Selling firearms to out of state residents

Discussion in 'NFA/Class 3 & FFL Discussion' started by Yunus, Sep 20, 2009.

  1. Yunus

    Yunus New Member

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    I'm a Maryland resident. When I go to most any gun shop out of state I ask if I can buy an AR-15. Some say yes, others say no. Gander Mountain for example, 1 store in Pennsylvania has said, yes as long as its Pennsylvania legal and federally legal they will sell me the gun, but another store said no we must follow Maryland law and won't sell.

    Whats the deal? From an FFL perspective can you sell me a firearm same day if you know that in my home state that firearm would require a 7 day waiting period and Maryland State Police background check?

    I'm not looking for legal advice just wondering if anyone actually knows what's allowed and what's not. When I do finally purchase my AR I'm going to do it through Maryland (even if it means a transfer)to ensure that I am on the legal side of the law.
     
  2. c3shooter

    c3shooter Administrator Staff Member

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    A FFL Holder may sell a LONG GUN to a resident of any state in a face-to-face sale IF the purchase is legal in the HOME state of the buyer. However, if you HOME state requires a waiting period, the selling FFL must comply with your HOME state law.

    For instance, VA law requires that certain "Assault rifles" may only be sold to a US Citizen, or Emigrant Alien. Federal law permits certain NON-Resident Aliens to purchase firearms. So someone is a student, here in the US on a 4 year student visa, but they are not a US citizen. They have a Virginia hunting license, and reside in Virginia. They may legally buy, say, a Marlin 30-30 rifle, but not an AR-15. They go to South Carolina, which has no such law, and want to buy an AR-15 style rifle. Since Virginia law will not permit it, the SC dealer may not legally make the sale.

    Which is why, along with your FFL, the Feds give you a copy of "State Firearm Laws and Ordinances". About an inch thick. If the PA dealer finds a MD hoop you must jump thru, they are required to hold up the same hoop.

    Disclaimer- I am not a lawyer, nor a dealer- I do hold a FFL as a COLLECTOR, and this is how it has been explained to me. Anyone else? Anyone? Bueller?
     

  3. Yunus

    Yunus New Member

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    That answers my question perfectly. I'm guessing that the dealers that are willing to sell are doing so out of ignorance of the law and not attempting to violate the law. Of course ignorance does not excuse the violation although the unneeded complexity of the law is another topic :)

    Thanks!
     
  4. RL357Mag

    RL357Mag New Member

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    You have a 7 day waiting period AND a SP backround check to purchase long guns???
     
  5. Yunus

    Yunus New Member

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    Only for "Assault rifles" as defined by Maryland. Basically AR's and other military styled long guns. It's really stupid. Also can't buy any magazine larger than either 10 or 15 in Maryland, however you can own a magazine larger. So if you go to a Virginia or PA gunshow and buy a large magazine and bring it to Maryland that's legal but if your gun comes from the maker with a 30 round mag the FFL has to take it before the sale can take place in MD. Plus to buy a new gun in Maryland it has to include a fired shell casing so they can trace it. This program has cost millions and been going on for years and has solved 0 crimes. 1 if you ask the sponsors of the bill but that crime was solved in other ways as well.
     
  6. RL357Mag

    RL357Mag New Member

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    What a bunch of stupid sh!t! Also in NY, since 2001 any new handgun purchase must be accompanied by a fired case which is submitted to the NYSP CODIS system. This presents considerable problems and delays if a gun is purchased from a state which does not use CODIS for tracking spent casings, as the gun must be sent to a NYSP CODIS center by the FFL dealer selling the gun, to fire and store a shell casing before the customer can take possession. A friend of mine waited over a month to get his new Para Ordinance .45 because of this crap. We also cannot have magazines with greater than 10 rd. capacity unless they were manufactured prior to the '94 AWB.
     
  7. OC357

    OC357 New Member

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    Must not apply to used handguns. Either that or 2 seperate local NY gun dealers made 2 seperate mistakes with my purchases very recently.

    Anyway, it is a stupid law.

    Dave
     
  8. RL357Mag

    RL357Mag New Member

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    I believe it's for buyers of new handguns purchased after 2001 - the spent casing would already be on file for used guns sold after 2001.
     
  9. Yunus

    Yunus New Member

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    In Maryland it applies to new guns only. When I moved from AK to MD I brought my handgun with me. If I sell it to another MD resident I have to go through a MD FFL and the state police will do the background check on the buyer but no shell casing is required.
     
  10. RL357Mag

    RL357Mag New Member

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    That's what I tried saying above - the reason is because the shell casing is taken when the gun is first purchased- that casing is assigned to that gun for the life of the gun regardless of how many times it changes hands.
     
  11. AdAstra2009

    AdAstra2009 New Member

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    I thought the Maryland max magazine capacity was 20 rounds?
     
  12. richardnorton

    richardnorton New Member

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    Yunus, I lived in the People's Republic of Maryland before I retired from the Army, just do what I did, move to Texas. Got my Cancealed Handgun License (CHL) and that means no NICS check when buying a gun of any type and no license even needed to carry cancealed in my car. Big difference, even my wife who was born in Baltimore doesn;t miss the People's Republic.
     
  13. ref441

    ref441 New Member

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    FFL Regs

    I cannot speak for any of the states with additional laws; but this applies in Texas and Colorado and most other "normal" states.

    I have an FFL....

    I can sell a handgun or longgun to any resident of Colorado...who (obviously) passes the background check.

    I can sell a longgun to a resident of any state as long as possession of the gun in his home state is legal.

    All gun transfers must take place at my licensed premises...except for bonafide gun shows in Colorado. I can set up and display and take orders at gun shows in other states; but I must come back to Colorado and ship any guns sold to an FFL in the Buyer's area.

    I cannot sell a handgun to a resident of another state. Yes, I can (and have) sell handguns by shipping it to an FFL in the buyer's area. This is standard procedure with Internet sales.

    After a firearm has been in my personal log book for 12 months, I can sell it like any other individual to any resident of Colorado. I can even ship it to a buyer's home as long as I don't use the USPS for handgun shipment. Longguns can be shipped by USPS.