C&R legal question

[mikec]

Person in state A has a C&R and he wants to sell a C&R rifle to a person, not a C&R holder, who is a resident of state B, but currently visiting in state A.

Legal or do standard sale between residents of two different states laws come into effect?

 

[eruby]

Person in state A has a C&R and he wants to sell a C&R rifle to a person, not a C&R holder, who is a resident of state B, but currently visiting in state A.

Legal or do standard sale between residents of two different states laws come into effect?

No go, must use an FFL since B has no C&R.

 

[mikec]

I thought so. An idiot on another forum thinks such a transaction is legal.

 

[kalister1]

http://www.atf.gov/firearms/faq/curios-relics.html#out-of-state-sale

Wrong, the sale is legal.

Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) The purchaser meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

[27 CFR 478.96 (c)(1)]

 

[eruby]

I stand corrected.

Mea culpa.

Well done kalister1!

 

[mikec]

Thanks.

 

[kalister1]

I keep that page on my favorites bar

 

[Lou45]

http://www.atf.gov/firearms/faq/curios-relics.html#out-of-state-sale

Wrong, the sale is legal.

Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) The purchaser meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

[27 CFR 478.96 (c)(1)]

Good job kalister1.

 

[marko12]

Good job kalister1. X 2 !

 

[yellowsled]

http://www.atf.gov/firearms/faq/curios-relics.html#out-of-state-sale

Wrong, the sale is legal.

Q: Can a licensed collector sell a curio or relic shotgun or rifle to a nonlicensed resident of another State?
Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another State so long as 1) The purchaser meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.
[27 CFR 478.96 (c)(1)]

This is C&R law that was quoted, Does MD law allow it?

 

[Half-cocked]

This is C&R law that was quoted, Does MD law allow it?

Interstate firearm transactions are federally regulated, so I think only a prohibition on ownership within the recipient's state would nix the transaction. Only those pistols listed as "assault pistols" by Maryland are prohibited in the state (except, I believe, by people who grandfathered them in.). Sales going out of Maryland, would depend on the legality of ownership in that state (and local jurisdiction).

 

[kalister1]

The law quoted only covers Long guns, it does not reference Pistols.
Remember that a C&R is an FFL-03, so when the law says a licensed individual the C&R counts.

 

[warehouse]

Only if State B is Adjoining

Only if state B is adjoining Maryland:

Maryland: Residents of Maryland can purchase non-regulated (shotguns and
non-assault style rifles) long guns in the states of
Pennsylvania, Virginia, Delaware and West Virginia.

Residents of PA, VA, DE and WV can purchase non-regulated
long guns in Maryland.
(MD Code 5-204:5-123;124)

Person in state A has a C&R and he wants to sell a C&R rifle to a person, not a C&R holder, who is a resident of state B, but currently visiting in state A.

Legal or do standard sale between residents of two different states laws come into effect?

 

[zoostation]

Interstate firearm transactions are federally regulated, so I think only a prohibition on ownership within the recipient's state would nix the transaction. Only those pistols listed as "assault pistols" by Maryland are prohibited in the state (except, I believe, by people who grandfathered them in.). Sales going out of Maryland, would depend on the legality of ownership in that state (and local jurisdiction).

Adherence to home state firearm regulations during a purchase is actually written into federal law. There's a section of the GCA that requires you to comply with your own state's regulations when buying a firearm out of state.

That's the reason a MD resident can't buy a MD regulated long gun out of state to bypass the MSP ppw/7-day wait for instance, or why an Illinois resident can't go to buy a long gun in Indiana without his FOID.

 

[zoostation]

Only if state B is adjoining Maryland:

Maryland: Residents of Maryland can purchase non-regulated (shotguns and
non-assault style rifles) long guns in the states of
Pennsylvania, Virginia, Delaware and West Virginia.

Residents of PA, VA, DE and WV can purchase non-regulated
long guns in Maryland.
(MD Code 5-204:5-123;124)

No, this is incorrect. The law you quote merely states you can purchase in those adjoining states. It does not prohibit you from purchasing in others.

I know it sounds odd. It helps to understand the background behind that section for this to make sense. That section was written before FOPA was passed in 1986, when a state had to specifically list in law any other states where one of its residents could buy a long gun. It has since become obsolete but has never been taken off the books.

PS-IANAL!

 

[warehouse]

Quick reference from the ATF:

http://www.atf.gov/publications/download/p/atf-p-5300-5-2011/atf-5300-5-maryland-2011.pdf