Can I sell this handgun in Virginia and don't violate Maryland gun law?

[efeng9622]

MD also allows handguns to go through MSP for private party intrastate. That’s cheaper than an FFL, though may be less convenient.

Since I can't sale the gun to a MD resident for the magazine , I think MSP will not do that for me even I want.

 

[rbird7282]

Since I can't sale the gun to a MD resident for the magazine , I think MSP will not do that for me even I want.

You can sell the gun without the magazine to another MD resident at MSP barracks


Sent from my iPhone using Tapatalk

 

[linkstate]

There are so many options and I know the OP has had difficulty doing a consignment before.

One option that I have done is, sell the gun in MD (consignment in my case), take mags to an out of state gun show and ask the mag vendors if they are interested in a trade or cash. You won’t get top dollar but I was able to get mags I needed for the mags plus a little case for the ones I didn’t need anymore. It was worth the hit over jumping through other hoops and stay legal. But I’m lazy.

It may take a few tries but it worked out for me.

Something like a factory 915 mag, which I don’t think is made anymore, you could find somebody that wants it to resell. Mec-gar still makes them but if it’s factory, it will be a little premium.

 

[efeng9622]

Are almost all gun shops FFL dealers ? Will I have to check the FFL list when I sale the gun to him ? Is it a good idea if I require him to give me the FFL #?

 

[ken792]

Are almost all gun shops FFL dealers ? Will I have to check the FFL list when I sale the gun to him ? Is it a good idea if I require him to give me the FFL #?

All gun stores are required to be FFLs, but not all FFLs are gun stores. Call ahead and ask if they do transfers or accept guns from private individuals. Some FFLs do not do transfers for the public.

FFLs are required to display a copy of their license when conducting business. Take a picture of it or ask for a receipt if you want, but there is no requirement for you to maintain any records.

You can verify dealer/manufacturer/importer FFLs pretty quickly with ATF.

FFLeZCheck 3.1.2 - Federal Firearms License Search

Federal Firearms Listings | Bureau of Alcohol, Tobacco, Firearms and Explosives

www.atf.gov

 

[efeng9622]

All gun stores are required to be FFLs, but not all FFLs are gun stores. Call ahead and ask if they do transfers or accept guns from private individuals. Some FFLs do not do transfers for the public.

FFLs are required to display a copy of their license when conducting business. Take a picture of it or ask for a receipt if you want, but there is no requirement for you to maintain any records.

You can verify dealer/manufacturer/importer FFLs pretty quickly with ATF.

FFLeZCheck 3.1.2 - Federal Firearms License Search

Federal Firearms Listings | Bureau of Alcohol, Tobacco, Firearms and Explosives

www.atf.gov

Ken792,
I will check the web above and ask for a receipt , I keep all receipts and pictures when I sold and bought. Thanks.

 

[RRomig]

Since I can't sale the gun to a MD resident for the magazine , I think MSP will not do that for me even I want.

You can block the mag or sell it without the mag.

 

[outrider58]

You can block the mag or sell it without the mag.

I asked this up thread and never got an answer. Can Joe-schmoe block his >10 round mag and sell it with or without a gun?

 

[RRomig]

I don’t see why not. If an MDer can drive out of state and unblock a mag seems they could block one in state. I can’t tell you how many people buy mag less pistols because the seller wouldn’t ship them to MD to be blocked by an ffl. So I think the OP has more options than he thinks.

 

[Biggfoot44]

Yes , the M915 may be sold directly to a Virginia ( or most states ) FFL , to become part of store inventory .

Yes , the M915 can be ultimately sold to Virginia resident , being transferred through a Virginia FFL .

* Most * FFL will accept a firearm from a private person In Person , At Their Store .

 

[AssMan]

I believe you are supposed to go through an FFL when you and the buyer do not live in the same state. And in MD's case all handguns have to go through FFL

VA too.

 

[Phoenix_1295]

It’s correct that they cannot even place an ad in MD, but it’s because the law also specifies “offer for sale.”

This provision is sometimes not noticed/realized by folks selling magazines via the internet. It can jam them up, even if their intent was to only sell the magazines to out of state parties.

 

[efeng9622]

I brought the S & W 915 to a maryland gun dealer to ask the price if I sale it to him, he just gave me a price which is lower , but didn't refuse the 15 rounds magazine, but he said if I want him to ship this gun to other states, he only can ship the gun without the magazine, I don't understand why the dealer can't ship but still can buy , but if finally I sold the gun to him, will I have no the obligation because it was done by the dealer?

 

[Bullfrog]

If I want him to ship this gun to other states, he only can ship the gun without the magazine, I don't understand why the dealer can't ship but still can buy ,

I would guess this is because he is peforming the 'act of selling' in MD.

There are dealers in MD who will block mags prior to sale. Usually there is a minimal fee (~$10).

Find one of those dealers who also does consignment, or will buy the gun outright from you. They can then block the mag and sell it, with the seller paying the 'blocking' fee if they want the mag.

 

[efeng9622]

I would guess this is because he is peforming the 'act of selling' in MD.

There are dealers in MD who will block mags prior to sale. Usually there is a minimal fee (~$10).

Find one of those dealers who also does consignment, or will buy the gun outright from you. They can then block the mag and sell it, with the seller paying the 'blocking' fee if they want the mag.

what is "blocking " a magazine in Maryland ? can the magazine still be used ?

 

[eruby]

what is "blocking " a magazine in Maryland ? can the magazine still be used ?

'something' is put in the magazine so only 10 rounds can be loaded

Supposed to be a permanent thing (I think), but is not always the case

Yes, the can be used in Maryland

A 500 round drum can be used in Maryland, just not bought or sold here

 

[outrider58]

I don’t see why not. If an MDer can drive out of state and unblock a mag seems they could block one in state. I can’t tell you how many people buy mag less pistols because the seller wouldn’t ship them to MD to be blocked by an ffl. So I think the OP has more options than he thinks.

Thanks R.

 

[efeng9622]

'something' is put in the magazine so only 10 rounds can be loaded

Supposed to be a permanent thing (I think), but is not always the case

Yes, the can be used in Maryland

A 500 round drum can be used in Maryland, just not bought or sold here

Thanks. the magazine I am using now only can be loaded 10 rounds not 15 rounds, it maybe already is blocked.

 

[Mdeng]

Thanks. the magazine I am using now only can be loaded 10 rounds not 15 rounds, it maybe already is blocked.

Maybe I can help. Our shop is located in King George, VA. We moved out of MD to VA in 2019, we are very familiar with the Maryland Laws.

You have a few options to sell your gun.
1. List the gun here and make it clear that the magazines are not available for sale in MD. If the gun is sold to a MD resident ask them if they have a friend out of state that would want the mags. Have the buyer pay the shipping to the friend out of state.

2. Bring the gun down to our shop and sell it on consignment. We take 20% on most consignments. (We make exceptions for some customers. Some get charged more, lol).

As a point of law, ( I am not a Lawyer) as I understand it there is no reason a Maryland FFL would not be able to ship magazines over 10 rounds out of the state if they sold the gun outside Maryland. I know many Maryland based FFL's and was one for several years. If anyone disagrees please post a link showing just one prosecution and conviction for doing so.

As for blocking the magazine, I know many Maryland based FFL's that block the mags or disassemble them into parts kits. Buyers are instructed that the blocks may not be removed in Maryland. They are also instructed that the parts are for repair only and not to be constructed into complete magazines in Maryland.

If you go by the letter of the law you will find there are legal means to own, use and enjoy standard capacity magazines even in Maryland. Try not to overcomplicate the issue.

 

[Combloc]

These threads always make me shake my head in disbelief. How can people SO overcomplicate such a simple thing???

In this case, if the guy is a VA resident, just bring your pistol with magazine and meet the buyer at an FFL in VA and that FFL will walk you right through what you need to do (which is minimal and SIMPLE).

If he's a MD resident, it's equally minimal and simple. Meet the buyer at a MD FFL and do as above but DO NOT give him the magazine. Meet him across state lines and give the magazine to him. OR block the magazine so it can only hold 10 or fewer rounds and transfer the magazine with the pistol.

Period......end of story.

Just a few days ago, I brought home a stack of 25 round magazines I bought and took possession of in another state. If I had NOT educated myself about how to legally do that and just asked how to do it on here, I'd walk away thinking it was easier to obtain nuke launch codes!

Now, I all but GUARANTEE you someone will come along and either tell me I'm wrong or muddy the waters. However, I've been at this game since the 80's and I've yet to run afoul of the "law". The secret is to educate yourself and keep that self-education up to date.