Out of State Purchases

[drwalther]

I had an interesting question put to me recently and didn't know. IF a Maryland resident were to go to visit another state, Alabama for example, and visited a friend or relative, and went to a gun store where the MD resident found exactly the piece (s)he'd be searching for in MD for months, but couldn't find, could the MD resident purchase it there? What if it were a restricted/regulated item in MD? Would it need to be shipped to an MD FFL? Could the friend/relative/neighbor who resides in the other state purchase that item, then do a private sale to the MD resident?

I presume this would vary depending on what the non-MD state would be. What is the best way that doesn't require 3 years of law school and an exhaustive search of the laws of the non-MD state, to answer these sorts of questions?

thanks!

 

[lx1x]

regulated.. has to go to md ffl.

long guns and shotguns that are not regulated he can purchase there.

i would not go for the friend/relative buying etc. and do private purchase.. he'll be dealing with federal law (interstate). unless he wants to take a vacation to club fed.

 

[press1280]

Depends on what kind of gun it is. A handgun would need to be sent to a MD FFL. A rifle might be able to be purchased in AL. I know my local Walmart will sell rifles to certain out of state residents. Just depends.

 

[zoostation]

Quick simplified version:


You can purchase a long gun out of state from a dealer via a regular NICS check if it is not a Maryland regulated firearm.

You cannot purchase a handgun outside of your home state. That is federal law and applies to all 50 states. You would have to have it shipped to a MD dealer for paperwork.

You cannot purchase a Maryland regulated long gun out of state. It would have to be shipped in to MD dealer for transfer. Part of the federal Gun Control Act specifies that you must follow your own state's laws when buying a gun in another state.

No private sales across state lines, long guns or handguns. Interstate transfers require an FFL.

 

[drwalther]

some of that I knew, or suspected, the rest is great info, and will be passed along appropriately.

much thanks!

 

[A1Uni]

In a case like that, just have the gun transferred to a Maryland FFL.

Shipping should not be all that much.

 

[altima98]

What if a relative legally purchased it in their home state would the below from the MSP gun Safety site apply?

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


Can the transfer of a regulated firearm be conducted between two family members?
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.

 

[LeadSled1]

What if a person has a family farm in another state, goes to that state and buys what would be a regulated firearm in Maryland but keeps it in that state on the family farm?

 

[r3t1awr3yd]

What if a person has a family farm in another state, goes to that state and buys what would be a regulated firearm in Maryland but keeps it in that state on the family farm?

Where is the person's residency? Answer this and go back to posts 2-4 of this thread.

 

[kalister1]

What if a relative legally purchased it in their home state would the below from the MSP gun Safety site apply?

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


Can the transfer of a regulated firearm be conducted between two family members?
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.

This is Maryland Law and only applies within the State of Maryland.
When a firearm crosses State lines Federal law applies. MSP only handles sales within the State, IE: Both parties are Maryland residents.

 

[altima98]

This is Maryland Law and only applies within the State of Maryland.
When a firearm crosses State lines Federal law applies. MSP only handles sales within the State, IE: Both parties are Maryland residents.[/QUOTE

Clarification appreciated.

Thanks

 

[adit]

You cannot purchase a handgun outside of your home state. That is federal law and applies to all 50 states. You would have to have it shipped to a MD dealer for paperwork.

Is that correct?

Scroll to the bottom - State of Residence, example 2: http://www.ecfr.gov/cgi-bin/text-id...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

I have a MD D/L.

I have a residence in MD and I have a residence in DE.

Does this mean that I can only purchase a handgun for my DE residence back in MD and I have to transport it from MD to my DE home?

Or can I purchase one in DE for DE?

I live in DE every other weekend during the off-season, and the entire summer.

 

[ThatIsAFact]

exceptions

You cannot purchase a handgun outside of your home state. That is federal law and applies to all 50 states. . . .No private sales across state lines, long guns or handguns. Interstate transfers require an FFL.

All true, but it should be noted that these restrictions do not apply to (1) firearms manufactured prior to 1899, which are defined as unregulated antiques under both federal and Maryland law, or to (2) muzzleloading firearms that ignite by percussion cap or other archaic ignition systems, rather than firing cartridges.

 

[ThatIsAFact]

I have a MD D/L. I have a residence in MD and I have a residence in DE. Does this mean that I can only purchase a handgun for my DE residence back in MD and I have to transport it from MD to my DE home? Or can I purchase one in DE for DE? I live in DE every other weekend during the off-season, and the entire summer.

I don't know about the Delaware law as to residency. However, as to federal law, you could purchase a handgun in Delaware during a period when you are actually a resident there, which you say is "the entire summer." Here is the ATF guidance on a similar question, from:
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-purchase

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

​

I am not a lawyer and this is not legal advice, but in my opinion, once you have lawfully purchased a firearm in either state of residence, you can transport it back and forth between your two residences as you see fit, as long as you comply with the applicable laws when you are doing the transporting.

 

[adit]

I don't know about the Delaware law as to residency. However, as to federal law, you could purchase a handgun in Delaware during a period when you are actually a resident there, which you say is "the entire summer." Here is the ATF guidance on a similar question, from:
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-purchase

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

​

I am not a lawyer and this is not legal advice, but in my opinion, once you have lawfully purchased a firearm in either state of residence, you can transport it back and forth between your two residences as you see fit, as long as you comply with the applicable laws when you are doing the transporting.

Here is the definition of "State of Residence" from 27 CFP 478.11:


State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.


It's almost as if Example 2 was written just for me....

 

[Pinecone]

But how to you prove to the FFL that you reside in that state?

Your DL will be for the state of your primary residence (more than half the year if you are being legal).

 

[adit]

Lease, tax bill, utilities, etc.