Non reg firearm sale from PA res to MD res

Greg1323 · Dec 4, 2013

I am a MD resident going to buy a non regulated rifle from a resident in PA. The firearm is a cash and carry firearm in the state of MD. I keep getting mixed answers on what needs to be done to legally purchase. I have been told I need to have him ship it to a md FFL for a transfer. I have also been told that because it is a non regulated cash and carry rifle that there is no transfer required being that there is no registration on non regulated firearms, and that I should be able to buy the firearm with just a proof of purchase such as a bill of sale and nothing more. Can anyone help me out here or have been through this before??

amoebicmagician · Dec 4, 2013

it needs to be sent to a MD FFL if it is a REGULATED FIREARM. If you were both MD residents you could just do a face to face. I am pretty sure you can still do this with an out of state resident, just be sure and get his info on a bill of sale and a signature.

Oldcarjunkie · Dec 4, 2013

If you are sure it's non regulated item in MD, then just go buy it from him and bring it home. No different than going to a show in PA and buying a non regulated Mauser.

If it is a regulated item it must be shipped to a FFL and then transferred to you.

dontpanic · Dec 4, 2013

Oldcarjunkie said:
If you are sure it's non regulated item in MD, then just go buy it from him and bring it home. No different than going to a show in PA and buying a non regulated Mauser.

If it is a regulated item it must be shipped to a FFL and then transferred to you.

Out of state is FFL, no matter what. You can just take it home at the time of purchase.

Wendigo · Dec 4, 2013

Transfer between residents of different states has to go through an FFL.

You can buy a non-MD-regulated gun from an FFL in another state, at a store front or a gun show, but you can't from a private citizen even at a gun show.

rmiddle · Dec 4, 2013

Greg1323 said:
I am a MD resident going to buy a non regulated rifle from a resident in PA. The firearm is a cash and carry firearm in the state of MD. I keep getting mixed answers on what needs to be done to legally purchase. I have been told I need to have him ship it to a md FFL for a transfer. I have also been told that because it is a non regulated cash and carry rifle that there is no transfer required being that there is no registration on non regulated firearms, and that I should be able to buy the firearm with just a proof of purchase such as a bill of sale and nothing more. Can anyone help me out here or have been through this before??

You are getting some bad Advice in this thread. Under Federal Law you must both be residents of the same state to do a Face to Face sale period. If one of you is from another state it must go though an FFL.

See FAQ question #3 http://www.justice.gov/usao/ut/documents/guncard.pdf

Thanks
Robert

ivwarrior · Dec 4, 2013

Transfers across state lines must (with few, specific, limited exceptions) go through an FFL. For long guns, this can be an FFL in any state. Handguns must go through an FFL in the buyer's state of residence. In either case, the gun must be legal in the buyer's home state, and any state laws regarding registration, or owner's cards must be followed.

rico903 · Dec 19, 2013

Wendigo said:
Transfer between residents of different states has to go through an FFL.

You can buy a non-MD-regulated gun from an FFL in another state, at a store front or a gun show, but you can't from a private citizen even at a gun show.

This, but you can also have the transfer done at a PA FFL.

DeadeyeJack · Jan 3, 2014

Or you can trade cash for iron and STFU about it.

Boom Boom · Jan 3, 2014

DeadeyeJack said:
Or you can trade cash for iron and STFU about it.

Sure, and risk arrest, prosecution, years of court cases, an extended stay in state and/or federal prison, and a lifetime of disqualification from firearms ownership.

PapiBarcelona · Jan 3, 2014

I think the term "regulated" is old news, it's either a handgun, or it's a long arm.

Docster · Jan 10, 2014

ivwarrior said:
Transfers across state lines must (with few, specific, limited exceptions) go through an FFL. For long guns, this can be an FFL in any state. Handguns must go through an FFL in the buyer's state of residence. In either case, the gun must be legal in the buyer's home state, and any state laws regarding registration, or owner's cards must be followed.

Thanks for a definitive answer. I'm still amazed how many 'I'm pretty sure" and "I think you can" replies we still get on this forum to questions on law. :sad20:

Melnic · Jan 14, 2014

Is the item C&R ?
If so and you have C&R then you can buy and bring home
Btw if long gun and not banned in MD you can only buy from FFL in person if it is an adjoining state.
If it's say NC then it has to go from NC To mD FFL (unless it's C&R

Jimbob2.0 · Jan 14, 2014

ivwarrior said:
Transfers across state lines must (with few, specific, limited exceptions) go through an FFL. For long guns, this can be an FFL in any state. Handguns must go through an FFL in the buyer's state of residence. In either case, the gun must be legal in the buyer's home state, and any state laws regarding registration, or owner's cards must be followed.

If there is still any doubt, this is the answer (may not like it but true)

swinokur · Jan 14, 2014

DeadeyeJack said:
Or you can trade cash for iron and STFU about it.

Against forum rules to advocate an illegal act.

Bad idea.

ivwarrior · Jan 14, 2014

Melnic said:
Btw if long gun and not banned in MD you can only buy from FFL in person if it is an adjoining state.

Got a source for that? (Other than "my uncle's brother's cousin is a cop and he said so")

From the FAQ on the ATF's website

From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Which confirms what I posted previously. Does MD have a law restricting your purchases to border states?

swinokur · Jan 14, 2014

They used to. I don't think it exists any longer or was over ruled by the Federal law

IANAL

Benanov · Jan 27, 2014

ivwarrior said:
Which confirms what I posted previously. Does MD have a law restricting your purchases to border states?

IIRC, not completely sure on this one, but, giving it a shot:

It wasn't a restriction - it was an allowance. The law was back when the ATF disallowed purchases in other states but left it up to the states to allow adjoining state purchases for long guns.

Considering you can buy a long gun from any FFL at their premises (registered place of business), it's not a useful nor important law.

NateIU10 · Jan 27, 2014

Benanov said:
IIRC, not completely sure on this one, but, giving it a shot:

It wasn't a restriction - it was an allowance. The law was back when the ATF disallowed purchases in other states but left it up to the states to allow adjoining state purchases for long guns.

Considering you can buy a long gun from any FFL at their premises (registered place of business), it's not a useful nor important law.

A now expired portion of the GCA stated that all firearm purchases could only be made in a person's own state. There was then an exception stating that a state could allow for the purchase of long guns (rifles and shotguns) in border states, if they wanted to. Almost every state passed this law, and most states have it on their books still. The law states that a person "May" purchase in a border state, not that they cannot purchase in any other state (which was previously illegal under federal law.)

Conductor · Mar 14, 2014

Melnic said:
Is the item C&R ?
If so and you have C&R then you can buy and bring home
Btw if long gun and not banned in MD you can only buy from FFL in person if it is an adjoining state.
If it's say NC then it has to go from NC To mD FFL (unless it's C&R

Is that due to MD law? There is no federal law that requires adjoining or contiguous state.
The GCA68 as it was originally written authorized purchase in a contiguous state if the buyer's state authorized it, but that provision was rescinded by the FOPA of 1986.
Now, the only restriction is that the sale must be legal in both the state where the purchase takes place as well as the state where the buyer resides.

Non reg firearm sale from PA res to MD res

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