RE: Purchasing a Shotgun out of State

[white rabbitt]

I have a question. If I were to buy a shotgun out of State (not in Maryland, duh) in a private FTF sale without FFL legally, could I transport it (drive) it back to Maryland legally ? I realize that I could have it shipped back legally to an FFL Maryland Dealer but if I did not wanna go through that hassle is it legal to transport it back to Maryland in my motor vehicle (Yep, I know I just repeated myself, bite me, haha) ? But really, does anyone here know the answer ?

 

[A1Uni]

Illegal sale.

You can only FTF buy or sell with residents of your state.

 

[white rabbitt]

Illegal sale.

You can only FTF buy or sell with residents of your state.

Ok. Can you give me a link to that statue of law ? And another question, if I should purchase a shotgun in Maryland is it legal to transport it in my motor vehicle back to my residence ? Yes, as you can see I have not purchased a gun of any sorts for a long while past. The last time I purchased a firearm I bought a repeating (lever action) Winchester 30 rifle at Sears which I paid cash for (I think I might have had to show my drivers license at the time, cannot remember), walked out the store with it and put it on the rack behind the seat of my pick-up truck and drove back home with it (which was legal at the time). I had long since sold that rifle (sorry I did looking back).

 

[sfchoffman]

But you can buy it from a store as long as it's not on the regulated list....Stupid laws

 

[sfchoffman]

Next you will have to list all firearms each year on your tax return....

 

[usaf_joe]

Ok. Can you give me a link to that statue of law ?

It's on the ATF website under FAQ (http://www.atf.gov/firearms/faq/unlicensed-persons.html)

And another question, if I should purchase a shotgun in Maryland is it legal to transport it in my motor vehicle back to my residence ?

Yes, so long as it's unloaded - stored separately from ammo. (Md. Code Ann., [Criminal Law] § 4 (2004) et seq.; [Public Safety] § 5 (2004) et seq.; NAT. RES., § 10 (2004) et seq.)

 

[A1Uni]

You will have to hunt for the specific law, trust me, what you propose is illegal ; I just don't have time to research the specific citation.

You can transport firearms for legitimate purposes, e.g.-home from the seller's house/shop, to the range, hunting or to a shooting event, or to a gunsmith, in MD so long as they are unloaded, not in "lunge and grab" reach, secured in a container or case, and the ammo is in a separate compartment.

 

[white rabbitt]

You will have to hunt for the specific law, trust me, what you propose is illegal ; I just don't have time to research the specific citation.

You can transport firearms for legitimate purposes, e.g.-home from the seller's house/shop, to the range, hunting or to a shooting event, or to a gunsmith, in MD so long as they are unloaded, not in "lunge and grab" reach, secured in a container or case, and the ammo is in a separate compartment.

Ok. Can a person legally transport their own shotgun to another State (i.e.: to go hunting, when moving, to a range, ect ...), across State lines ?

 

[A1Uni]

That would depend on the laws in that state, and I only claim a good knowledge of Maryland law on the matter.

 

[white rabbitt]

Ok. Can a person legally transport their own shotgun to another State (i.e.: to go hunting, when moving, to a range, ect ...), across State lines ?

By the way, I looked on the ATF SIte as you suggested and could find no regulation or such, other then if it involved a handgun, where one could not purchase a shotgun or any other non regulated firearm in another State other than the one they legally resided in that prohibited them from transporting same to their State of residence. I also found this:

Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity ?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

 

[MJD438]

By the way, I looked on the ATF SIte as you suggested and could find no regulation or such, other then if it involved a handgun, where one could not purchase a shotgun or any other non regulated firearm in another State other than the one they legally resided in that prohibited them from transporting same to their State of residence. I also found this:

Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity ?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

Read and understand the 2nd question/answer on the faq link already provided.

 

[Second Amendment]

What are the legalities of storing firearms out of state?

 

[white rabbitt]

Read and understand the 2nd question/answer on the faq link already provided.

I also, on the ATF Site, could find no regulation (guess I could've missed it ?) that prohibited a person in purchasing a non regulated firearm (such as a shotgun) from someone in another State in which the purchaser did not reside in.

 

[A1Uni]

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Here.

The first few questions should answer it.

 

[usaf_joe]

I also, on the ATF Site, could find no regulation (guess I could've missed it ?) that prohibited a person in purchasing a non regulated firearm (such as a shotgun) from someone in another State in which the purchaser did not reside in.

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)]

Remember, regulated/non-regulated is MD terminology... BLUF, if you want to purchase a non-regulated rifle or shotgun out of state, it HAS to be through an FFL dealer.

 

[A1Uni]

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)]

Remember, regulated/non-regulated is MD terminology... BLUF, if you want to purchase a non-regulated rifle or shotgun out of state, it HAS to be through an FFL dealer.

Perfect explanation, wish I had said it.

 

[Right2Carry]

Ok. Can a person legally transport their own shotgun to another State (i.e.: to go hunting, when moving, to a range, ect ...), across State lines ?

If NOT selling or buying a gun. YES - Absolutely, as long as you do not sale the weapon and it remains in your possession. It’s the very reason why I purchase a PA non-resident hunting license every year.
I also practice my CCW rights. I pull over at the rest stop, open the safe in the back, holster the gun, and on my way.
In fact, heading up to PA at the end of the month to attend Richland Township Volunteer Fire Dept. Gun Bash in Gibsonia, PA., wish me luck!

 

[Pinecone]

The transfer laws are Federal laws, under the Gun Control Act of 1968.

Basically you can buy out of state ONLY from an FFL.

So to buy from a private seller, the seller can ship it to an FFL in your home state, or find a local FFL in MD to do the transfer. The FFL can receive the firearm from anyone in or out of state, then sell to anyone who comes to their store.

In anyone, I mean anyone who can legally own a gun under all the myriad of laws.

 

[Right2Carry]

Ok. Can a person legally transport their own shotgun to another State (i.e.: to go hunting, when moving, to a range, ect ...), across State lines ?

Yes, do it every year, because I purchase a non-resident PA Hunting License. Also, I often take my guns to shoot with my brothers in PA.