Stupid quest @ buying online, ship to PA, bring back to MD

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  • rangerone314

    Member
    Jan 8, 2012
    37
    Harford County
    Is it legal to buy an AK online, have it shipped to an FFL dealer in PA, pick it up there, and bring it back to Maryland?

    I've tried looking for the relevant laws online...

    The reason I ask is because so many of the AK's sold online come with 30-rnd mag & some will not alter the shipment to leave out the 30-rnd & thus can't ship to MD.
     

    spclopr8tr

    Whatchalookinat?
    Apr 20, 2013
    1,793
    TN
    Is it legal to buy an AK online, have it shipped to an FFL dealer in PA, pick it up there, and bring it back to Maryland?

    I've tried looking for the relevant laws online...

    The reason I ask is because so many of the AK's sold online come with 30-rnd mag & some will not alter the shipment to leave out the 30-rnd & thus can't ship to MD.

    Negative. Not legal. Federal firearms law prevents sales to out of state residents of regulated firearms without passing through an FFL in the purchaser's state of residence.

    From the ATF web site:
    Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

    Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

    [18 U.S.C. 922(b)(3)]
    http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-resident

    It may be legal in PA to sell AK OTC, but it is not legal in MD to bring it back. You might never get caught, but do you want to risk it?

    If the magazine is the stumbling block, see if they will ship it to another state where you have relative that can receive it.
     

    rwbow1969

    Get Wiffit
    Dec 10, 2011
    4,154
    Clearspring
    Is it legal to buy an AK online? Yes

    have it shipped to an FFL dealer in PA? Yes

    pick it up there, and bring it back to Maryland? NO, NO and NO

    You could have the PA dealer ship it to your FFL in MD at your cost minus the 30rd. mag. Why you would want to do that though, I don't know.

    I would just look for another place to buy if they won't ship without the mag.
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    They are legal here, (for now), why not just have it shipped to a MD FFL?
     

    ivwarrior

    Active Member
    Jul 20, 2010
    282
    Negative. Not legal. Federal firearms law prevents sales to out of state residents of regulated firearms without passing through an FFL in the purchaser's state of residence.

    From the ATF web site:
    Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

    Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

    [18 U.S.C. 922(b)(3)]
    http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-resident

    It may be legal in PA to sell AK OTC, but it is not legal in MD to bring it back. You might never get caught, but do you want to risk it?

    If the magazine is the stumbling block, see if they will ship it to another state where you have relative that can receive it.

    I bolded the important part of your quote. An AK is a rifle. Under federal law, it's legal to buy one from an FFL in any state. The rifle is legal in PA, so you're fine on that part. Is there something specific under MD law that would prevent sale? I'll admit I don't know MD laws, which is why I'm asking. I'm sure the PA FFL would be happy to keep and resell the 30 round mag, if that's the stumbling block.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,232
    Carroll County
    If it was a Marlin 336 or a Ruger 10/22 it would be okay. Marylanders can buy those in Pennsylvania.

    But the AK is "Regulated" in Maryland.

    An out of state sale must follow the law of BOTH states. It requires the additional Maryland form 77r etc, additional background checks, and the 180 day waiting period. A PA dealer can't do a Maryland Regulated sale.

    The AK would have to be shipped to a Maryland dealer.
     

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