Clarification about new law for long gun transfers

[boisepaw]

As always with regard to new legislation...lots of confusion. Can anyone clarify for me what I can and cannot do with my C&R FFL? I do NOT have the "regular" FFL...just the C&R.

Can I buy a C&R item...long or short...within the state with my license or does it need to go through an actual new background check?

Can I SELL a C&R item with my license or do I need to do a background check on the buyer...something I am not set up to do.

Anyone with clear answers on this?

 

[Melnic]

Look at Post 4 Link
https://www.mdshooters.com/showthread.php?t=254620

C&R FFL03 license does NOTHING within MD at a gun shop.
NEW this year with that bill, No 4473 required for FFL03 to FFL03 transfers within MD state on a C&R Item that not a regulated item (NFA, Handgun) ie C&R Long gun shotgun
BOTH buyer and seller need to be FFL03 for this exclusion in the bill SB208
Again, this affects In State of MD transfers

There are other exclusions so read the MSI write up

 

[Nickberg500]

Look at Post 4 Link
https://www.mdshooters.com/showthread.php?t=254620

C&R FFL03 license does NOTHING within MD at a gun shop.
NEW this year with that bill, No 4473 required for FFL03 to FFL03 transfers within MD state on a C&R Item that not a regulated item (NFA, Handgun) ie C&R Long gun shotgun
BOTH buyer and seller need to be FFL03 for this exclusion in the bill SB208
Again, this affects In State of MD transfers

There are other exclusions so read the MSI write up

Sounds like C&R is useless unless you find a gun on an auction site or another C&R FFL03

 

[tallen702]

C&R FFL03 license does NOTHING within MD at a gun shop.

Not necessarily true. It doesn't get you a handgun transfer without a 4473 and 77R, but it does handle non-regulated long-gun transfers from a dealer to a 03FFL without those extra hurdles. I use mine frequently, especially with auction transfers.

 

[lazarus]

Not necessarily true. It doesn't get you a handgun transfer without a 4473 and 77R, but it does handle non-regulated long-gun transfers from a dealer to a 03FFL without those extra hurdles. I use mine frequently, especially with auction transfers.

This. You can still use it at a MD gun shop (or at a show from a dealer) to purchase a C&R long gun and skip the background check.

So it isn't nothing. Saves some time.

Under the new law, an FFL-03 can buy or sell a C&R long gun to another FFL-03 without needing to go to a dealer and have them log it, do the 4473, etc.

BTW looking at the text of the law, an FFL-03 is likely exempt IN GENERAL from the background check requirements, even ignoring the specific carve out in the law. This is the specific language from the law

In this subtitle the following words have the meanings indicated.
(B) “DEALER’S LICENSE” MEANS A FEDERAL FIREARMS LICENSE.
(C) “IMMEDIATE FAMILY MEMBER” MEANS A SPOUSE, A PARENT, A
STEPPARENT, A GRANDPARENT, A STEPGRANDPARENT, AN AUNT, AN UNCLE, A
SIBLING, A STEPSIBLING, A CHILD, A STEPCHILD, A GRANDCHILD, A
STEPGRANDCHILD, A NIECE, OR A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE.
(D) “LICENSEE” MEANS A PERSON WHO HOLDS A DEALER’S LICENSE.

A dealer's license is an FFL. It DOES NOT say which kind. All FFLs are covered under that. A licensee is anyone who holds a dealer's license, which the law just defined as any FFL.

Slightly later on who the law applies to

A) THIS SECTION DOES NOT APPLY TO
(1) A SALE, RENTAL, OR TRANSFER:
(1) (I) INVOLVING A LICENSEE OR A FEDERALLY LICENSED GUN
MANUFACTURER, DEALER, OR IMPORTER;

So earlier they defined a licensee, as a person who holds a dealer's license and a dealer's license is any FFL. So anyone with an FFL, or a federally licensed gun manufacturer, dealer or importer is not required to adhere to the new long gun transfer requirements.

Of note, pretty much every other firearm law I can find for Maryland uses similar language, but it defines a licensee as someone holding a dealer's license and a dealer's license as a person who holds a federal gun manufacturer, dealer or importer's license. So most other laws are explicit than an FFL-03 is not considered a license under MD law. This one under definitions is lumping an FFL-03 under all other FFLs.

Now, I will NOT be the one to test this on going and buying modern long guns from joe rando on the street with my FFL-03. I am simply stating, it appears like the law unintentionally has a loop hole where FFL-03 are treated as any other FFL for the purposes of the background check law.

But you are pretty danged safe on FFL-03 to FFL-03 of a C&R long gun as that is very explicit in the new law (too bad they didn't add in to the exemption in the law, C&R handguns to/from an FFL of any type).

 

[ohen cepel]

If I read the Immediate Family part above correctly, an adopted child would not be "family" as they are not included by blood or marriage.

Of course, md laws are horribly written.

 

[Melnic]

Not necessarily true. It doesn't get you a handgun transfer without a 4473 and 77R, but it does handle non-regulated long-gun transfers from a dealer to a 03FFL without those extra hurdles. I use mine frequently, especially with auction transfers.

Who will do that cause I have YET to have any FFL accept for a long gun purchase in state it to the point I gave up presenting it.
I have not done an auction yet

 

[Deep Thought]

If I read the Immediate Family part above correctly, an adopted child would not be "family" as they are not included by blood or marriage.

Of course, md laws are horribly written.

Luckily, I think that case is covered.. Notwithstanding your point about blood/marriage being confusing.

(C) “IMMEDIATE FAMILY MEMBER” MEANS A SPOUSE, A PARENT, A
STEPPARENT, A GRANDPARENT, A STEPGRANDPARENT, AN AUNT, AN UNCLE, A
SIBLING, A STEPSIBLING, A CHILD, A STEPCHILD, A GRANDCHILD, A
STEPGRANDCHILD, A NIECE, OR A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE.

 

[Bob A]

It would probably be a good idea for this thread to disappear, at least until the GA session ends in April.

 

[Allen65]

It would probably be a good idea for this thread to disappear, at least until the GA session ends in April.

I'm worried less about that than I am about what MSP will do when they write the COMAR regulatory sections to implement the law. They can make administrative changes to the wording, that then become the regulatory implementation. Remember the HQL training live fire requirement that got added to COMAR by MSP that wasn't in FSA2013 as passed? that's the sort of stuff that can be done to us.