification document
    that bears the name, residence address, date of birth, and photograph
    of the holder prior to making an over-the-counter transfer to any unlicensed
    transferee. Licensees may accept a combination of valid, government-
    issued documents to satisfy the identification document requirements
    of the Brady Act. A government- issued photo identification
    document bearing the name, photograph, and date of birth of the transferee
    may be supplemented by another valid, government-issued
    document showing the transferee's current residence address.
    Held further, a purchaser who is 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, and may satisfy the identification document requirement
    by presenting his or her military identification card along with official orders
    showing that his or her permanent duty station is located within the State
    where the licensed premises are located.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    The only problem will be you will not be able to purchase a handgun in MD, if you maintain your AZ residency.

    That is not correct, I have a Texas license and I have purchased in both Texas and Maryland.

    Orders, a governmental bill (trash), your out of state license, and your military id will get the job done in MD.
    A smile will suffice in AZ for ftf transactions...

    You can fly back with as many shiny new pistols as you like... I did.

    Mark
     

    Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    Well, here's a new complication. I emailed a gun shop for price quotes, and they told me that they couldn't sell to me. I gave them the ATF document reference that was posted earlier, and they asked their local ATF office. According to the ATF, I can buy a weapon in Arizona and have it transferred to a FFL in Maryland. This is based off page 2 of the ATF August 2004 bulletin, which I haven't found yet. They say if I was based in another state that was within driving distance of Arizona I could buy weapons in Arizona.
    To me, this sounds like the dealer is being overly cautious (rightly so) and the ATF is making stuff up. What are the actual laws about this? Seems like the ATF can write a memo and it becomes a law...
    Maybe I should write my congressman about this? Oh wait, it's Giffords. Doubt she'd help me buy a gun in Tucson.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,705
    SoMD / West PA
    OP do you have a License to carry firearms, issued by a governmental agency (county sheriff works)?

    As long as the License has your photo, Name, address, DoB, and signature.

    Q: Is a Social Security card a proper means of identification for purchasing a firearm from an FFL?
    No. A Social Security card, alien registration card, or military identification alone does not contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of government-issued documents which together establish all of the required information: Name, residence address, date of birth, and photograph of the holder.

    [27 CFR 478.11 and 478.124(c)]

    http://www.atf.gov/firearms/faq/atf-f-4473.html#social-security-id
     
    Most Md. dealers are probably afraid of the ATF and Md. for that matter. It's just like the 7 day wait, correct me if I'm wrong but doesn't the Md law say that if the State has not disaproved a purchase in the 7 day period, after 7 business day's that the dealer may release the firearm to the purchaser? But yet i don't know of any dealers that will release the weapon after the seven day's if they have not heard back from the State by the 7 day time frame. I have heard of people that did not get, and I quote "Not Disaproved" approval until almost two weeks had gone by. And they had to wait to pick up their handgun/assult rifle. I imagine it's hard for a dealer to stay on top of all of the regs and changes. Kind of like doing income taxes as far as being confusing and contradictory.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,443
    Carroll County
    ...They say if I was based in another state that was within driving distance of Arizona I could buy weapons in Arizona.
    To me, this sounds like...the ATF is making stuff up.

    Maryland is within driving distance of Arizona.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Well, here's a new complication. I emailed a gun shop for price quotes, and they told me that they couldn't sell to me. I gave them the ATF document reference that was posted earlier, and they asked their local ATF office. According to the ATF, I can buy a weapon in Arizona and have it transferred to a FFL in Maryland. This is based off page 2 of the ATF August 2004 bulletin, which I haven't found yet. They say if I was based in another state that was within driving distance of Arizona I could buy weapons in Arizona.
    To me, this sounds like the dealer is being overly cautious (rightly so) and the ATF is making stuff up. What are the actual laws about this? Seems like the ATF can write a memo and it becomes a law...
    Maybe I should write my congressman about this? Oh wait, it's Giffords. Doubt she'd help me buy a gun in Tucson.

    You have to purchase it in person in AZ. You can't order it over the phone and have it delivered direct to MD. You have to physically be there doing the purchase with your AZ id.

    You will likely need your AZ id with a local address.

    Texas is easier... show my CHL. No NICS check, fill out the 4473, cash and carry.

    Mark
     

    Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    Is this one of those situations where I'm giving too much information? Hi, I want a gun, but I'm based in MD, want to buy a gun in AZ, have an AZ driver's license, bla, bla. Maybe I should just show up with my ID, buy the gun and not confuse the dealer? This plan doesn't end with my dog getting shot, does it?

    To Inigoes: I'm getting my CHP in Arizona while I'm there, I don't have one now. Why? A drivers license has all the required information, right?
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Is this one of those situations where I'm giving too much information? Hi, I want a gun, but I'm based in MD, want to buy a gun in AZ, have an AZ driver's license, bla, bla. Maybe I should just show up with my ID, buy the gun and not confuse the dealer? This plan doesn't end with my dog getting shot, does it?

    To Inigoes: I'm getting my CHP in Arizona while I'm there, I don't have one now. Why? A drivers license has all the required information, right?

    Yes, you are making them think, default answer will be no.
     

    Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    Hopefully the ATF hasn't flagged me for asking questions. They should be busy running guns to Mexico still, right? Lol
     

    Af_catfish

    Abandon All Hope
    Sep 6, 2011
    261
    Bremen, Ohio
    I'm from Ohio and the military tells me I have to live here. I've bought firearms both here and in Ohio. For here you'll need orders, military ID, and Driver's License. I've bought a handgun here and it wasn't a problem. For back in Ohio I just use my driver's license. I fill out the paperwork like I lived in Ohio. As an Ohio resident using my Mom's address this works. I bought my AR in Ohio and my M1A in West Virginia using my OH driver's license. When I first got stationed here I went to the MSP and asked if I had to register the firearms I was bringing here that I had purchased in Ohio. They told me that as long as they were legally purchased in Ohio that I didn't need to register them. They gave me the paperwork to voluntarily register them. But I didn't have to.
    So, as an Arizona resident you can purchase firearms in your home state just like if you actually lived in your home state. You can bring them to MD without having to do anything special. To buy them here you need a bit of extra paperwork, but it's not that bad. Someone had said that you need a bill or something that has your address on it. I've never been asked about that, but I do bring one with me just in case.
    BTW, I have a buddy from Missouri that's stationed here and brings firearms back that he purchased back home.
     
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