Newb question about registering in MD

[Tritan3]

My father just gifted me A semi-auto CETME 308, I think he acquired it as a gunshow buy from out of state (he lives in SC). As the law stands now do I need to fill out any paper on this to own in MD? All the clips are 20rnds the barrel is 16.5 in, and it's very similar in appearance and action to a HK91 (semi auto G3).

sorry if this is covered elseware I'm new

 

[Tritan3]

oh and where should I go to shoot it?

 

[Markp]

So this is going to depends on who you ask.

First question, IS THIS A REGULATED WEAPON, BY LAW?

A regulated firearm is defined as a
(1) Handgun or
(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;
(ii) AK-47 in all forms;
(iii) Algimec AGM-1 type semi-auto;
(iv) AR 100 type semi-auto;
(v) AR 180 type semi-auto;
(vi) Argentine L.S.R. semi-auto;
(vii) Australian Automatic Arms SAR type semi-auto;
(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;
(ix) Barrett light.50 cal. semi-auto;
(x) Beretta AR70 type semi-auto;
(xi) Bushmaster semi-auto rifle;
(xii) Calico models M-100 and M-900;
(xiii) CIS SR 88 type semi-auto;
(xiv) Claridge HI TEC C-9 carbines;
(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;
(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;
(xvii) Dragunov Chinese made semi-auto;
(xviii) Famas semi-auto (.223 caliber);
(xix) Feather AT-9 semi-auto;
(xx) FN LAR and FN FAL assault rifle;
(xxi) FNC semi-auto type carbine;
(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
(xxiii) Steyr-AUG-SA semi-auto;
(xxiv) Galil models AR and ARM semi-auto;
(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;
(xxvi) Holmes model 88 shotgun;
(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;
(xxviii) Manchester Arms "Commando" MK-45, MK-9;
(xxix) Mandell TAC-1 semi-auto carbine;
(xxx) Mossberg model 500 Bullpup assault shotgun;
(xxxi) Sterling Mark 6;
(xxxii) P.A.W.S. carbine;
(xxxiii) Ruger mini-14 folding stock model (.223 caliber);
(xxxiv) SIG 550/551 assault rifle (.223 caliber);
(xxxv) SKS with detachable magazine;
(xxxvi) AP-74 Commando type semi-auto;
(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;
(xxxviii) Street sweeper assault type shotgun;
(xxxix) Striker 12 assault shotgun in all formats;
(xl) Unique F11 semi-auto type;
(xli) Daewoo USAS 12 semi-auto shotgun;
(xlii) UZI 9mm carbine or rifle;
(xliii) Valmet M-76 and M-78 semi-auto;
(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or
(xlv) Wilkinson Arms 9mm semi-auto "Terry".

YOU'LL NOTICE THAT THE CETME IS NOT LISTED!

So is the CETME a COPY of any of the above weapons?

Well three guns on this list are VERY similar to the CETME, however they are COPIES of the CETME, not the other way around.

H&K built the G3 and did development side by side with CETME Rifle. Considering that both the H&K G3 (not Springfield)and the CETME Rifle were both in existence prior to the law going into effect, and that the Springfield G3 and H&K 91 are derivatives of the original H&K G3 and CETME, it is hard to believe that the intent to regulate them was there any more than it was to regulate the FN-49 (a precursor to the FN-FAL). These weapons were known and NOT specifically regulated.

More specifically, they regulated ONLY one variant of the HK 91 series the HK-91 A3, the one with the retractable stock. Suggesting that only the retractable stock variant was a dangerous regulated firearm and that all others were not.

They also regulated the Springfield SAR-3, but that was sold with a retractable stock as well, and thus too dangerous for civilians. They do regulate the Springfield G3, but that is not the same weapon as the CETME either and was produced after the CETME, the law was written so that new model names of the same weapons could not be produced to circumvent the law. As I already said, the CETME was available before the law was written and did not have a retractable stock.

I would suggest that the CETME is NOT REGULATED!

So what does that mean?

If the CETME is not regulated you can do the transfer in SC (provided such a transfer does not violate SC state law) from your father to you. You legally would have to go through an FFL UNLESS you are a resident of SC, in which case it would be legal to do a FTF transfer without the use of an FFL.

Does that make sense?

 

[Major03]

Out of curiosity, what would the process be if it were on the list?

 

[ThawMyTongue]

Assuming your father lives in MD as well as yourself:

Yes, this type of transaction is considered a gift. The law stipulates, if the regulated firearm is a gift to the purchaser’s, spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(1) Complete an application to purchase or transfer a regulated firearm; and
(2) Forward the application to the Secretary of the State Police within 5 days after receipt of the regulated firearm.

http://www.mdgunsafety.com/mspfaq.htm


ETA: Just re-read the OP. As your father lives in SC any firearm transfer, regulated or not, MUST go through a FFL. This is federal law, not MD.

 

[Tritan3]

Can I use an FFL in MD? next question, what if I had purchased the rifle at a gun show in MD just like he had in SC, or if I had purchased it in SC? anypaper work in that case? Just wrapping my head around the process.

 

[ThawMyTongue]

As I understand it: If your father and yourself go to a MD FFL, the transfer can be done. Or your father can have a SC FFL send it to a MD FFL. If the rifle is regulated you could buy one at a MD gunshow, but would need to fill out the regulated paperwork and wait 7+ days. You may not buy a regulated firearm out of state without having it transferred to a MD FFL to do the paperwork.

 

[hvymax]

CETME's are not restricted in MD and are sold C&C at ffl's.Enjoy your rifle.

 

[Tritan3]

Got it

Thanks for all the good info. Now where can I take it for a spin?

 

[NateIU10]

CETME's are not restricted in MD and are sold C&C at ffl's.Enjoy your rifle.

Even if it's not regulated, it's an interstate transfer and requires an ffl under federal law.

 

[hvymax]

Even if it's not regulated, it's an interstate transfer and requires an ffl under federal law.

Father son is exempt.

 

[ThawMyTongue]

Father son is exempt.

Can you provide a cite for this? I thought it only applied to willed firearms after death.



All I can find on the ATF site:

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

 

[Markp]

Thanks for all the good info. Now where can I take it for a spin?

Del Marva Sporting Clays....