Buying AR-15 HBAR from an individual in PA

[TerminatorSVT]

Hello,

Is it legal to purchase an AR-15 HBAR from an individual that owns one in Pennsylvania? Does a background check/transfer need to occur for the purchase?

Thanks in advance.

Joe

 

[Boondock Saint]

Any time you purchase a firearm outside of your home state, an FFL must be involved. No exceptions.

 

[Biggfoot44]

For a rifle or shotgunn, it may be an FFL in either state.

Meaning that if you were to travel to Pa yo do this, the two of you could go to the nearby LGS in Pa and do the transfer.

 

[esqappellate]

Any time you purchase a firearm outside of your home state, an FFL must be involved. No exceptions.

And if you, as a MD resident, cannot legally purchase the AR in MD, you cannot legally purchase it (from anyone, including a private party or a FFL) in PA.
See 18 U.S.C. 922(a)(3):

(a) It shall be unlawful--
******
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

and 18 U.S.C. 922(b)(3):

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--
*****
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

 

[Biggfoot44]

Gotcha, but the OP did specify HBAR in the thread title.

 

[esqappellate]

Gotcha, but the OP did specify HBAR in the thread title.

Agreed, I saw that, but just wanted the lurkers to take note.

 

[KevinK]

And if you, as a MD resident, cannot legally purchase the AR in MD, you cannot legally purchase it (from anyone, including a private party or a FFL) in PA.

But even with an HBAR, your statement is still true.

Not sure what one would need to do to not be allowed to buy an HBAR in Maryland, if they are a banned person in Maryland, they are banned everywhere else.

 

[Biggfoot44]

No, not quite. There are several catagories of persons who are prohibited in Md, but are ok by Federal standards.

 

[KevinK]

It's my understanding that for out of state purchase, one must follow the laws of the home state as well as the state in which they are buying. A Maryland resident can't buy a non-HBAR out of state, and by the same reasoning, if they cannot buy an HBAR in Maryland (where they live), they are barred by Federal law from buying out of Maryland.

I may be wrong on that, I am certainly no lawyer.

 

[Biggfoot44]

Darn, I was too brief.

Indeed a hypothetical Maryland Prohibited, nationwide OK person couldn't legally purchase in any other state either. * As long as they remain a Md Resident -* . Now if thet leave Md , and establish residency in a state where they are Not prohibited, they could again purchase.

In that situation , I would recommend NOT bringing firearms if they return for a visit to Maryland.

 

[KevinK]

Darn, I was too brief.

Indeed a hypothetical Maryland Prohibited, nationwide OK person couldn't legally purchase in any other state either. * As long as they remain a Md Resident -* . Now if thet leave Md , and establish residency in a state where they are Not prohibited, they could again purchase.

In that situation , I would recommend NOT bringing firearms if they return for a visit to Maryland.

 

[TerminatorSVT]

Thank you all for your input. Does it matter if the transfer is done at a MD or PA FFL dealer?

 

[Biggfoot44]

Legally it does not. Check with the prospective Pa FFL. If they are not up to speed on Md laws, they could decline to do so.

 

[Rack&Roll]

This is why I love this place.

 

[K31]

Contact IP Hogsniper here. He is a PA FFL, knows and works with Md laws. He'll sell you some mags at the same time.

 

[ras_oscar]

And if you, as a MD resident, cannot legally purchase the AR in MD, you cannot legally purchase it (from anyone, including a private party or a FFL) in PA.
See 18 U.S.C. 922(a)(3):

(a) It shall be unlawful--
******
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

and 18 U.S.C. 922(b)(3):

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--
*****
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Which is why many gun shops out of Maryland decline to do cross state transfers to Maryland residents. Don't know the law and don't want to risk their licenses.

 

[honda53s]

Your mom goes to college Joe.

 

[esqappellate]

Which is why many gun shops out of Maryland decline to do cross state transfers to Maryland residents. Don't know the law and don't want to risk their licenses.

And I can hardly blame them.