Handgun Transfer Question

[Walter]

Edit: My question has been answered, thanks

 

[Inigoes]

You will have to wait until you're 21.

http://www.mdshooters.com/showthread.php?t=42810

 

[Inigoes]

PURCHASE

No permit is required to purchase a rifle or shotgun but no firearm or ammunition may be sold to any minor under the age of 18 without express parental consent.

A person may not purchase more than one regulated firearm (defined as any handgun or assault weapon as defined in this section) in a 30-day period. The provisions of this subsection do not apply to: (1) a private security company licensed to do business within the State, (2) the purchase of antique firearms as defined under Maryland law, (3) purchases by a licensed firearms dealer; (4) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement, (5) or a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately if the person provides the licensed regulated firearm dealer with a copy of the official police report which contained the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date which the loss or theft was reported to the law enforcement agency. A person who is not a regulated firearms dealer may not sell, rent, transfer, or purchase any regulated firearm without going through a regulated firearms dealer.

It is unlawful for any person to sell or transfer a handgun to any person whom he knows or has reasonable cause to believe is prohibited from possessing a handgun (see "POSSESSION" above) or if the buyer or transferee is:

a. Of unsound mind
b. Visibility under the influence of alcohol or drugs.
c. Under 21.

Purchase of a handgun or "assault weapon" from a dealer is subject to disapproval by the Maryland State Police during a seven-day waiting period.

The buyer must complete an application form which is sent by the dealer to the State Police for investigation. The applicant is required to provide information regarding his eligibility to purchase or possess a handgun, and a description (including a serial number) of the handgun being purchased. Fingerprints are not required. There is a $10 fee.

The application may be disapproved only if the purchaser is ineligible or if the information supplied is false or incomplete. If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser.2 In no case, however, may the handgun be delivered before seven days, even if the application is approved earlier.

A person whose application is denied may request a hearing within 30 days before the Secretary of State Police, who must hold such hearings within 15 days. At the hearing, and in any subsequent court review, the decision generally will be sustained unless it is shown to have been "arbitrary and capricious."

A person may not manufacture, sell or offer for sale a handgun manufactured after January 1, 1985, that is not included on a Handgun Roster of approved handguns, which roster is compiled by a Board composed of nine members appointed by the Governor for a term of four years. Any person who manufactures a handgun for distribution or sale or who sells or offers for a sale a handgun in violation of this section shall be guilty of a misdemeanor and shall be fined not more than $10,000 (manufacture for sale) or $2,500 (offer for sale).

Such Board is to compile a roster of permitted handguns based upon their usefulness for legitimate sporting, self-protection, or law-enforcement purposes. Such roster will be published semi-annually. A person may petition the Board to place handgun on the roster, but the burden of proof is upon that person that such handgun should be placed on the roster. The Board shall, within 45 days of receipt of the petition, deny or approve such petition. However, if the Board fails to deny or approve the petition within 45 days, the petition shall be considered denied. A petitioner may request a hearing within 15 days from the date of denial. The petitioner shall have the burden of proving that the handgun is useful for legitimate sporting, law-enforcement or self-protection purposes. A person who displays a regulated firearm for sale or transfer from a table or fixed display at a gun who shall first obtain a temporary transfer permit from the Secretary of State Police. A criminal history and background check shall be conducted. If there is no reason to discuss the application, the Secretary shall issue the permit within seven days of the date of application. The cost of an initial temporary transfer permit during the same calendar year is $10.00; an additional temporary transfer permit during the same calendar year shall be issued without charge. A person may not receive more than five temporary transfer permits during a calendar year. Any person who holds a valid pistol and revolver dealer's license under § 443 of the Maryland Annotated Code is exempt from the above requirements.

http://www.mcsm.org/mdlaw.html

 

[Biggie313]

*cough.. straw purchase.. cough* not until your 21, and you are better off getting the cash from him and putting it directly in your name... when you're 21

"A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves. This term can be applied to any such purchase, but it is most widely used in relation to the sale of fire arms, especially in United States"

"In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor."

 

[Inigoes]

Now it is completely legal for your grandfather to purchase the handgun now, allowing you to use the pistol under his supervision

When you are 21, and still like the handgun so much, that your grandfather gifts it to you is an entirely different matter

 

[Walter]

Now it is completely legal for your grandfather to purchase the handgun now, allowing you to use the pistol under his supervision

When you are 21, and still like the handgun so much, that your grandfather gifts it to you is an entirely different matter

Thanks for the info and links. That's what I needed to clarify

*cough.. straw purchase.. cough* not until your 21, and you are better off getting the cash from him and putting it directly in your name... when you're 21

"A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves. This term can be applied to any such purchase, but it is most widely used in relation to the sale of fire arms, especially in United States"

"In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor."

That was my mistake. I checked out the website Inigoe pulled his information from before I made this post, but I skipped over the part he posted. This below was all that I read:

POSSESSION


No permit is required to possess a rifle or shotgun.
Possession of a handgun is prohibited by any person who:

a. Has been convicted for a crime of violence.
b. Has been convicted of a violation of the Maryland Pistol Law.
c. Is a fugitive from justice.
d. Is a habitual drunkard.
e. Is an addict or habitual user of narcotics, barbiturates or amphetamines.
f. Suffers from a mental disorder and has a history of violate behavior or has been confined for more than 30 consecutive days to a mental facility unless the person possesses a physician's certificate stating that the person is capable of possessing a pistol or revolver without undue danger to the person or others. Such a person is also prohibited from possessing a rifle or shotgun, unless the person possesses an above described physician's certificate.


My fault for skipping over the section below that, which clarified what I was asking

 

[mikec]

*cough.. straw purchase.. cough*

I wouldn't immediately call it a straw purchase. He was asking how can this be done legally. Even if the OP was over 21 our response would be that you can't just give a regulated gun to another person, a 77R form must be completed and the transfer done at a MSP barracks or a dealer.

Walter, if your grandfather would rather buy you a long arm that is 18 yr old legal, both of you should go to the gun shop with ID and tell the shop owner what is going on. It is legal for your grandfather to buy a longarm with the intent of giving it to you.

1. For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment). You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party.
ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for
Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no “ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a.

Check a 4473 for the above info.

Standard disclaimer, I am not a lawyer, check with the ATF if you desire.

 

[Walter]

I wouldn't immediately call it a straw purchase. He was asking how can this be done legally. Even if the OP was over 21 our response would be that you can't just give a regulated gun to another person, a 77R form must be completed and the transfer done at a MSP barracks or a dealer.

Walter, if your grandfather would rather buy you a long arm that is 18 yr old legal, both of you should go to the gun shop with ID and tell the shop owner what is going on. It is legal for your grandfather to buy a longarm with the intent of giving it to you.




Check a 4473 for the above info.

Standard disclaimer, I am not a lawyer, check with the ATF if you desire.

Thanks, Mike. I checked out the 4473 form and it is just as you said.

And you are also right. I wanted advise on how to legally obtain the handgun. If I wanted to get one illegally I wouldn't even be here