Don't bother with Gunslinger's in Berryville, VA

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  • Abulg1972

    Ultimate Member
    So I was told by a shop one time that they wouldn't honor my FFL03 C&R because they couldn't verify it like other FFLs via the ATF online eZCheck system. Like they were afraid of someone giving them a doctored up C&R FFL. Kinda made sense.... here is the link he was referring to I believe.... https://www.atfonline.gov/fflezcheck/

    So, recently, I purchased an Ortgies from an 06 through Gunbroker. I asked him before I bid whether he would accept a type 03 FFL. He said yes, he would honor all FFL types. So, I win and he e-mails me that he tried to look me up in the ATF's system and couldn't. I explained to him why - because I hold an 03 FFL and ATF's system does not include 03s. He replied, well, I called the ATF because I've never had to deal with this before, and I'm afraid this pistol will have to ship to an 01 in your state. SO, I spent about 2 hours of my day crafting a response that cited the GCA, the BATFE's regulations, included the list of C&R firearms (which listed the Ortgies) and the introductory paragraph thereof which explains the "primary benefit" of having an 03 (to ship and receive firearms through interstate commerce . . .). He was a really nice guy, and my e-mail worked, but it just goes to show you that not everyone knows what the hell we have.
     

    Abulg1972

    Ultimate Member
    If there is an exception to the federal law to buy handguns out of your state of residence please let me know. I may well be wrong and hope I am.

    I don't think there's an exception to federal law. I just think that MD laws might not be fully sync'ed with federal law.

    I'll try to contact a volume dealer in VA that I know--hopefully this week. He'll be able to tell me how it works.

    See post #19. http://www.mdshooters.com/showthread.php?t=160532 Not entirely on point, but what I was trying to get across is that when it comes to acquiring a firearm out of state, we have the same rights as a dealer in many respects; that Maryland law doesn't follow you around outside of its borders unless some provision of federal law says it does, and nothing in the GCA act says that a Maryland collector must conduct every transaction - wherever it happens - in conformity with Maryland law. From it's FAQs, it seems pretty clear to me that the BATFE believes that, at least in the case of an interstate transaction, the State law that applies is the law of the State in which the firearm is transferred. If I, an 03 holder, go to VA and purchase a C&R pistol, then that's a transaction covered by the GCA between two licensees, and that transaction is not prohibited by Section 922(a)(3). BUT, if I were to do that, I would ask the Va FFL to ship it to my house - because, why bother with the grey area? Most FFLs know that they can ship to an out of state 03, so just pay the $30 shipping and sleep at night.

    Now, I'm not suggesting that anyone get cute and take a day trip outside of the state to get around some Maryland legal requirement, but I think that there are situations where our 03 gives us an advantage over the average MDer - receiving a C&R handgun without all the State crap, for one.
     

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