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Private firearm sales

X

xd.40

Regular Member
Joined
Apr 28, 2007
Messages
399
Location
Manassas, Virginia, USA
imported post

I was wondering how to go about selling a firearm to a Maryland resident? My understanding is to go through an FFL? Is that a correct assumption? Any other ways? Thanks.


Edit - grammar
 
N

nova

Regular Member
Joined
Aug 19, 2007
Messages
3,149
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US
imported post

If you are a VA resident and the buyer is a MD resident, it HAS to go through an FFL.
 
W.E.G.

W.E.G.

Newbie
Joined
Oct 7, 2007
Messages
503
Location
all over VA, ,
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http://www.mcsm.org/mdlaw.html

PURCHASE
No permit is required to purchase a rifle or shotgun but no firearm or ammunition may be sold to any minor under the age of 18 without express parental consent.

A person may not purchase more than one regulated firearm (defined as any handgun or assault weapon as defined in this section) in a 30-day period. The provisions of this subsection do not apply to: (1) a private security company licensed to do business within the State, (2) the purchase of antique firearms as defined under Maryland law, (3) purchases by a licensed firearms dealer; (4) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement, (5) or a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately if the person provides the licensed regulated firearm dealer with a copy of the official police report which contained the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date which the loss or theft was reported to the law enforcement agency. A person who is not a regulated firearms dealer may not sell, rent, transfer, or purchase any regulated firearm without going through a regulated firearms dealer.

It is unlawful for any person to sell or transfer a handgun to any person whom he knows or has reasonable cause to believe is prohibited from possessing a handgun (see "POSSESSION" above) or if the buyer or transferee is:

a. Of unsound mind
b. Visibility under the influence of alcohol or drugs.
c. Under 21.

Purchase of a handgun or "assault weapon" from a dealer is subject to disapproval by the Maryland State Police during a seven-day waiting period.

The buyer must complete an application form which is sent by the dealer to the State Police for investigation. The applicant is required to provide information regarding his eligibility to purchase or possess a handgun, and a description (including a serial number) of the handgun being purchased. Fingerprints are not required. There is a $10 fee.

The application may be disapproved only if the purchaser is ineligible or if the information supplied is false or incomplete. If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser.2 In no case, however, may the handgun be delivered before seven days, even if the application is approved earlier.

A person whose application is denied may request a hearing within 30 days before the Secretary of State Police, who must hold such hearings within 15 days. At the hearing, and in any subsequent court review, the decision generally will be sustained unless it is shown to have been "arbitrary and capricious."

A person may not manufacture, sell or offer for sale a handgun manufactured after January 1, 1985, that is not included on a Handgun Roster of approved handguns, which roster is compiled by a Board composed of nine members appointed by the Governor for a term of four years. Any person who manufactures a handgun for distribution or sale or who sells or offers for a sale a handgun in violation of this section shall be guilty of a misdemeanor and shall be fined not more than $10,000 (manufacture for sale) or $2,500 (offer for sale).

Such Board is to compile a roster of permitted handguns based upon their usefulness for legitimate sporting, self-protection, or law-enforcement purposes. Such roster will be published semi-annually. A person may petition the Board to place handgun on the roster, but the burden of proof is upon that person that such handgun should be placed on the roster. The Board shall, within 45 days of receipt of the petition, deny or approve such petition. However, if the Board fails to deny or approve the petition within 45 days, the petition shall be considered denied. A petitioner may request a hearing within 15 days from the date of denial. The petitioner shall have the burden of proving that the handgun is useful for legitimate sporting, law-enforcement or self-protection purposes. A person who displays a regulated firearm for sale or transfer from a table or fixed display at a gun who shall first obtain a temporary transfer permit from the Secretary of State Police. A criminal history and background check shall be conducted. If there is no reason to discuss the application, the Secretary shall issue the permit within seven days of the date of application. The cost of an initial temporary transfer permit during the same calendar year is $10.00; an additional temporary transfer permit during the same calendar year shall be issued without charge. A person may not receive more than five temporary transfer permits during a calendar year. Any person who holds a valid pistol and revolver dealer's license under § 443 of the Maryland Annotated Code is exempt from the above requirements.
 
J

johnfenter

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Apr 28, 2008
Messages
209
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, ,
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To be more specific, it HAS to go through a MD FFL for a MD resident to buy it. A VA FFL will not and cannot sell to a MD resident. The "safest" way to do it is to have your VA FFL ship it to the MD FFL and then have the buyer pick it up there. That way, you don't have to deal with the vagaries of trying to ship it yourself, or wit the dangers of trying to transport a firearm in MD.
 
KBCraig

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
imported post

Bill in VA wrote:
Indeed. Under 18USC CH44(a)(3), (5) and (b)(3) an unlicensed person may acquire alonggunfrom within a contiguous state in person at the licensee's shop/licensed premises.
Click to expand...
"Contiguous" was dropped from the federal law in 1986. Current federal law is that you may acquire a long gun in any state, so long as both states' laws allow the transaction.

Many states adopted the "contiguous" language from GCA'68, but not all of them updated their statutes after FOPA'86.

In my local area, Wal-Mart has countertop placards that color the states red and green, to indicate which states' residents may buy long guns at that store.
 
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