Selling my personally owned guns

[F8L_Funnel]

I have been searching for an answer to my question with no luck so I hope someone here can cite law or point me in the right direction:

I was told that as a gun owner, I can only sell ONE (1) of my owned guns per calendar year. Is there any truth to that? I do understand that if I were to sell a regulated firearm that I own then it would need to be done at a MSP or FFL, but I'm keeping that one! This is primarily in reference to shotguns and Bolt Action rifles.

Thank you for any input!!

 

[gmhowell]

Find whoever told you that, and use one of these to help correct them:

 

[Boonie Hat]

I don't know who told you this but they are very, very wrong. You could sell them all at once if you wanted too

 

[Biggfoot44]

No.
Yes.

Anything Interesting ?

 

[Biggfoot44]

The closest that there *Used to Be * to that dated to when FFLs were available w/o having to show business licenses , zoning , etc .

The "fear" of MSP was that so-called "kitchen table FFLs " would order handguns with FFL , sell to themselves on 4473 , then do a private sale of it.

MSP rather freely maid it known that while it was technically legal , if it were to happen more often than the proverbal once/ year , they would feel unamused , and very likely bring charges for being a Pistol and Revolver Dealer without a Maryland Pistol and Revolver Dealers License .

What with no more private sales of regulated weapons , and the massive reduction in FFLs , the topic is now moot. And wouldn't have applied in the OP's situation. I just felt lIke whipping out some obscure trivia this morning.

 

[Brooklyn]

I have been searching for an answer to my question with no luck so I hope someone here can cite law or point me in the right direction:

I was told that as a gun owner, I can only sell ONE (1) of my owned guns per calendar year. Is there any truth to that? I do understand that if I were to sell a regulated firearm that I own then it would need to be done at a MSP or FFL, but I'm keeping that one! This is primarily in reference to shotguns and Bolt Action rifles.

Thank you for any input!!

Short answer no.

Long answer if you are not using an ffl for the transfers, and you make a profit or sell what the aft thinks is too often, you may get into a bit of an issue about conducting a firearms business without a Lic.

It is vague, but 1 a year , no the trigger is higher than that. ... I have no idea what that might be.


Ianal. If you even think you need more info then you also need a lawyer.

 

[ddeanjohnson]

I have been searching for an answer to my question with no luck so I hope someone here can cite law or point me in the right direction:

I was told that as a gun owner, I can only sell ONE (1) of my owned guns per calendar year. Is there any truth to that? I do understand that if I were to sell a regulated firearm that I own then it would need to be done at a MSP or FFL, but I'm keeping that one! This is primarily in reference to shotguns and Bolt Action rifles.

Thank you for any input!!

I will assume that you are a Maryland resident, and I will take the question to refer entirely to non-regulated long guns. If these are your personally owned firearms and you are just disposing of them, you can sell them to persons who are not disqualified from owning firearms. Personally, I would have each buyer sign a statement that he is not disqualified under state or federal law from possessing firearms, and make a copy of his government-issued photo identification. I am not a lawyer and that is not legal advice, but that would be my practice. If a potential buyer objects to signing the statement or allowing you to keep a copy of his government-issued identification, find another buyer.

If you began to repetitively buy additional long guns and then re-sell them, on a regular basis, at some point that activity might come under scrutiny from the ATF as acting as an unlicensed dealer. There is not a bright line, as far as I know, on how many transactions within a given time period with bother them. It doesn't sound like this is what you have in mind, so delving further into that subject is probably of no use to you.

 

[Pinecone]

Also, if you buy and resell on a frequent basis (not keeping the firearms), you may be under scrutiny for doing straw man purchases.

 

[dist1646]

There is no reason why you can not sell your personal property. Non regulated long guns as you describe can be sold face to face. When I buy like this, I have no problem doing a bill of sale and would recommend that you execute a bill of sale. This is a measure of protection to both seller and buyer. I would have the buyer show you a valid photo ID such as their drivers license in order to confirm that they are who they say they are and to prove that they are a resident of the same state. I have no issues with showing my ID and do so even without being asked. I would walk away from a sale if a non licensed individual insisted on having a copy of my ID simply because of the potential problems with identity theft. There is nothing that requires you to keep a copy of someone's ID for private sales.

 

[ddeanjohnson]

I would walk away from a sale if a non licensed individual insisted on having a copy of my ID simply because of the potential problems with identity theft. There is nothing that requires you to keep a copy of someone's ID for private sales.

I agree that it is not required. I think it is prudent, however. I am happy to provide the buyer with a copy of my photo ID, too. I think that there is no information on the photo ID that is particularly useful for identity theft -- it is information that is available in public record sources -- and anyway, we show these licenses to all sorts of unlicensed individuals all the time to cash checks and so forth, and allow people to copy the Soundex numbers or DOB for such purposes. What is the difference?

I am not suggesting that the parties exchange social security numbers or anything like that.

 

[dist1646]

I agree that it is not required. I think it is prudent, however. I am happy to provide the buyer with a copy of my photo ID, too. I think that there is no information on the photo ID that is particularly useful for identity theft -- it is information that is available in public record sources -- and anyway, we show these licenses to all sorts of unlicensed individuals all the time to cash checks and so forth, and allow people to copy the Soundex numbers or DOB for such purposes. What is the difference?

I am not suggesting that the parties exchange social security numbers or anything like that.

Possibly so but it is amazing how much information you can find with a simple set of numbers from an ID. If it fits your comfort level that's fine, I just don't feel comfortable doing so.

 

[ddeanjohnson]

It may be of interest to note, in passing, that the Manchin-Toomey Amendment, currently pending in the U.S. Senate as a proposed amendment to the main gun-control bill (S. 649), would subject private transfers of long guns between two Maryland residents, conducted within the state, to a federal background check requirement, if the transfer were made "at a gun show or event, on the curtilage thereof; or . . . pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm." [italics added for emphasis] As far as I can tell, "publication" is not defined.

 

[sykesville]

You can probably sell them all at once at a "Gun Buy-Back" - and, you might get grocery store gift cards in the amount of $25 for each gun!

 

[F8L_Funnel]

Thank you all for the input! That's why I asked here. I believe strongly in C-Y-A so with any transactions, I will insist that they are conducted at an FFL so I can be officially disassociated with anything should I decide to sell.

Thanks Again!

 

[Luigi]

Thank you all for the input! That's why I asked here. I believe strongly in C-Y-A so with any transactions, I will insist that they are conducted at an FFL so I can be officially disassociated with anything should I decide to sell.

Thanks Again!

An FFL is not going to transfer a bolt action or shotgun, and no one will want to wait 60 days for it. You can sell these face to face to Maryland residents as long as they are not prohibited.

 

[F8L_Funnel]

These should be cash and carry. You fill out the form, affirming you can legally own a gun, sign and date. Good to go. There wouldn't be a wait... as far as I know.

 

[Dave MP]

So,
What's for sale?

 

[ShallNotInfringe]

An FFL is not going to transfer a bolt action or shotgun, and no one will want to wait 60 days for it. You can sell these face to face to Maryland residents as long as they are not prohibited.

This is an interesting discussion. Hope you don't mind me jumping in with a related question that I have been wondering

Can you do a FTF, non-regulated sale at the state police barracks ( with the police peripherally involved)? Seems like nefarious people wouldn't want to do that, but law abiding people would be fine with it.

*** Just because you don't take an interest in politics doesn't mean politics won't have an interest in you. ***

 

[Biggfoot44]

Do you mean like figuring that you would be unlikely to be robbed in the parking lot of a Barracks ? Or that all involved should go in and sequentially become Volentary Registrants , essentially negating the process of conducting a private sale ?

 

[ShallNotInfringe]

Do you mean like figuring that you would be unlikely to be robbed in the parking lot of a Barracks ? Or that all involved should go in and sequentially become Volentary Registrants , essentially negating the process of conducting a private sale ?

A. Am thinking it's a "safe" place to do a transfer with no fees.