Out of State C&R Transfers

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  • Bananas79

    Member
    Apr 11, 2021
    58
    Was wondering if anyone had any suggestions...

    Purchased 3 qualified C&R firearms at auction. Confirmed with Auction prior to purchase that they would do C&R transfers.

    Now that it is time to transfer, they first told me that CA and MD restricted such transfers and that the firearms had to go to 01 FFL. I informed them that was not the case, which they would not accept. So I called MSP and got an email from them verifying I was correct...

    But now auction house is telling me...oh, its not a state law, but an ATF regulation. When I told them that was not the case, they said they needed me to point them to the ATF regulation. I was quite frustrated at that point, told them I would get something from the ATF and get back to them and hung up.

    This is absurd, how could a Federal Agency make a regulation specific to a particular state... violates not only the principles of Federalism but Constitutional statute -- no?

    I am waiting for a call back from ATF.. and hoping they too will send me an email which I can forward the auction house.... Am I correct, that it would be impossible to find any ATF regulation pointing that it is OK to ship C&R to MD? Statutes & Regulations tend to be negative (what you cant do) not positive.

    Has anyone run into this issue... and know of any legal document I could reference?
     
    Have you paid them yet?
    If not, re-send the email from MSP and if they still refuse to ship directly to you, a C&R/O3 FFL, tell them you're not paying.
    The only no-no for a C&R firearm shipped to Marylandistan from out of state is the 10rd limit for magazines. The C&R does not exempt you from the law.
     

    Sundancer

    Active Member
    Feb 2, 2013
    623
    Harford County
    I think it is such a fundamental provision that it is not specifically spelled out except in such items as the old C&R list introduction. I know the CA issue is generally known and understood, but for MD, as noted above, it is limited to the 10 round mag issue and all of the sellers I have dealt with will either hold the mag and ship the firearm or will block the mag for you (rare). I usually ask before bidding as I know it is hard to prove to an unwilling seller such a fundamental concept. The only “good” thing is that they can send to an FFL01 and it will not require an HQL for transfer, but this sucks for you overall.

    https://www.atf.gov/file/2026/download

    https://www.atf.gov/qa-category/collectors


    Sent from my iPad using Tapatalk
     

    mawkie

    C&R Whisperer
    Sep 28, 2007
    4,337
    Catonsville
    This thread would benefit from knowing which 3 models of firearms are being transferred. I'm more curious to know which ATF rule is being cited by the auction house. As a federal agency they don't have authority over specific state statues.
     

    Bananas79

    Member
    Apr 11, 2021
    58
    1950 Russian SKS M45 (non-detachable mag)
    1941 German Mauser P-38
    1968 Colt 1911 .45ACP Nat Mat
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    How can you point them to something to doesn't exist? Tell them they should do THEIR research. They don't want to follow the law and ship to an FFL-03, then tell them they put them back up for auction.
     

    Bananas79

    Member
    Apr 11, 2021
    58
    Yeah - I basically told them this is BS and they are wasting my time. I did my due diligence when I called to make sure they did C&R transfers. Its on them to figure it out. Their options are a) contact MSP/ATF themselves to figure out that they are wrong, gave them contact numbers; b) Discount the purchase by the transfer costs to send to 01 FFL; c) Suck it and cancel the order
     

    TI-tick

    Ultimate Member
    BANNED!!!
    MDS Supporter
    Did they have the no MD C&R shipping included in the terms and conditions of the auction? Did you agree to abide by those terms when you entered the auction? If so then do what you agreed to. If not tell them to agree to their terms and ship to you.
     
    Jul 1, 2012
    5,711
    "1941 German Mauser P-38" would be the rarest P.38 ever made :)
    Production at Mauser didn't start until late 1942; a byf42 slide code is still pretty uncommon.
    Hopefully this all works out and you can post some pics.
     

    Zorros

    Ultimate Member
    Dec 10, 2017
    1,407
    Metropolis
    Can’t prove the negative. If the reg or law does not prohibit, then its not prohibited. Would be helpful for all who buy cr at auction to know the ID of this seller.
     

    SmokeEaterPilot

    Active Member
    Jun 3, 2011
    524
    Which ATF office did you call? I called the field office in Baltimore on a unrelated C&R issue. The director of that office called me back almost immediately on his cell phone while driving. Incredibly friendly and approachable. Told me to feel free to call him back if I needed anything further. (Trying for the life of me to remember his name).

    I’m half next time I get a seller who’s citing an ATF regulation and suggest “I’d be happy to bring up a conference call with my field office in the on the line so you can cite this regulation to them.”
     

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