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Thread: gif to a MD resident

  1. #1
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    can some one help me on this

    can i legally give to one of my friends in md a hand gun as a gif? no cash at all!!

    -he is not a felon

    -he already has about 20 guns and

    -he is over 40 years old

    the Virginia code only forbids the SALE of guns between states

    but it does not mention gifts from friends





  2. #2
    Campaign Veteran skidmark's Avatar
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    If he lives in Maryland you have to go through an FFL there. Federal law says no interstate sales except via FFL. You can take it with you to the FFL in Md and do the transfer. Just make sure ahead of timethe FFL is OK with accepting a firearm from a non-FFL.

    It's not the money thing, it's the interstate commerce - which hasn't meant selling in decades. It simply means stuff moving across a state line.

    Don't put yourself and your friend in jeopardy of jail time.

    stay safe.

    skidmark
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    Founder's Club Member - Moderator ed's Avatar
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    led for breakfast wrote:
    can i legally give to one of my friends in md a hand gun as a gif?
    sure. Give it to him as a gif a jpeg or a bmp as long as you don't give him the real thing without going through an FFL

    :-)
    Carry On.

    Ed

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    Regular Member ProShooter's Avatar
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    Give them a gun as a gift? and they live in Maryland?

    I would think a better gift would be a pack of those "change of address" cards!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
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    ProShooter wrote:
    Give them a gun as a gift? and they live in Maryland?
    I had to read that twice as I would have expected the gifted gun COMING from Maryland instead. It would have more sense.

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    Accomplished Advocate peter nap's Avatar
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    This isn't meant as insulting so don't take it that way. (Important disclaimer)

    It always amazes me that people ask for advice on the internet, that they ask if they can break a law on a public forum and that people give advice that may be true, but is counter to what most thinking people do.

    May you give a friend In Mary Land a gun without going through an FFL..No! It's illegal

    We recently had someone ask the same question about giving one to his father in Florida... No, It's illegal.

    That's the correct answer..

    Now on to the real world news.

    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)

    Funny, I see old folks wearing them in the summer to keep polllen out. How come the prisons aren't full of those evil felons? I can only guess.

    I wonder if they asked if they could commit that felony on the internet?



  7. #7
    Regular Member ProShooter's Avatar
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    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)

    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    James Reynolds

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    Regular Member wylde007's Avatar
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    Just recently I had a friend of mine "accept" a firearm (shotgun, I believe) from a friend in N.C.

    I advised him that it would be in his best interest to go ahead and have it lawfully transferred from N.C. to VA. We went back and forth (not argumentatively, more from an academic perspective) about the possible ramifications and he finally came to the conclusion that $30 was well worth the cost to avoid a federal entanglement somewhere down the line, as unlikely as that may be.

    Yes, it's stupid. But, it's the "law" and, like so many other "laws" we may find infringing and interfering (like CHP licensing, for interest) we voluntarily comply in order to remain law-abiding. None of us can do our respective movements any good at all locked up in the federal pokey.
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    Accomplished Advocate peter nap's Avatar
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    ProShooter wrote:
    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)

    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    18.2-422

  10. #10
    Accomplished Advocate peter nap's Avatar
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    wylde007 wrote:
    Just recently I had a friend of mine "accept" a firearm (shotgun, I believe) from a friend in N.C.

    I advised him that it would be in his best interest to go ahead and have it lawfully transferred from N.C. to VA. We went back and forth (not argumentatively, more from an academic perspective) about the possible ramifications and he finally came to the conclusion that $30 was well worth the cost to avoid a federal entanglement somewhere down the line, as unlikely as that may be.

    Yes, it's stupid. But, it's the "law" and, like so many other "laws" we may find infringing and interfering (like CHP licensing, for interest) we voluntarily comply in order to remain law-abiding. None of us can do our respective movements any good at all locked up in the federal pokey.
    I gave my son in law a shotgun a few years ago. He is........u....unusual and wanted to have it registered..even though Va doesn't have registration.

    I'm generally known as thoughtful so, I took it back


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    Regular Member TFred's Avatar
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    peter nap wrote:
    ProShooter wrote:
    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)
    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    18.2-422
    Seems like as long as you are doing something that could be reasonably seen as "dusty" (like yard work, or cleaning), exception (ii) would apply:

    (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:

    TFred

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    Accomplished Advocate peter nap's Avatar
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    TFred wrote:
    peter nap wrote:
    ProShooter wrote:
    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)
    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    18.2-422
    Seems like as long as you are doing something that could be reasonably seen as "dusty" (like yard work, or cleaning), exception (ii) would apply:

    (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:

    TFred
    (iv) wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device.

    How about just walking or trying not to catch flu.
    A doctors prescription isn't enough. It has to be an Affidavit.

    I had to remind one of the staff at the General Assembly last week, that the anti flu mask was illegal.

    Bow hunting...maybe they should exempt CHP holders



    There isn't an exception to the police either. All the cops that wear Blaclava's during raids are in violation.
    Bad law just to feel good about keeping the Klan in check, which is where it started.



    Anyway...The point was that unless you're in a coma, it's impossible to go a month without committing a felony.

  13. #13
    Regular Member TFred's Avatar
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    peter nap wrote:
    TFred wrote:
    peter nap wrote:
    ProShooter wrote:
    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)
    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    18.2-422
    Seems like as long as you are doing something that could be reasonably seen as "dusty" (like yard work, or cleaning), exception (ii) would apply:

    (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:

    TFred
    (iv) wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device.

    How about just walking or trying not to catch flu.
    A doctors prescription isn't enough. It has to be an Affidavit.

    I had to remind one of the staff at the General Assembly last week, that the anti flu mask was illegal.

    Bow hunting...maybe they should exempt CHP holders

    There isn't an exception to the police either. All the cops that wear Blaclava's during raids are in violation.
    Bad law just to feel good about keeping the Klan in check, which is where it started.

    Anyway...The point was that unless you're in a coma, it's impossible to go a month without committing a felony.
    I think exception (ii) is broad enough to cover just about anything like that.

    "... protective masks which are deemed necessary for the physical safety of the wearer or other persons"

    Doesn't say who has to do the "deeming", and doesn't restrict "physical safety". One could easily argue that covers flu germs or ... whatever it is that raiding cops are trying to protect themselves from.

    TFred

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    Accomplished Advocate peter nap's Avatar
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    TFred wrote:
    peter nap wrote:
    TFred wrote:
    peter nap wrote:
    ProShooter wrote:
    peter nap wrote:
    Did you know that it is a felony to wear a dust mask in public in Va without an affidavit from your Doctor. (Some exceptions)
    (counting the seconds before someone throws that 4 letter c word out there....no no, the other 4 letter c word.)
    18.2-422
    Seems like as long as you are doing something that could be reasonably seen as "dusty" (like yard work, or cleaning), exception (ii) would apply:

    (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:

    TFred
    (iv) wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device.

    How about just walking or trying not to catch flu.
    A doctors prescription isn't enough. It has to be an Affidavit.

    I had to remind one of the staff at the General Assembly last week, that the anti flu mask was illegal.

    Bow hunting...maybe they should exempt CHP holders

    There isn't an exception to the police either. All the cops that wear Blaclava's during raids are in violation.
    Bad law just to feel good about keeping the Klan in check, which is where it started.

    Anyway...The point was that unless you're in a coma, it's impossible to go a month without committing a felony.
    I think exception (ii) is broad enough to cover just about anything like that.

    "... protective masks which are deemed necessary for the physical safety of the wearer or other persons"

    Doesn't say who has to do the "deeming", and doesn't restrict "physical safety". One could easily argue that covers flu germs or ... whatever it is that raiding cops are trying to protect themselves from.

    TFred
    Are you willing to bet a felony conviction on it, because it is Very speculative? The argument is why put in exception IV if II was intended to cover it.

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    Regular Member TFred's Avatar
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    peter nap wrote:
    Are you willing to bet a felony conviction on it, because it is Very speculative? The argument is why put in exception IV if II was intended to cover it.
    Well I guess it depends. If there was a new disease outbreak, and "everybody" was doing it, then yeah, I'd probably be willing to risk it, but generally, probably not, but I don't have any legitimate reason to need to do so either.

    I suspect the law was written well before the SARS scare came along, and exception (iv) was made because someone in the law-making process said "Hey, what about sick folks?" and that was how they decided to accommodate.

    I would imagine if a law-maker were to be made aware that this law did not cover short lived SARS or flu-type epidemics, they might modify it to do so.

    TFred

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    Accomplished Advocate peter nap's Avatar
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    TFred wrote:
    peter nap wrote:
    Are you willing to bet a felony conviction on it, because it is Very speculative? The argument is why put in exception IV if II was intended to cover it.
    I would imagine if a law-maker were to be made aware that this law did not cover short lived SARS or flu-type epidemics, they might modify it to do so.

    TFred
    It was created during the Byrd administration Fred. Va was the Lynching capitol of the country (Google the word Lynchng) and Byrd wanted to look better.

    A rash of laws were enacted.

    Lawmakers are made aware of this every year includibng this one. As much as I like and get along with McDougle, he introduced a stupid ass amendment to it this year. Not what I wanted, but an exception to medical in the case the Governor declared a state of emergency.

    I don't care about that! I can stay far enough away from people that it doesn't bother me or my family. I care about some Gung Ho Game Warden while I'm hunting

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    Regular Member TFred's Avatar
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    peter nap wrote:
    TFred wrote:
    peter nap wrote:
    Are you willing to bet a felony conviction on it, because it is Very speculative? The argument is why put in exception IV if II was intended to cover it.
    I would imagine if a law-maker were to be made aware that this law did not cover short lived SARS or flu-type epidemics, they might modify it to do so.

    TFred
    It was created during the Byrd administration Fred. Va was the Lynching capitol of the country (Google the word Lynchng) and Byrd wanted to look better.

    A rash of laws were enacted.

    Lawmakers are made aware of this every year includibng this one. As much as I like and get along with McDougle, he introduced a stupid ass amendment to it this year. Not what I wanted, but an exception to medical in the case the Governor declared a state of emergency.

    I don't care about that! I can stay far enough away from people that it doesn't bother me or my family. I care about some Gung Ho Game Warden while I'm hunting
    Ah yes, very interesting. The things they leave out of history class...

    TFred

  18. #18
    Accomplished Advocate peter nap's Avatar
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    TFred wrote:
    peter nap wrote:
    TFred wrote:
    peter nap wrote:
    Are you willing to bet a felony conviction on it, because it is Very speculative? The argument is why put in exception IV if II was intended to cover it.
    I would imagine if a law-maker were to be made aware that this law did not cover short lived SARS or flu-type epidemics, they might modify it to do so.

    TFred
    It was created during the Byrd administration Fred. Va was the Lynching capitol of the country (Google the word Lynchng) and Byrd wanted to look better.

    A rash of laws were enacted.

    Lawmakers are made aware of this every year includibng this one. As much as I like and get along with McDougle, he introduced a stupid ass amendment to it this year. Not what I wanted, but an exception to medical in the case the Governor declared a state of emergency.

    I don't care about that! I can stay far enough away from people that it doesn't bother me or my family. I care about some Gung Ho Game Warden while I'm hunting
    Ah yes, very interesting. The things they leave out of history class...

    TFred
    I've gotten way OT now Fred, but ust incase your search didn't tell where the word Lynch came from and how it concerns Va.

    William Lynch (1742-1820).]
    Word History: In the late 18th century, Pittsylvania County, Virginia, was troubled by criminals who could not be dealt with by the courts, which were too distant. This led to an agreement to punish such criminals without due process of law. Both the practice and the punishment came to be called lynch law after Captain William Lynch, who drew up a compact on September 22, 1780, with a group of his neighbors. Arguing that Pittsylvania had “sustained great and intolerable losses by a set of lawless men... that... have hitherto escaped the civil power with impunity,” they agreed to respond to reports of criminality in their neighborhood by “repair[ing] immediately to the person or persons suspected... and if they will not desist from their evil practices, we will inflict such corporeal punishment on him or them, as to us shall seem adequate to the crime committed or the damage sustained.” Although lynch law and lynching are mainly associated with hanging, other, less severe punishments were used. William Lynch died in 1820, and the inscription on his grave notes that “he followed virtue as his truest guide.” But the good captain, who had tried to justify vigilante justice, was sentenced to the disgrace of having given his name to the terrible practice of lynching.


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    Regular Member riverrat10k's Avatar
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    Guess I am in violation. Wear a camo face mask at least half a dozen times each season in the duck blinds. Illegal? Bah.
    Remember Peter Nap and Skidmark. Do them proud. Be active. Be well informed. ALL rights matter.

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    riverrat10k wrote:
    Guess I am in violation. Wear a camo face mask at least half a dozen times each season in the duck blinds. Illegal? Bah.
    I guess every time I jump on my motorcycle in the cold weatherand wear a facemask to keep the cold wind from turning my face into a popsicle...I'm commiting a felony

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    Regular Member wylde007's Avatar
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    fully_armed_biker wrote:
    I guess every time I jump on my motorcycle in the cold weatherand wear a facemask to keep the cold wind from turning my face into a popcicle...I'm committing a felony
    § 18.2-422 (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;


    TFred wrote:
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:
    Why would you lie to a child? It is generally only illegal for anyone over 12 to go trick-or-treating... and those are ordinanced (locally) not statutory law.

    § 18.2-422 (i) wearing traditional holiday costumes;

    and

    § 18.2-422 (iii) engaged in any bona-fide theatrical production or masquerade ball

    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  22. #22
    Regular Member TFred's Avatar
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    wylde007 wrote:
    TFred wrote:
    Now last Halloween we had a kid (well over 16) show up at our youth group wearing one of those full-head monster masks, and he had some fun with it, but later on when I pulled him aside and mentioned that he was technically committing a felony, and that he probably didn't want to wear it outside of our little group, you should have seen his eyes get big! :shock:
    Why would you lie to a child? It is generally only illegal for anyone over 12 to go trick-or-treating... and those are ordinanced (locally) not statutory law.

    § 18.2-422 (i) wearing traditional holiday costumes;

    and

    § 18.2-422 (iii) engaged in any bona-fide theatrical production or masquerade ball
    Ah... well it was actually more the Halloween "season", a Thursday, probably the 27th. He was the only one "in costume", spent a good deal of time hanging out in the parking lot, and there was definitely not any theatrical production or masquerade ball going on.

    TFred


  23. #23
    Regular Member wylde007's Avatar
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    I think the "season" could be reasonably portrayed as being "Halloween", otherwise the Easter Bunny at the mall could be arrested unless it's actually "Easter".

    A Halloween Party is, in essence, a Masquerade Ball. I can't tell you how many Halloween Parties I've been to where I was the only one who bothered to dress up.

    The "mask" thing is likely a more "accessory" charge that can make your life more difficult, like wearing body armor in the commission of a felony. The cops aren' going to give you too much trouble unless you're loitering outside a store (potentially casing) or driving a vehicle where such mask would impair one's peripheral vision and likely endanger other drivers.

    The kid may have shown poor judgment. That doesn't make him a felon, per-se.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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