Question Regarding Handgun Ownership

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  • CooperDog

    Member
    Oct 14, 2018
    6
    Glen Burnie
    Hello all,

    Put simply, I am a SC resident currently in MD on military orders. If buying a handgun in PA then bringing that handgun to MD, are there any tasks I need to complete? Would I still require an HQL since I am not a resident of MD but simply here on orders? Would there be a 7day hold period or would I need to register the handgun? Thank you for reading, I'm trying to do this the right way.

    Thank you.

    *The handgun in question is MD compliant
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    You must register it within 30? days. someone will be along to confirm that. you would have to be buying the handgun while still a PA resident, as you cannot purchase across state lines. There would be no need for a HQL.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    Forgive me if I get anything wrong here, because being on orders makes you a special case as far as residency goes.

    However: it is my understanding that for this purpose you can be a resident of BOTH MD and SC. Since you are NOT a resident of PA, you can't buy a handgun in PA. Well, you can, but it has to be transferred to you by an FFL in one of your states of residence. So you would buy the handgun in PA and it would then be transferred to an FFL in one of your states of residence, and you have that FFL transfer it to you.

    If you do it as a resident of MD, you are exempt from the HQL requirement because you are active duty. However you will still have to do the online Form 77R, have the 7 day wait, and the handgun will be registered to you in MD.

    Or, you could have the handgun sent to an FFL in SC and go down there and do the transfer that way.

    Again, I'm not totally up on the whole dual residency thing for servicemembers, so I may have gotten some of that wrong and someone will please correct me if I did.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    You must register it within 30? days. someone will be along to confirm that. you would have to be buying the handgun while still a PA resident, as you cannot purchase across state lines. There would be no need for a HQL.

    He's not a PA resident at all, so he can't buy a handgun in PA. It has to be transferred to an FFL in one of his states of residence.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    He's not a PA resident at all, so he can't buy a handgun in PA. It has to be transferred to an FFL in one of his states of residence.

    Oops, you are correct. I assumed he was stationed in PA currently, or at the time of purchase.
     

    hillbilly grandpa

    Active Member
    Jan 26, 2013
    962
    Arnold
    My understanding is that he CAN buy the handgun in PA but must take possession in his state of residence via an FFL-facilitated transfer. I'm assuming that the active duty service member has declared SC as his/her home of record. I think that designation is operative.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    My understanding is that he CAN buy the handgun in PA but must take possession in his state of residence via an FFL-facilitated transfer. I'm assuming that the active duty service member has declared SC as his/her home of record. I think that designation is operative.

    Yup. That's exactly what I was saying.

    He's active duty though, and I am fairly certain that active duty servicemembers can have residency in more than one state (their state of residence and the state where they are posted) for this purpose.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    A matter of semantics . Someone may go to a random state , negotiate , hand over $ or equivalent , but legally that is not the * sale * . The actual sale takes place where the buyer completes a 4473 ( plus any relevant State procedures .



    But meanwhile I am still confused as to OP's current and about to be Residency(s) .

    Does he maintain home of record in SC or ??
    Does he currently have a Residency in some State other than SC or Md ?
    ls he intending to establish Residency in Md ? Or just be here physically while under Orders ?
     

    CooperDog

    Member
    Oct 14, 2018
    6
    Glen Burnie
    Hello!
    My home of record is SC. I do not have residency in MD or PA and do not intend to. I would be completing the transfer through an FFL in PA then bringing it to MD until I am stationed elsewhere. Does this info help?
     
    Hello!
    My home of record is SC. I do not have residency in MD or PA and do not intend to. I would be completing the transfer through an FFL in PA then bringing it to MD until I am stationed elsewhere. Does this info help?

    Your military resident status covers SC (home) and MD (orders). You can buy a pistol in either state.
    If you "buy" a pistol in PA, the PA FFL will have to transfer it to a SC or MD FFL for you to do the paperwork. You cannot legally buy a handgun and take possession in PA.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    A matter of semantics . Someone may go to a random state , negotiate , hand over $ or equivalent , but legally that is not the * sale * . The actual sale takes place where the buyer completes a 4473 ( plus any relevant State procedures .


    Actually, no. The *sale* takes place at the location of the seller, when you pay the money. The *transfer* to you takes place at the FFL where you do the 4473.

    Hello!
    My home of record is SC. I do not have residency in MD or PA and do not intend to. I would be completing the transfer through an FFL in PA then bringing it to MD until I am stationed elsewhere. Does this info help?


    You can't legally do that, and no FFL would let you. For handguns, per Federal law, the transfer to you MUST take place at an FFL in your state of residence.

    For you, this means either SC (your home residence) or MD (your residence while you're stationed here). So again, you *can't* "complete the transfer" at an FFL in PA. You can *buy* the gun at an FFL in PA, but that FFL will then send it to an FFL in either MD or SC for the transfer to you. If you have it sent to MD, you will not need an HQL because you're active duty, but you will need to do a Maryland Form 77R (online) and the gun will be registered to you in MD.
     

    CooperDog

    Member
    Oct 14, 2018
    6
    Glen Burnie
    Thank you everyone for the information, you’ve all been very helpful assisting me in dealing with these gun laws... my main goal here is to purchase a CZ 75 Shadow 2. The deal I’m looking at comes with three 17rd mags and these CZ mags usually run $50ish each so by sending it to MD I’d lose the mags. Can you think of a way to avoid this loss?
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Thank you everyone for the information, you’ve all been very helpful assisting me in dealing with these gun laws... my main goal here is to purchase a CZ 75 Shadow 2. The deal I’m looking at comes with three 17rd mags and these CZ mags usually run $50ish each so by sending it to MD I’d lose the mags. Can you think of a way to avoid this loss?

    you can transfer the mags separate from the gun. in other words: buy gun + mags, take possession of mags in PA, send gun to MD FFL to do MD paperwork. 100% legal.
     
    you can transfer the mags separate from the gun. in other words: buy gun + mags, take possession of mags in PA, send gun to MD FFL to do MD paperwork. 100% legal.

    Correct. The magazines must cross into MD while in your possession. They cannot be shipped or sold here.
    Possession is legal. Sale, purchase, transfer, delivery, etc. is not legal within MD borders.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    Thank you everyone for the information, you’ve all been very helpful assisting me in dealing with these gun laws... my main goal here is to purchase a CZ 75 Shadow 2. The deal I’m looking at comes with three 17rd mags and these CZ mags usually run $50ish each so by sending it to MD I’d lose the mags. Can you think of a way to avoid this loss?

    If I understand you correctly... YOU are a SC resident... here in Maryland on Military Assignment/Duty. If so...

    Go to the FFL in PA.

    Make the deal to purchase and have the pistol shipped to an FFL of your choosing in SC. Go there and pick up the pistol. As a SC resident... purchasing in PA... MARYLAND is OUT of the deal until you choose to bring the pistol into Maryland.

    At THAT time... there are certain requirements and certain exemptions which you as a member of the US Military are going to need to consider. Check with your Command to find out what, if anything, they require of you.

    MSP Firearms Unit is your information resource for information on what you as a Non-resident Duty Military Member... may bring into the state.

    As to the purchase... Maryland has NO say-so over SC Residents buying a pistol in PA.
     

    AlBeight

    Member
    MDS Supporter
    Mar 30, 2017
    4,380
    Hampstead
    That sounds like a good idea. Do you think an FFL in PA would have a problem with me sending mags their way? Seems like an unusual request
    You used to be able to have the LGS ship your mags out of state, to say a realative or PO Box. The MSP issued a letter killing that practice, yeah , someone wrote a letter to them asking about that. Now that’s done, you’ll lose those mags unless the LGS can block them. No way around it anymore, standard capacity mags have to be purchased out of this State. Good luck.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    That sounds like a good idea. Do you think an FFL in PA would have a problem with me sending mags their way? Seems like an unusual request

    huh?

    The gun + mags are already in PA according to your OP, so why are you sending them somewhere else in PA?

    have the PA FFL with the gun set aside the mags before they ship the gun to MD FFL, then go pick them up.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    huh?

    The gun + mags are already in PA according to your OP, so why are you sending them somewhere else in PA?

    have the PA FFL with the gun set aside the mags before they ship the gun to MD FFL, then go pick them up.

    Thank you for saying it - that's what I was thinking too! :thumbsup:
     

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