Question on Maryland private sales

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  • rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    AFAIK, there is nothing in Fed law that says the exchange has to be literally face-to-face, as long as it's between two residents of the same state and you've done due diligence on the buyer.

    MD law is concerned only with regulated arms, unregulated long arms fall under Fed law.

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.
    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    You can not legally ship a gun to anywhere but an FFL. You could not even ship it to your beach house in the same state. The only time a gun can be shipped to a non-FFL is a return from a manufacturer... for the most part...
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    Questions 7,8,9 from here:
    http://www.atf.gov/firearms/faq/unlicensed-persons.html

    Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

    A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

    [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

    Q: May a nonlicensee ship a firearm by common or contract carrier?

    A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

    [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

    Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,275
    In a House
    Don't listen to hearsay, consult the manual. Knowledge is power. See USPS Domestic Mail Manual (DMM) Section 601.12.1 through 601.12.3. You CAN mail firearms but there are conditions. Rifles are less restricted than handguns. I was a Postal employee for many years and wore various hats within the Service during that time. Several of those assignments required using the DMM daily to determine mailability and regulations issues so I am not talking out my behind.

    http://pe.usps.com/text/dmm300/601.htm#1198527
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,275
    In a House
    You can not legally ship a gun to anywhere but an FFL. You could not even ship it to your beach house in the same state. The only time a gun can be shipped to a non-FFL is a return from a manufacturer... for the most part...

    This is not accurate.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,332
    And then you also have the difference between what is allowed by law , and what the package shipping companies care to do in their internal policies.
     

    miben

    Active Member
    Sep 29, 2007
    444
    NC formerly Eldersburg MD
    You can not legally ship a gun to anywhere but an FFL. You could not even ship it to your beach house in the same state. The only time a gun can be shipped to a non-FFL is a return from a manufacturer... for the most part...

    Was this based on some other information? I am curious because of the beach house reference. Residents can sell long guns to residents of the same state. Shipping is not prohibited by federal law for long guns.
     

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