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Posted: 7/12/2008 4:35:48 AM EDT
I live in VA & am going to my brother's birthday party today. I'd like to give him a handgun (that I currently own) as a gift. He doesn't own any handguns at this point. What are the laws about this in MD? Unless I'm mistaken, he will have to register it, correct? Does he have to do this prior to obtaining it from me? Thanks!

-robert
Link Posted: 7/12/2008 5:44:35 AM EDT
to do it lawfully you would both have to go to an ffl and do a transfer.
Link Posted: 7/13/2008 3:09:53 AM EDT
How about inviting him to your place and giving it to him there?
Link Posted: 7/13/2008 7:04:27 AM EDT

Originally Posted By shrikefan:
How about inviting him to your place and giving it to him there?


How would this make it a different issue?
Link Posted: 7/13/2008 7:04:45 AM EDT
[Last Edit: 7/13/2008 7:05:02 AM EDT by rmeredit]

Originally Posted By shrikefan:
How about inviting him to your place and giving it to him there?


How would this make it a different issue?

ETA: Sorry - double tap
Link Posted: 7/13/2008 10:24:23 AM EDT

Originally Posted By rmeredit:
I live in VA & am going to my brother's birthday party today. I'd like to give him a handgun (that I currently own) as a gift. He doesn't own any handguns at this point. What are the laws about this in MD? Unless I'm mistaken, he will have to register it, correct? Does he have to do this prior to obtaining it from me? Thanks!

-robert


Your primary concern should be Federal rules on transferring a handgun across statelines, not Maryland's rules.

Link Posted: 7/13/2008 5:27:59 PM EDT

Originally Posted By rmeredit:

Originally Posted By shrikefan:
How about inviting him to your place and giving it to him there?


How would this make it a different issue?


What are the rules about transfering a handgun in Va.?
Link Posted: 7/14/2008 6:24:12 AM EDT

Originally Posted By shrikefan:

Originally Posted By rmeredit:

Originally Posted By shrikefan:
How about inviting him to your place and giving it to him there?


How would this make it a different issue?


What are the rules about transfering a handgun in Va.?


Doesn't matter, they live in different states.

Link Posted: 7/14/2008 6:33:06 AM EDT

Originally Posted By Andras:

Originally Posted By shrikefan:

Originally Posted By rmeredit:

Originally Posted By shrikefan:
How about inviting him to your place and giving it to him there?


How would this make it a different issue?


What are the rules about transfering a handgun in Va.?


Doesn't matter, they live in different states.


Exactly. Since both indaviduals live in different states, the Fed law says they must be transfered from VA resident to a MD FFL who then does the paper work for the MD resident. I'm not sure if the VA resident needs to send it via FFL or not. This will take care of the Fed law and the MD law as well.
Link Posted: 7/14/2008 11:52:40 AM EDT
What a f!cken cluster. How hard can it be? If he comes to my house & I give it to him FREE, is it not allowed b/c he is a MD resident?
Link Posted: 7/14/2008 12:09:50 PM EDT
As I understand it, and please someone correct me if I'm wrong, but it's not because they live in MD, you would be breaking a FEDERAL law of interstate transfer of firearms. It doesn't matter where the transfer takes place so much as where the people live. You live in VA, so a VA to VA face to face trans is completely legal (as long as the State laws are followed as well).

In this case, you are a VA resident and they are a MD resident (interstate trans). This type of transfer requires the FFL to be involved on the receiving end. Then, MD requires that the person fill out the paperwork, go through the MSP hoops, and wait the 8 days.
Link Posted: 7/14/2008 1:01:50 PM EDT
[Last Edit: 7/14/2008 1:05:47 PM EDT by Andras]

Originally Posted By rmeredit:
What a f!cken cluster. How hard can it be? If he comes to my house & I give it to him FREE, is it not allowed b/c he is a MD resident?


ATF Says:
(B2) 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]


(B3) 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)]

(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.

Link Posted: 7/22/2008 8:05:42 PM EDT

Originally Posted By rmeredit:
What a f!cken cluster. How hard can it be? If he comes to my house & I give it to him FREE, is it not allowed b/c he is a MD resident?


One word. VARY! As in a pain in the rear all the way. That place has more red tape and $ grabbing FFL's than you can poke a stick @ IMO. Easy way to get it done is to give a MD FFL the handgun and the transfer fee (if he or she will accept from an individual, if not you have to give it to your VA FFL to send to the MD FFL) and have your kin go to the MD FFL, do paperwork, wait for the waiting period (like five days?), and then go back AGAIN and get the handgun. Good luck.
Link Posted: 8/1/2008 9:44:57 PM EDT
height=8
Originally Posted By kahrk-9:

One word. VARY! As in a pain in the rear all the way. That place has more red tape and $ grabbing FFL's than you can poke a stick @ IMO. Easy way to get it done is to give a MD FFL the handgun and the transfer fee (if he or she will accept from an individual, if not you have to give it to your VA FFL to send to the MD FFL) and have your kin go to the MD FFL, do paperwork, wait for the waiting period (like five days?), and then go back AGAIN and get the handgun. Good luck.


Absolutely right. Give/ship to FFL in MD, the MD FFL does all the paperwork, and after 7 days he gets his gift.

BTW, MD FFLs usually go for about 50 bucks.

Don't know what the penalty if he gets caught for having an unregistered handgun in MD though. Although it is HIGHLY unlikely it will ever be discovered (ALA the thousands of unregistered DC owners), but always better to stay on the right side of the law. Hope that helps! :(
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