03 FFL Question

[iscyclone]

Hi Everyone I just joined this site today and was hoping I could get help clearing-up some questions I have on some of the 03 C&R FFL license rules in Maryland. In particular if buying a C&R Handgun from a vendor outside of MD-

1) Can I purchase a C&R eligible handgun from an out-of-state vendor and have it sent directly to my 03 FFL address in MD without going through an instate 01 FFL/gun shop for the transfer since handguns are "regulated" in MD?

2) If that is allowed then does the purchase limit of no more than 1 handgun (C&R eligible- not "modern" ones) every 30 days apply?

Doing a little research some point that purchasing C&R handguns from out-of-state vendor to my 03 FFL in MD (interstate) is ok but not from instate vendor (intrastate). Is that correct?

-Mike

 

[eruby]

1. Yes
2. I don't remember, but I think no

 

[iscyclone]

1. Yes
2. I don't remember, but I think no

Thanks for the answers. It seems like it's hard to find a clear answer. Looked on the MSP website and couldn't find it spelled out.

 

[rseymorejr]

You're good to go buy as many C&R handguns, and have them shipped directly to you, as you want, You can also
buy face to face out of state with a C&R.

 

[mac1_131]

1 yes
2 no

 

[coinboy]

I believe the answers are:

1. Yes
2. No.
3. Technically you can buy C&R guns in MD but they have to come from a 01 FFL and can't be transferred from an 03 FFL in the state for handguns. I'm not sure about rifles anymore considering Maryland recently passed so-called Universal background checks.

Did you know? I'm not a lawyer.

Easy way around the 1 in 30 is to become a MD Designated Collector it moots the whole question 2 anyway.

 

[Threeband]

Someone should tell you to get your Designated Collector letter. It exempts you from the one handgun a month rule.

But that rule doesn't apply when buying C&R handguns in interstate commerce, as noted.

Get your DC letter!

 

[iscyclone]

I believe the answers are:

1. Yes
2. No.
3. Technically you can buy C&R guns in MD but they have to come from a 01 FFL and can't be transferred from an 03 FFL in the state for handguns. I'm not sure about rifles anymore considering Maryland recently passed so-called Universal background checks.

Did you know? I'm not a lawyer.

Easy way around the 1 in 30 is to become a MD Designated Collector it moots the whole question 2 anyway.

Thanks. How difficult is it to get the DC letter? Is it anymore difficult than it was to get the 03 FFL (C&R)? I definitely don't want to be violating any state laws, plus I would get a better nights sleep with peace of mind.

 

[teratos]

Thanks. How difficult is it to get the DC letter? Is it anymore difficult than it was to get the 03 FFL (C&R)? I definitely don't want to be violating any state laws, plus I would get a better nights sleep with peace of mind.

Easy.

Designated Firearms Collector

An official website of the State of Maryland.

mdsp.maryland.gov

 

[iscyclone]

Someone should tell you to get your Designated Collector letter. It exempts you from the one handgun a month rule.

But that rule doesn't apply when buying C&R handguns in interstate commerce, as noted.

Get your DC letter!

Easy.

Designated Firearms Collector

An official website of the State of Maryland.

mdsp.maryland.gov

What form do you need to fill out? Where do you get it? MSP website? How long does it take?

 

[iscyclone]

What form do you need to fill out? Where do you get it? MSP website? How long does it take?

Sorry I see the link above.

 

[teratos]

Sorry I see the link above.

It takes about 30 days.

 

[iscyclone]

It takes about 30 days.

By the way. As far as the Notary. Does it have to be an MD Notery? I am Active Duty Military and work in VA currently and their is a Notary at work I could use.

 

[HRDWRK]

Hi Everyone I just joined this site today and was hoping I could get help clearing-up some questions I have on some of the 03 C&R FFL license rules in Maryland. In particular if buying a C&R Handgun from a vendor outside of MD-

1) Can I purchase a C&R eligible handgun from an out-of-state vendor and have it sent directly to my 03 FFL address in MD without going through an instate 01 FFL/gun shop for the transfer since handguns are "regulated" in MD?

2) If that is allowed then does the purchase limit of no more than 1 handgun (C&R eligible- not "modern" ones) every 30 days apply?

Doing a little research some point that purchasing C&R handguns from out-of-state vendor to my 03 FFL in MD (interstate) is ok but not from instate vendor (intrastate). Is that correct?

-Mike

First are you planning an event?
Check out the C&R section of the forum!
Check out the "if your new section".
Or don't JeffG

 

[teratos]

By the way. As far as the Notary. Does it have to be an MD Notery? I am Active Duty Military and work in VA currently and their is a Notary at work I could use.

I don’t see why it would have to be a MD notary. It’s not spelled out in the requirements. Any notary should do.

 

[ted76]

i don't think that it has to be a Maryland notary.

 

[iscyclone]

First are you planning an event?
Check out the C&R section of the forum!
Check out the "if your new section".
Or don't JeffG

Nope no events. Just a private collector or wannabe trying to be in compliance with state and federal laws.

 

[iscyclone]

I believe the answers are:

1. Yes
2. No.
3. Technically you can buy C&R guns in MD but they have to come from a 01 FFL and can't be transferred from an 03 FFL in the state for handguns. I'm not sure about rifles anymore considering Maryland recently passed so-called Universal background checks.

Did you know? I'm not a lawyer.

Easy way around the 1 in 30 is to become a MD Designated Collector it moots the whole question 2 anyway.

I have a Federal 03 FFL but not the MD DC. Since it looks fairly straight forward will apply for the MD DC Letter.

 

[coinboy]

If you have an 03 FFL the MD Designated Collector is easy.

You had to have bought a regulated firearm in MD before though.

 

[lazarus]

I believe the answers are:

1. Yes
2. No.
3. Technically you can buy C&R guns in MD but they have to come from a 01 FFL and can't be transferred from an 03 FFL in the state for handguns. I'm not sure about rifles anymore considering Maryland recently passed so-called Universal background checks.

Did you know? I'm not a lawyer.

Easy way around the 1 in 30 is to become a MD Designated Collector it moots the whole question 2 anyway.

The long gun background check law has an exemption for FFL-03 to FFL-03 for any long guns that are C&R. Also from any FFL to any FFL, not sure that was really intentional on their part including FFL-03 in there for any long gun, C&R or not. Basically the law defines a dealer as ANYONE holding a federal firearm license. And then says that dealers are exempt from background checks on long gun transfers (so dealer is defined as any licensee). Separately it says that FFL-03 to FFL-03 for a C&R long gun is exempt. Basically, everywhere else in MD law it defines a dealer in a way that does not include FFL-03. Pretty sure this was a mistake on MDLeg's part. But a mistake or not, that is the way the law is written. I mean, it would be pretty stupid if FFL-03 to FFL-03 on a C&R long gun was fine for face to face, but an FFL-01 to an FFL-03 was not okay for the same C&R long gun. The fact it also exempts any long gun I am sure is not intentional.

At a minimum, yes any regulated firearm (handgun) can be shipped to your FFL-03 address in Maryland from out of state. You should be good to go for any C&R long gun shipped from any FFL to your FFL-03 address also from out of state. And you can face-to-face from another FFL-03 to you for C&R long guns.

I would not play F around and find out about a non-C&R long gun to you as a face-to-face in MD because you have an FFL-03. Yes, the law is written such that FFL-03 should be exempt, but that matters not much if the police and prosecutors decide that was an oops in the law and they'll prosecute you anyway. Sure you might get it tossed somewhat quickly at the judge prelim motions level before a trial, but still costs you thousands of dollars on lawyers and a record you'll need to get expunged, and possibly having the police steal all of your guns and not want to give them back. Etc.

As an FFL-03 you can also buy any C&R firearms while you are out of state from anyone, face-to-face if you want. So long as face-to-face is legal under that state's laws (interstate prohibiting that under federal law, does not matter in this case as your FFL-03 exempts you from that).

On your #3, that only applies to handguns. For long guns, you do not need to do a 4473. Pre-long gun background check bill that was 100% the case. Now, the language should exempt an FFL-03 buying from an FFL-01 (regular gun shop) needing to do a 4473 and background check still. But that one is going to be 100% up to the FFL-01 if they are willing to do that. I'd imagine a number will not. State law is clear on regulated firearms that if you are buying the gun in state, an FFL-03 does not exempt you from the 77r process, wait, and limit of handguns purchased at a time or waiting till the next one. Federal law once it is an interstate transaction exempts you from all of that. Which is why you can purchase out of state and have it shipped into you. MD AG opinion out there even saying that is the case.