Buying a prohibited "assault weapon" as a Marylander... Question

[Biggfoot44]

NO

Spider sense tingling

Rugers and Garand should be okay in Maryland

What Eric said .

And probably what your local gun store told you also .

 

[Biggfoot44]

I was told everything I listed there falls under the ban by that same gunshop I mentioned. If I recall correctly, he told me M1s are on the list & that brings the M-14, M-30, the Garand, & the Springfield M1A1 under that category (the Springfield was what I was looking to buy off gunbroker at the time).

I'll have to dig deeper. I hope you're right & my guy advising me was wrong.

The only way this post could be accurate . is if you were standing in a certain gun store in Millersville .

 

[Biggfoot44]

I don't think you can buy a MD-forbidden long gun outside the state and bring it in legally. IANAL though.

Rbird was agreeing with you that the Banned firearms can't be purchased OOS by Marylanders .
But in general , long guns that are legal in buyer's state . and FFL's state of location may be purchased .

 

[Biggfoot44]

Adit is correct you can purchase long guns in adjacent states provided they are legal in your state of residence.

The Adjacent part became superseded in 1986 .

 

[Sirex]

FWIW, if you want an AK in MD, you can buy one as long as it isn't in 7.62x39. I believe other calibers are ok. The VZ58, while being a fantastic rifle, is not an AK variant, but a look alike. The thing holding up the non 7.62x39 AKs is they are usually sold with dangerous, verboten standard capacity magazines, that are 20 rounds too dangerous for us mere peasants. However, you can buy mags over the state line.

 

[ras_oscar]

I was told everything I listed there falls under the ban by that same gunshop I mentioned. If I recall correctly, he told me M1s are on the list & that brings the M-14, M-30, the Garand, & the Springfield M1A1 under that category (the Springfield was what I was looking to buy off gunbroker at the time).

I'll have to dig deeper. I hope you're right & my guy advising me was wrong.

I often wonder if gun shops say that so you'll buy something they have in stock. M1 is MD legal. M14 is banned by name, although AR15 is legal if it doesn't have the offending scary cosmetic features. Also An AR 10 is legal without any restrictions on scary cosmetic features. Go figure. There is no requirement that people elected to pass the laws actually know anything about the subject.

 

[Atlasarmory]

Can you inherit banned firearms from out of state ? Got any sick out of state relatives ? Is purchased with intent to bequeath a straw purchase ?

 

[lazarus]

No you can't do this legally. You can't buy weapons forbidden by MD in MD, and you can't buy them outside MD because the FFL can't sell them to you; he has to transfer them to a MD FFL, who will refuse to break the law for you.

You want to enjoy these things, move to America.

If you had the foresight, you could have had many of these items had you purchased them before October 2013. Once MD's anti-2A laws a quashed by SCOTUS, that may change. Depends on your expected lifespan.

Send money to MSI (Maryland Shall Issue) and also join them. They're our best hope to win back lost rights.

One correction, he doesn’t have to transfer them to a MD FFL. The firearms mentioned are long guns. You can go buy a long gun in any state. But the sale must comply with the laws of that state AND your home state. So you can’t buy banned guns in the other state.

If you are a dual resident, you can use your other state residency to buy MD banned guns if they are legal in your other state of residency. But you may not possess them in MD (because they are banned).

 

[Biggfoot44]

Nooooooo ! Not another Dual\ Multiple Residency discussion ! The ghost of Novus is spinning in his grave .

 

[coinboy]

Nooooooo ! Not another Dual\ Multiple Residency discussion ! The ghost of Novus is spinning in his grave .

How come?

 

[lazarus]

Sorry was talking about a banned MD firearm. Quite frankly, I'd be surprised if any out of state FFL would risk their license by selling an MD resident a gun without shipping to an MD based FFL. The MD laws are so convoluted, it's hard enough for MD folks to stay on top of them - let alone any from outside.

PS - I've had 2 MD FFLs tell me something that was just wrong. I called them to try and understand the law better - I figured calling 2 would hedge my bets against incorrect information - I was wrong.

Oh, sure. Plenty of FFLs, if you are far from your home state, will still refuse the sale. It is up to them. If they feel it is too onerous to check up MD's gun laws, they'll just deny the sale.

It depends on what you are buying. If you are buying a bolt action rifle, probably 95+% of FFLs in any given state will sell it to you. The small number that won't are just lazy as heck. It is easy to look up different state rules just to make sure there are no waiting periods or FOID's required to own a gun. That only takes a couple of minutes if you aren't sure. Want to buy an AR-15 and not in your home state or adjacent? Especially if your driver's license is from a liberal state? Yeah, probably a lot of FFLs will just deny it without bothering to lookup your state's laws to see if that specific gun is legal. FFLs in most adjacent states are probably going to be broadly familiar with the gun laws of the states next to them (I said most, not all). Might a VA dealer might not know the intracacies of MD gun laws, but I'd be shocked if they weren't aware of the basics, like no waiting period on long guns, rimfires are good to go, manual action long guns are good to go. Oh and there are some banned semi-automatic long guns and MSP has a list you can look it up through. Probably even what the website is to look it up.

 

[lazarus]

Always remember: state laws end at the state line.

This.

The "legal in both states" deal for a long TRANSFER in another state, is because you are standing in that state, so their laws apply. Your home state applies because the ATF says so, and Feds have jurisdiction on both FFLs (they get to tell them what to do, even in their home states with home state residents) as well as having jurisdiction on interstate "commerce" here. So they get to assume you'll take the gun back to your home state. You could always rent the gun in the other state if you have no intention of taking it back to your home state.

Now if you have multiple residency, well there you go, you have a place to keep the gun so it doesn't matter if it is illegal in one of the states you have residency.

Now you CAN buy a long gun or handgun in another state where that handgun or long gun is NOT legal in the state where you are currently standing. But it'll need to be transferred to an FFL in your home state. But why the heck? I mean, a PA resident could buy a pencil barrel AR from a MD dealer who will transfer it out of state. Possession for the MD FFL isn't illegal, they've got a carve out in the law. So for example, a MD dealer could take a pencil barrel AR from an estate, or just someone who had legal possession before 10/2013 who wants to sell it. Then stick it up on gun broker or whatever and sell it out of the state.

 

[dblas]

Can you inherit banned firearms from out of state ? Got any sick out of state relatives ? Is purchased with intent to bequeath a straw purchase ?

Under state statute, direct inheritance is one of the way to transfer "banned" long guns. There is no mention of them being possessed by the deceased in Maryland or out. For out of state, just need to follow federal laws.

 

[ras_oscar]

Nooooooo ! Not another Dual\ Multiple Residency discussion ! The ghost of Novus is spinning in his grave .

So, Is dual state residency really a thing, or is someone pulling my leg? I know there is dual country citizenship, and there is a process for renouncing your birth country or establishing dual. I know of no such procedures at the state level. If I wish to become resident of another state as a US citizen, I merely take up residence and transfer my Drivers license, and vehicle title and registration. That's what I did when I moved to Maryland all those many years ago.

 

[ken792]

So, Is dual state residency really a thing, or is someone pulling my leg? I know there is dual country citizenship, and there is a process for renouncing your birth country or establishing dual. I know of no such procedures at the state level. If I wish to become resident of another state as a US citizen, I merely take up residence and transfer my Drivers license, and vehicle title and registration. That's what I did when I moved to Maryland all those many years ago.

What ATF considers residency for the GCA can be different from what a state may consider residency for tax or ID purposes.

Finding an FFL who is willing to do the dual residency thing and do transfers to the full extent allowed by law can be a challenge though.

What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business. A member of the Armed...

www.atf.gov

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

Clarification for Question 10 talks about dual residency and Question 26b talks about what supplemental ID is needed to prove it.

https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

 

[Biggfoot44]

Short Answer - It is a thing . But no where near as simple as most people want it to be when they hear of it .

( Other than for active duty Military )

 

[ken792]

Short Answer - It is a thing . But no where near as simple as most people want it to be when they hear of it .

( Other than for active duty Military )

Shops that know what they’re doing can make it a simple process. My friend’s parents bought a retirement house in WV and we’re going back and forth while preparing the MD house to sell. After getting denied at a few stores, my friend’s dad finally found one that accepted without hesitation. He went with his MD DL and WV property tax bill and got a handgun in minutes.

Another friend who lives between MD and another state got denied at a few of the gun stores he called, but a home FFL accepted without hesitation. It was also quick with his MD DL plus that state’s resident fishing license.

 

[BigMac]

Thanks for pointing them out. Saw them somewhere a while back but didn't give it much mind since I wrongly thought I couldn't buy a Garand.

And to everyone else, just wanted to clarify that the misunderstanding about all the guns I thought were off-limits was 100% my own stupidity. After torturing my grey matter for a bit, I began to recall the original conversation I had with my gunshop guy.

I had checked with him about buying the Springfield M1A1 & was informed it was on the ban list. He then told me the rifle was modeled after the Garand as were the Ruger Mini-14s & 30s or some such thing. I went through some mental gymnastics & made the leap that all of them were on the ban list.

I'm pretty disappointed to learn I can't buy guns I want aside from having a secondary address outside of Maryland (shocked is more like it), but at the same time I'm freakin bouncing off the walls hearing everything I CAN buy having erroneously believed I couldn't. Bout to go on a shopping spree that might put me in the poorhouse. Still though, I hate that MD laws mean my 2A rights are limited everywhere I go.

Glad you got this clarified. Regarding banned firearms, maybe you can buy them privately out of state and keep them out of state? I haven't looked into it too much but my understanding is that only FFLs are prohibited from selling them to you. Maybe someone else can address this more confidently.
Best of luck

Edit: I stand corrected, no private sales allowed to non-residents

 

[rseymorejr]

Glad you got this clarified. Regarding banned firearms, maybe you can buy them privately out of state and keep them out of state? I haven't looked into it too much but my understanding is that only FFLs are prohibited from selling them to you. Maybe someone else can address this more confidently.
Best of luck

You can't buy privately out of state, have to go through an FFL. The gun has to be legal in boths states. Your only hope is to move to an actual free state or possibly inheritence.

 

[Inigoes]

You can't buy privately out of state, have to go through an FFL. The gun has to be legal in boths states. Your only hope is to move to an actual free state or possibly inheritence.

The third option is to establish a residence in another state, while maintaining a residence in Maryland.