From my research it seems out of state FTF C&R transfers between Maryland residents is a very grey area legally. However, everything I read was a couple years old. As there been any clarification on the legality of that?
From my research it seems out of state FTF C&R transfers between Maryland residents is a very grey area legally. However, everything I read was a couple years old. As there been any clarification on the legality of that?
From my research it seems out of state FTF C&R transfers between Maryland residents is a very grey area legally. However, everything I read was a couple years old. As there been any clarification on the legality of that?
Once outside Maryland their law does not apply.
Here is my opinion on the subject...
If 2 MD residents cross the state line for the sole purpose of transferring a C&R pistol, it is an intentional way of skirting MD law. Conversely, if I had a C&R pistol for sale at a gun show in PA, VA, etc, and a random MD C&R holder wanted to buy it, that would seem (to me) to be a more legit transfer.
IANAL
That said, it likely wouldn't hold up in court as both persons are residents of MD with the firearm originating in MD and therefore, would not be considered nor construed to be interstate commerce and thus, would fall back under state jurisdiction and rules/laws.
Maryland has no jurisdiction over WV seller. That's why states can't criminally go after out of state high capacity magazines sellers that ship to NJ or Maryland. They can go after them in federal civil court.Not true at all. That's why it's illegal for a MD resident to purchase any firearm which is banned for sale in MD in another state. For example, it is against the law for a MD resident to purchase a FNFAL in WV despite the fact that it is a cash-and-carry long-gun in that state. Both the purchaser and the FFL would be culpable.
The reason that the "Two MD C&R holders transfer somewhere across the state line" is that neither individual is prohibited from transferring a firearm via interstate commerce, AND said firearm is not prohibited from being possessed/transferred in MD. The heart of the question is, does the transfer take place IN MD where the MDSP has jurisdiction over FTF transfers of handguns. In theory, going across state lines means that the transfer is now interstate commerce that falls under the Federal purview and not MDSP's jurisdiction. That said, it likely wouldn't hold up in court as both persons are residents of MD with the firearm originating in MD and therefore, would not be considered nor construed to be interstate commerce and thus, would fall back under state jurisdiction and rules/laws.
Not true at all. That's why it's illegal for a MD resident to purchase any firearm which is banned for sale in MD in another state. For example, it is against the law for a MD resident to purchase a FNFAL in WV despite the fact that it is a cash-and-carry long-gun in that state. Both the purchaser and the FFL would be culpable.
The reason that the "Two MD C&R holders transfer somewhere across the state line" is that neither individual is prohibited from transferring a firearm via interstate commerce, AND said firearm is not prohibited from being possessed/transferred in MD. The heart of the question is, does the transfer take place IN MD where the MDSP has jurisdiction over FTF transfers of handguns. In theory, going across state lines means that the transfer is now interstate commerce that falls under the Federal purview and not MDSP's jurisdiction. That said, it likely wouldn't hold up in court as both persons are residents of MD with the firearm originating in MD and therefore, would not be considered nor construed to be interstate commerce and thus, would fall back under state jurisdiction and rules/laws.
I think you contradict yourself. Interstate commerce is correct. A Marylander going to PA qualifies, as staying in Md would make the transaction intrastate.
"The Commerce Clause is a grant of power to Congress, not an express limitation on the power of the states to regulate the economy. ... Under this interpretation, states are divested of all power to regulate interstate commerce." --Foundations of Law, The Commerce Clause
Maryland cannot regulate C&R transfers outside of Maryland as an FFL03 is a Federal license and the transaction is interstate, not intrastate.
How exactly do you get 'caught' doing this? Would this be questioned in a bound book audit?
Given that field agents are supposed to be up-to-snuff with local laws, yes.
It's the same as asking how you get 'caught' selling a regulated firearm to another individual without going through the proper channels in MD. It's against the law, so as a law-abiding gun owner, you don't do it.
Thanks. So, then this would only come up in a bound book audit and if the agent checked the state of residence of both parties of every transaction and also if the agent cared to actually press the local legality, right? I mean we're talking about government workers which means if they turn a blind eye it's less paperwork.
Does the FFL License number itself indicate the state of the holder ...
I am not condoning illegal activity. I am just trying to see if this is an actual issue versus a perceived problem.
tallen702: It's against the law, so as a law-abiding gun owner, you don't do it.
Whether you get away with it or not, bottom line is it's not legal to run across the border to do a -03 to -03, MD resident-to-MD resident transfer of a C&R handgun.
If a MD 03 was in PA at a gunshow trying to sell a C&R pistol and another MD 03 just happened to run into him and wanted o buy, would that be illegal?
Yeah, I wouldn't bet the farm that all (or any) government agents are too lazy and/or careless to catch it or pursue it.
If you have 1000 entries in the book vs. 10 then the odds will be more in your favor but still foolish to count on it sneaking by.
Yes, it does. The code for MD is 8-52-xxx-03-xx-xxxxx... it wouldn't be hard at all to recognize an acquisition from a MD FFL-03, then note that it's a handgun.
Whether you get away with it or not, bottom line is it's not legal to run across the border to do a -03 to -03, MD resident-to-MD resident transfer of a C&R handgun.
tallen702 and others have provided several thorough responses which can be summed up as: