Question on Selling a C&R Handgun in MD

[Forest]

I know if I sell a C&R handgun to another person I have go through the State Police or a FFL.

However if the buyer has a C&R do we still need to use the FFL, or does the C&R License cover it?

Thanks.

 

[Streetgang]

C&R covers it to my knowledge. Your tranferring from and FFL to an FFL.

 

[fivepointstar]

you will get an endless debate on this one

Legally any FTF transfers in MD and both MD residents have to go through MSP. There is a debate if both FFL003 go out of state is that legal???

now you've opened a can of worms

 

[BeltBuckle]

yeah, there is some debate, but as your scenario is intrastate, and FFL authorities, being "federal", are primarily interstate, you might want to ask yourself this Q: which path holds the lowest potential for subsequent problems -- going through MSP, or asserting that intrastate 003 to 003 doesn't need to?

IANAL but I know what I would (with some resentment, nevertheless) do...

 

[Streetgang]

you will get an endless debate on this one

Legally any FTF transfers in MD and both MD residents have to go through MSP. There is a debate if both FFL003 go out of state is that legal???

now you've opened a can of worms

Didn't think of that. I sit corrected.

 

[A. Wayne]

I do not have a C&R liscense. If I sell and C&R handgun to someone with a C&R, can I legally do it out of state? I think not...I've had some potential buyers encourage me to do this...

 

[fivepointstar]

Hence the debate....Does the C&R prevent this??

 

[A. Wayne]

138 views, and not many comments- does this mean ATF has issued a whole lot of C&R liscenses and not many people know the rules? Just sayin...

 

[ohen cepel]

I think the issue is md's "rules" not the ATF's rules.

Md really muddies the water with their policies and the way they supersede the federal license.

 

[fivepointstar]

138 views, and not many comments- does this mean ATF has issued a whole lot of C&R liscenses and not many people know the rules? Just sayin...

exactly....no one really knows the answer?

I think the issue is md's "rules" not the ATF's rules.

Md really muddies the water with their policies and the way they supersede the federal license.

This is my issue:

If you take possession of it in PA, it occurred in PA so therefore how does it violate a MD law. Thats like saying I punched someone in PA but getting charged in MD. Does State of MD of Jurisdiction for something that occured in PA????

None of my C&R Handguns are registered in MD

 

[A. Wayne]

I have seen variations on state vs. federal laws before. From what I understand State law usually trumphs Federal law-sometimes, ha,ha, not funny really. The reason we have the idividual states and their own laws is because people who live in different areas of the country have different needs, so therefore different laws need to be created and applied.

So that leads to alot of confusion, we still don't know the answer to out of state sales on handguns...

 

[A. Wayne]

198 views and I am hearing crickets...

 

[mike_in_md]

198 views and I am hearing crickets...

If the Maryland attorney general has never been asked this question I would hope that it would be put on the to do list by the AGC since they typically ask clarification on issues like this.

Maryland should allow FTF sales to buyers that have a valid C&R 03 license for C&R guns. It's the right thing to do IMO.

 

[nighthawk2099]

Yea, but when was the last time you knew of Maryland doing the RIGHT thing.

 

[rifelman]

Years ago I went through this in the pre- internet days with the MSP Licensing division pre Pikesville (Odenton I think). The response I got was a transfer on any regulated firearm within the state must follow the Md law, so C&R to C&R inside the state was a no go.

 

[fivepointstar]

Years ago I went through this in the pre- internet days with the MSP Licensing division pre Pikesville (Odenton I think). The response I got was a transfer on any regulated firearm within the state must follow the Md law, so C&R to C&R inside the state was a no go.

YES what about if the C&R was transfered out of state?

 

[rifelman]

C&R to C&R Out of state would be outside of MD law. If both parties live in MD, but are out of state at the time of transfer, I'd agree, very gray area. I haven't read FED law, does 1 of the parties have to reside in the state that the transfer is occurring in?

 

[fivepointstar]

C&R to C&R Out of state would be outside of MD law. If both parties live in MD, but are out of state at the time of transfer, I'd agree, very gray area. I haven't read FED law, does 1 of the parties have to reside in the state that the transfer is occurring in?

I agree...thats the point i'm trying to make

if the law doesn't say you can't do it then its permitted.

 

[jonnyl]

And they can pick up some high-cap mags while they're over the border!!!

 

[A. Wayne]

SOUNDS like if EITHER party resides in Maryland at the time of the transaction, the transaction must follow Maryland law. Prolly wouldn't be a good idea just to share a ride across the state line and do the transaction, shake hands and go back home to Maryland. Everyones input/thoughts are welcomed...