MikeTF
Ultimate Member
I'm giving my son a C&R handgun. He's over 21 and meets all of the requirements to own one. I asked him to stop by the Maryland State Police barracks in Frederick to pick up an 'application to purchase or transfer a regulated firearm'.
He stops by the barracks and decides to ask a MSP officer what he needs to do to receive a handgun from me as a gift. They tell him that we both need to come in and to also bring the gun with us. I told my son that the officer is mistaken.
I can only hope that my son wasn't clear that this was a gift from a father to his son, when he talked with the officer. I think he was, but I wasn't there. Here's the code I'm following:
§ 5-136. Straw purchases.
(a) Scope of section.-
(1) This section does not apply to a person who purchases a regulated firearm as a gift if:
(i) the regulated firearm is a gift to a resident of the State; and
(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(i) complete an application to purchase or transfer a regulated firearm; and
(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3) The Secretary shall waive the $10 application fee required under § 5-118(a) (2) of this subtitle for a gift purchased in accordance with this subsection.
(b) Prohibited.- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.
He stops by the barracks and decides to ask a MSP officer what he needs to do to receive a handgun from me as a gift. They tell him that we both need to come in and to also bring the gun with us. I told my son that the officer is mistaken.
I can only hope that my son wasn't clear that this was a gift from a father to his son, when he talked with the officer. I think he was, but I wasn't there. Here's the code I'm following:
§ 5-136. Straw purchases.
(a) Scope of section.-
(1) This section does not apply to a person who purchases a regulated firearm as a gift if:
(i) the regulated firearm is a gift to a resident of the State; and
(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(i) complete an application to purchase or transfer a regulated firearm; and
(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3) The Secretary shall waive the $10 application fee required under § 5-118(a) (2) of this subtitle for a gift purchased in accordance with this subsection.
(b) Prohibited.- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.