Firearm as a gift

[J.D.M]

I want to give my son in law a 9mm for his g'day in July. He is in Maryland and I am from Virginia. I am concerned about the issue of whether he can have that gun or not and what issues it will raise if the new laws affect that.
Can anyone answer this for me and maybe give me some clarity on what I and he should do?

 

[teratos]

As long as it is on our handgun roster it should not be a problem. Highly unlikely the new laws promoting safety will affect the handgun. If you buy it in VA or already have it it will have to go from an FFL in VA to one in MD for transfer. If your SIL has never bought a regulated firearm and the transfer occurs after 10/1, he will need to get a permit to purchase.

 

[Minuteman]

I want to give my son in law a 9mm for his g'day in July. He is in Maryland and I am from Virginia. I am concerned about the issue of whether he can have that gun or not and what issues it will raise if the new laws affect that.
Can anyone answer this for me and maybe give me some clarity on what I and he should do?

Sure. But first, follow the forum rules and guidelines. Introduce yourself: http://www.mdshooters.com/forumdisplay.php?f=119

Read those sticky's.

The simplest solution is to give your son in law a b'day card and a promise to pay for the gun. Only he can actually purchase it, in Maryland, as he has to pass the background check, and assumes he's over 21 and meets all the criteria, uses an FFL, etc. When the new law goes into effect, the process will be much more difficult for him, but he should still be able to purchase a handgun after the law goes into effect. Good luck.

(I'm not a lawyer) Most any gun shop will give you good advice.

 

[Vile Shadow]

He can't ship the gun himself to a dealer here?

 

[mac1_131]

sure as long as he uses an FFL on each end

 

[Mooseman]

Dad can purchase the gun in Virginia and take it and his son to a FFL in Maryland for the transfer.

 

[J.D.M]

I already own the gun. I think I will cal an FFL in MD and do a transfer. Thanks for the help. You all answered my question.

 

[Pinecone]

It does not have to go FFL to FFL.

It just has to go to an MD FFL for the transfer.

Father can ship or take to MD FLL.

And father CAN buy gun as a gift. That is not a strawman purchase, it is a gift purchase.

§ 5-136. Straw purchases.
(a) Scope of section.-

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:
(i) the regulated firearm is a gift to a resident of the State; and
(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(i) complete an application to purchase or transfer a regulated firearm; and
(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a) (2) of this subtitle for a gift purchased in accordance with this subsection.

(b) Prohibited.- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

 

[henn5849]

If you come up to visit him you can take the firearm to a md ffl with him and transfer it there. The FFL will hold te firearm until it clears. You don't have to ship it. I was told this by msp at north east barracks and have done this once.