Looking for an FFL for a transfer

[Dan_G]

I am looking for an FFL to do a transfer for me. I am looking to buy a k31 online and need to have it transferred to me. I am looking for one that costs <$50 and isnt overly far from College Park or the BCC IWLA. I am an NJ resident with an FPID and FFL 03 living in College Park. So far I have not been able to find an FFL who will do the transfer because they still believe that there is an adjacent state law still. I cannot have it shipped to my FFL 03 address because NJ doesnt allow that.
Thanks

 

[freddie]

u might check out A1uniforms (brentwood) close to college park - my go to FFL for in stock and transfers.

 

[ken792]

u might check out A1uniforms (brentwood) close to college park - my go to FFL for in stock and transfers.

He already tried. They wouldn't do it.

 

[NateIU10]

That's surprising. Was it the old adjacent rule issue, or is it being from NJ?

 

[Dan_G]

The current law states that the FFL may transfer to a resident from an adjacent state. I believe it is being interpreting as "may only" instead of just "may". NJ not being a defined adjacent state, interpreting the law as "may only" it is not allowed reading it as is as "may" it is perfectly legal.
The law
"§5–204.
(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.
(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State."

 

[NateIU10]

Oh I know what the state law holdovers from the expired GCA provision say. I was more wondering if they stated it was because of that portion of law (which you are correctly reading) or if it was because they do not know/think it is legal for a NJ resident under NJ law.

 

[Dan_G]

Its because of the law I quoted. I can buy anything NJ legal anywhere as per NJ law.

 

[Pinecone]

Have it shipped to a PA FFL that will work with you.

I cannot believe that any FFL was not aware the the adjacent state provision of the Federal law has been gone since the late 80s or early 90s.

And the state laws do not state only, they just allow the adjacent state purchase, as the original GCA 68 required the your home state permit that.

 

[Alphabrew]

Where'd you find a K31?

 

[Dan_G]

Its a secret for now where I found it.right now I am in contact With a few Virginia FFLs.
Here is a quote from an MD FFL I messaged. "Current ATF best practices only permit us to transfer firearms to residents of contigious sates. "

 

[MacGuns]

Where'd you find a K31?

Alphabrew, you already have too many K31's. There is no need to corner the K31 market

 

[Alphabrew]

Alphabrew, you already have too many K31's. There is no need to corner the K31 market

LOL, true dat. I need to be working on an M39. Focus!!

 

[david2260]

North Beach MD maybe too far for you; however, my FFL dealer is an ex-MD State Trooper and might be worth giving him a call. His name is Gil Standifer. He also runs a Real Estate company so you might have to leave a message. 410-610-7597...

 

[A1Uni]

The current law states that the FFL may transfer to a resident from an adjacent state. I believe it is being interpreting as "may only" instead of just "may". NJ not being a defined adjacent state, interpreting the law as "may only" it is not allowed reading it as is as "may" it is perfectly legal.
The law
"§5–204.
(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.
(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State."

EXACTLY:

We do realize that we "may" sell non-regulated firearms to residents of any state, but best practices recommend adjacent states because of the patchwork of state laws. If we ship something to NJ or any other state, that is illegal in that state, we are in the trick bag.

Given that you are a NJ resident and you admit you can't have that rifle shipped to NJ, I have misgivings about the transfer, and so I declined it.

We take full responsibility for our decisions, and it was my call. I am sorry we were unable to help you in this case.

The easiest thing to do would be to have it shipped to a NJ FFL if your state forbids C&R deliveries to your residence; failing that, establish MD residency and get all the C&R guns you want shipped right to your door.

The problem is not that FFLs don't know the law; it is that FFL know how broadly the law can be interpreted and usually not in our favor.

 

[Dan_G]

I am not trying to get around a law. NJ law does not allow me to have any firearm shipped to my door with a C&R FFL, they must go through any FFL 01.
The NJ AWB only applies to semi-auto rifles so the K31 is 100% legal.
The NJ AWB as it pertains to rifles copied from the NJSP
"A semi-automatic firearm should be considered to be
"substantially identical," that is, identical in all material respects, to a named assault weapon if it
meets the below listed criteria:
i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least
two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A bayonet mount;
(4) A flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and
(5) A grenade launcher;"
http://www.njsp.org/info/pdf/firearms/062408_title13ch54.pdf

 

[NateIU10]

EXACTLY:

We do realize that we "may" sell non-regulated firearms to residents of any state, but best practices recommend adjacent states because of the patchwork of state laws. If we ship something to NJ or any other state, that is illegal in that state, we are in the trick bag.

Given that you are a NJ resident and you admit you can't have that rifle shipped to NJ, I have misgivings about the transfer, and so I declined it.

We take full responsibility for our decisions, and it was my call. I am sorry we were unable to help you in this case.

The easiest thing to do would be to have it shipped to a NJ FFL if your state forbids C&R deliveries to your residence; failing that, establish MD residency and get all the C&R guns you want shipped right to your door.

The problem is not that FFLs don't know the law; it is that FFL know how broadly the law can be interpreted and usually not in our favor.

Where/when did ATF tell you this? I have heard the opposite when I asked, and this ATF bulletin seem to disagree;https://www.atf.gov/firearms/industry/tip-of-the-month-2010.html

Eta; after rereading, it appears A1 knows they can but choose not to. I understand that completely.

 

[Dan_G]

I understand it too. Being an NJ resident it is very hard to get an FFL to let you buy anything out of state. I have a semi-long list of FFLs I wont deal with.

 

[Pinecone]

Funny all the yelling and screaming about out of MD FFLs and distributors not selling to MD instead of learning the laws, and now MD FFLs doing the same thing to NJ.

 

[Pinecone]

Where/when did ATF tell you this? I have heard the opposite when I asked, and this ATF bulletin seem to disagree;https://www.atf.gov/firearms/industry/tip-of-the-month-2010.html

Interesting, they actually address the state laws about adjacent states:

ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.

 

[Dan_G]

I tried to buy a t53 from a place in PA over the summer and they wouldn't sell it to me because of the bayonet.I showed the guy the law and he still wouldn't. So I went to another FFL nearby I get there and the first place called the second place telling them not to transfer one to me. The worst part is the guy at the first store is my next door neighbor in PA. I still don't own a t53.