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Posted: 11/28/2012 6:41:41 AM EDT
MD members,  a question for you since I dont frequent this board really, and I dont live in your state.

People I know, residents of MD, have been talking with me about getting a handgun for the home, and to obviously get some range time with once in a while.  I know nothing about the laws there, except that its pretty strict, and you can pretty much only transport a handgun, unloaded, to a "qualified destination".

No carry permits seem to be issued unless you're in LE.

That's about the extent of my "knowledge" of MD gun laws.

Now the biggest question, the couple is married and have been talking over getting a handgun for a while as I said.  However, the wife has asked my opinimon about her buying the gun as part of Christmas for her husband.  Cool wife, yeah, but I don't think this is the legal way to do it is it?  In any state, either, right?  One of the questions on the 4473 is about you purchasing the gun for yourself isnt it?  So the husband would have to be there if it's to be his gun.  However, if she buys it, since they are married, would it be fine for him to still take it shooting, etc...?

In PA, husband/wife transfers require no paperwork, there is no registration, etc....not sure about MD.  Although I believe the purchase still falls to a federal level if you intend to buy one for someone else at the time of purchase correct?  That person would have to be present at time of purchase.

Correct me if Im wrong.  Ive purchased a gift handgun for my mother, but she was present and filled out the paperwork, I just paid the bill.  Im guessing this is how any similar purchase would have to go, in any state.

Thanks for any advice I can pass on to them.
Link Posted: 11/28/2012 9:54:46 AM EDT
[#1]
Legal. It's not a straw purchase but a gift.

§ 5-136. Straw purchases


(a) Scope of section. --

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.


(b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.


They can get a Form 77R from a local MSP barracks.

to clarify:
She buys the handgun and does the paper work and 7 day wait.
At Christmas she wraps it up and sticks it under the tree.
Within 5 days they have to go to the MSP barracks and fill out a copy of Form 77R and mail it in.


Link Posted: 11/28/2012 3:53:21 PM EDT
[#2]
Quoted:
Legal. It's not a straw purchase but a gift.

§ 5-136. Straw purchases


(a) Scope of section. --

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.


(b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.


They can get a Form 77R from a local MSP barracks.

to clarify:
She buys the handgun and does the paper work and 7 day wait.
At Christmas she wraps it up and sticks it under the tree.
Within 5 days they have to go to the MSP barracks and fill out a copy of Form 77R and mail it in.




Excellent, thanks for the guidance, especially the part in green.  I will pass the info on, appreciate it.
Link Posted: 12/10/2012 3:01:40 PM EDT
[#3]
Quoted:
Quoted:
Legal. It's not a straw purchase but a gift.

§ 5-136. Straw purchases


(a) Scope of section. --

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.


(b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.


They can get a Form 77R from a local MSP barracks.

to clarify:
She buys the handgun and does the paper work and 7 day wait.
At Christmas she wraps it up and sticks it under the tree.
Within 5 days they have to go to the MSP barracks and fill out a copy of Form 77R and mail it in.




Excellent, thanks for the guidance, especially the part in green.  I will pass the info on, appreciate it.






Remember to leave your gun in the car trunk unloaded locked and encased before entering the barracks.
Retrive your gun only when they say so to check the serial numbers. Do not enter the barracks with a loaded gun or mag.




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