Shotgun Purchase From Individual in Virginia

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  • r100rsman

    Active Member
    Mar 9, 2017
    111
    Olney
    I am a Maryland resident and found for sale a shotgun (12 gauge O/U) owned by a Virginia resident and I would like to purchase it from him. He is willing to bring to Maryland or I can going across the bridge and buy it in Va.

    Do we have to use a FFL to do the transaction?
     

    shrinkwrap

    Active Member
    MDS Supporter
    Apr 30, 2012
    145
    MoCo
    Hopefully you are enjoying your purchase. Alas, for future reference, I believe that for long guns such as you describe, no FFL is needed. You can buy a shotgun in VA for cash money, bring it to MD, and never even know the seller's name (and vice-versa).
     

    E.Shell

    Ultimate Member
    Feb 5, 2007
    10,245
    Mid-Merlind
    Hopefully you are enjoying your purchase. Alas, for future reference, I believe that for long guns such as you describe, no FFL is needed. You can buy a shotgun in VA for cash money, bring it to MD, and never even know the seller's name (and vice-versa).
    "...I believe....".
    Your belief is wrong, and this action would be a felony violation of GCA'68.
     

    shrinkwrap

    Active Member
    MDS Supporter
    Apr 30, 2012
    145
    MoCo
    I say "I believe" because I don't presume to know all the laws re: firearms purchases, but last I heard the requirement for FFL transfer across state lines applies only to handguns.

    You, however, seem quite certain. Could you please post the relevant law for clarification? Thanks!
     

    budman93

    Ultimate Member
    Mar 1, 2013
    5,267
    Frederick County
    Hopefully you are enjoying your purchase. Alas, for future reference, I believe that for long guns such as you describe, no FFL is needed. You can buy a shotgun in VA for cash money, bring it to MD, and never even know the seller's name (and vice-versa).

    I say "I believe" because I don't presume to know all the laws re: firearms purchases, but last I heard the requirement for FFL transfer across state lines applies only to handguns.

    You, however, seem quite certain. Could you please post the relevant law for clarification? Thanks!

    You are 100% wrong. ALL interstate firearms transfers must involve an ffl. The only way around it is if they are left to you by someones will.
    This is not one of the pile of nonsense laws that it would be understandable to not know or understand. This is a major one.

    2. May I lawfully transfer a firearm to a friend who resides in a different State?
    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
    who does not reside in the State where the transferee resides. Generally, for a person to lawfully
    transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
    Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
    receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
    check. More information can be obtained on the ATF website at www.atf.gov and
    http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
    prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
    example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
    provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
    intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
    inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
     

    GMCometh

    Active Member
    Jan 20, 2010
    243
    Fallston
    I say "I believe" because I don't presume to know all the laws re: firearms purchases, but last I heard the requirement for FFL transfer across state lines applies only to handguns.

    You, however, seem quite certain. Could you please post the relevant law for clarification? Thanks!

    I'm not trying to be rude here, because by no means am I an expert on all of the laws....but in the future, I would refrain from posting something you're not 100% on, especially when it is a legal matter.
     

    HiStandards

    Active Member
    Aug 1, 2017
    571
    Anne Arundel Co
    I say "I believe" because I don't presume to know all the laws re: firearms purchases, but last I heard the requirement for FFL transfer across state lines applies only to handguns.

    You, however, seem quite certain. Could you please post the relevant law for clarification? Thanks!

    Ummm, GCA '68 was posted.
    But, hey, don't stop believing.
     

    E.Shell

    Ultimate Member
    Feb 5, 2007
    10,245
    Mid-Merlind
    ...You, however, seem quite certain.
    I AM quite certain. This has been federal law since 1968, I remember when it passed.
    Could you please post the relevant law for clarification? Thanks!
    Not so much for "clarification", as you can easily see by other replies that most here are already clear on it, but for YOUR edification:
    https://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

    And the relevant concept:
    It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.

    You would not draw so much fire if you weren't stating things that would get others in trouble if they believed your advice.
     

    shrinkwrap

    Active Member
    MDS Supporter
    Apr 30, 2012
    145
    MoCo
    I checked with an FFL; you guys are right. I confused private transfer between residents of the same state with out of state transfers. I promise to never make a mistake again, ever.
     

    shadow116

    2nd Class Citizen
    Feb 28, 2008
    1,542
    Emmitsburg
    I checked with an FFL; you guys are right. I confused private transfer between residents of the same state with out of state transfers. I promise to never make a mistake again, ever.

    Yeah, making a declarative statement in which someone who follows your advice could end up in prison??? That is not going to make you any friends in here.
     

    fred2207

    Banned
    BANNED!!!
    Mar 14, 2013
    3,179
    PG
    I say "I believe" because I don't presume to know all the laws re: firearms purchases, but last I heard the requirement for FFL transfer across state lines applies only to handguns.

    You, however, seem quite certain. Could you please post the relevant law for clarification? Thanks!


    That is one law you better book mark. You need to go look this one up yourself. Don't know whom you last heard from was, but they were/are wrong.
     

    E.Shell

    Ultimate Member
    Feb 5, 2007
    10,245
    Mid-Merlind
    I checked with an FFL; you guys are right.
    :thumbsup:
    I confused private transfer between residents of the same state with out of state transfers.
    Easy mistake to make, and quickly corrected.
    I promise to never make a mistake again, ever.
    Don't be feeling sorry for yourself or whatever that statement is actually supposed to indicate to us.

    Your real "mistake" was to ignore the facts (correction and clear reference to GCA '68) and just keep talking. This is called "Asking for it.". The first thing to do when finding one's self in a hole is to stop digging.
     

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