MD Resident buying a handgun from out of state resident (Private Sale)

[kraftyone]

To be fair to my fellow board members none of them A: want to see you mess up and land yourself in jail and B: are always suspicious of new people asking the type of question you led off with far too many trolls roll through here either looking for fights or headline worthy quotes


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[TheAmericanPlumber]

To be fair to my fellow board members none of them A: want to see you mess up and land yourself in jail and B: are always suspicious of new people asking the type of question you led off with far too many trolls roll through here either looking for fights or headline worthy quotes


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Ok I know and I am grateful for the help and I can see that with new members. Completely understandable, my question could seem like a troll or media trying to get a headline or something but I hope I didn't cause anyone to get angry or anything. Just an honest hard working guy trying to save some money on legally purchasing my first handgun.


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[rseymorejr]

And i had my Friend buy it as soon as he saw the price since he lives there and I only work in that area once a week

This is where you hit a snag

 

[TheAmericanPlumber]

This is where you hit a snag

Yeah I can see that wording was kinda bad. Since when I said I had him buy it i should of clarified and out right not used the word buy.

What I should of said was I had him order one. As in he has not paid for it yet but he had the shop ask for one to be stocked so someone could purchase it.


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[rseymorejr]

Yeah I can see that wording was kinda bad. Since when I said I had him buy it i should of clarified and out right not used the word buy.

What I should of said was I had him order one. As in he has not paid for it yet but he had the shop ask for one to be stocked so someone could purchase it.


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That sounds perfectly legal and above board.

 

[kraftyone]

Yeah I can see that wording was kinda bad. Since when I said I had him buy it i should of clarified and out right not used the word buy.

What I should of said was I had him order one. As in he has not paid for it yet but he had the shop ask for one to be stocked so someone could purchase it.


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That would have gone over much better


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[TheAmericanPlumber]

That sounds perfectly legal and above board.

That would have gone over much better


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Yeah I guess I should of paid attention to my wording.

But if he goes and purchases it when it comes in with the intention to flip it and make a couple bucks. Is that legal?


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[CMOS]

It was a close call at the Supreme Court, in a 5-4 decision finding that it was a straw purchase.

In this section below, the Court distinguished between a straw purchase and a resale (flip, sale as a used gun, etc):

"But Abramski and the dissent draw the wrong conclusion
from their observations about resales and gifts. Yes,
Congress decided to regulate dealers’ sales, while leaving
the secondary market for guns largely untouched. As we
noted in Huddleston, Congress chose to make the dealer
the “principal agent of federal enforcement” in “restricting
[criminals’] access to firearms.” 415 U. S., at 824. And
yes, that choice (like pretty much everything Congress
does) was surely a result of compromise. But no, straw
arrangements are not a part of the secondary market,
separate and apart from the dealer’s sale."

See p.16 at https://www.supremecourt.gov/opinions/13pdf/12-1493_5468.pdf

 

[Pinecone]

In all reality how would anyone be able to tell if the gun in DE has intent to flip it and make a profit. He bought it to flip it and make a profit and heard his friend in a different state was looking for a gun so he ups the price he bought it for yet still underpriced based on what the guy in MD can get locally and sells it to him through a MD FFL the very next day. I still don't see how that is any different from my situation. Regardless I will probably be purchasing the gun myself in DE and having it shipped to my local FFL anyway because the Gun Shop I go to said for the transfer to take place for them the seller would have to overnight the gun to the store and not bring it in person. So that alone makes the money saving not worth the price of shipping overnight.

Maybe because the buyer posted on AN OPEN FORUM, that the pistol was purchase for sale.


As has been pointed out by several people, what you are doing is illegal. Believe them or not. No amount of arguing will make it legal.

The difference is, if the firearm is purchased SPECIFICALLY TO SELL. That is different from buying it, then later deciding to sell it, for whatever reason.

 

[Pinecone]

Then stated by the other poster where purchasing the firearm with the intent to flip it is actually a straw purchase but many state that that would be legal to do. There is no difference but one is legal and the other is a straw purchase


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State laws don't apply.

This is a FEDERAL offense.

 

[TheAmericanPlumber]

Maybe because the buyer posted on AN OPEN FORUM, that the pistol was purchase for sale.





As has been pointed out by several people, what you are doing is illegal. Believe them or not. No amount of arguing will make it legal.



The difference is, if the firearm is purchased SPECIFICALLY TO SELL. That is different from buying it, then later deciding to sell it, for whatever reason.

I would disagree based on the court case above. As well as the fact that many people purchase guns with the direct intent to flip the gun. Especially during gun control scares or rare guns someone will purchase a gun with the sole reason of flipping it. So how is that legal but my friend in DE flipping it to make a profit on me illegal. I have given him no payment and if he purchased the gun it will be for him.


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[TheAmericanPlumber]

Maybe because the buyer posted on AN OPEN FORUM, that the pistol was purchase for sale.





As has been pointed out by several people, what you are doing is illegal. Believe them or not. No amount of arguing will make it legal.



The difference is, if the firearm is purchased SPECIFICALLY TO SELL. That is different from buying it, then later deciding to sell it, for whatever reason.

As well as the fact he has not
Purchased it yet


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[rseymorejr]

I would disagree based on the court case above. As well as the fact that many people purchase guns with the direct intent to flip the gun. Especially during gun control scares or rare guns someone will purchase a gun with the sole reason of flipping it. So how is that legal but my friend in DE flipping it to make a profit on me illegal. I have given him no payment and if he purchased the gun it will be for him.


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Maybe the difference is when someone buys with the intention of reselling it later there is not already a buyer lined up?

I really don't know. I am not a lawyer and I don't want to have to hire one!

 

[Biggfoot44]

The passage quoted by Rseymorejr in Post #63 seems clear and unambiguous on its face . Subsequent "clarifications" seem to be fishing to tell us what you think we want to hear .

We don't know you in real life, nor able to influence your actions.

My * Recomendations * to you would include :

1. Retain real Lawyer, have him or her give you written advice of council .

2. There are a plethora of entirely servicable pistols for the same price as that discounted Glock or less. Buy one of them through conventional channels.

3. If you just gotsta have that model of Glock , convince yourself its worth it, brown bag your lunch for a pay period, and purchase it through conventional channels.

 

[TheAmericanPlumber]

State laws don't apply.



This is a FEDERAL offense.

No where do I bring up state laws


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[TheAmericanPlumber]

Maybe the difference is when someone buys with the intention of reselling it later there is not already a buyer lined up?



I really don't know. I am not a lawyer and I don't want to have to hire one!

That is a good point


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[TheAmericanPlumber]

The passage quoted by Rseymorejr in Post #63 seems clear and unambiguous on its face . Subsequent "clarifications" seem to be fishing to tell us what you think we want to hear .

We don't know you in real life, nor able to influence your actions.

My * Recomendations * to you would include :

1. Retain real Lawyer, have him or her give you written advice of council .

2. There are a plethora of entirely servicable pistols for the same price as that discounted Glock or less. Buy one of them through conventional channels.

3. If you just gotsta have that model of Glock , convince yourself its worth it, brown bag your lunch for a pay period, and purchase it through conventional channels.

And like I have stated in a earlier post my friend only asked the model be stocked so like I already said I am just going to go to the store in DE and purchase it myself

Thanks for the advise though


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[71Chevelle427]

And like I have stated in a earlier post my friend only asked the model be stocked so like I already said I am just going to go to the store in DE and purchase it myself

Thanks for the advise though

I don't have a dog in this fight, nor do I care who does or doesn't go to jail, but that is not what you said....

It's new. Not sure how he is getting it that low prices but he is. And i had my
Friend buy it as soon as he saw the price since he lives there and I only work in that area once a week

 

[TheAmericanPlumber]

I don't have a dog in this fight, nor do I care who does or doesn't go to jail, but that is not what you said....

Yeah I can see that wording was kinda bad. Since when I said I had him buy it i should of clarified and out right not used the word buy.

What I should of said was I had him order one. As in he has not paid for it yet but he had the shop ask for one to be stocked so someone could purchase it.


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And if you read the thread you would see where I admitted I used horrible wording and cleared up the situation.


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[Mark75H]

Its a good thing you cleared it all up. Things seem much better now.