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Purchasing laws

Discussion in 'Legal' started by thasic, Apr 14, 2008.

  1. thasic

    thasic New Member

    I have never bought a gun before and I'm wondering what exactly I have to do to make a purchase. I'm interested in an M1 Carbine or maybe an older model M14 for target shooting and collecting. What licenses do I need? A couple of sites I've looked at require an FFL. I know that's a Federal Firearms License but is that required for a buyer and collector or a store owner. Any insights would be much appreciated. BTW, I live in Maryland, I don't know if that matters.
  2. kingpin008

    kingpin008 Well-Known Member

    First off - welome to THR, fellow Marylander!

    Secondly, how old are you? In general, you need to be 21 to buy a handgun from a dealer. Long guns I believe only require you to be 18.

    Here in MD, handguns (and certain long guns) are considered "regulated firearms" which means that you must fill out the federal 4473 form (Brady Background check form) as well as a seperate MD state form that will be submitted to the MSP.

    As long as you're of proper age and not either a drunk, a felon, a domestic abuser or certifiable, you'll pass the background check. After that it's a seven-day wait to pick up your gun. Non-regulated arms (certain rifles, most shotguns) are cash-and-carry, in the sense that you fill out the paperwork, the dealer calls it in to the instant-check system, and as long as you're "not disapproved", you walk out right then with gun in hand.

    As far as what you read online - the mention of an FFL means that to buy the gun from their site, you need to coordinate with a dealer on your end, who will recieve the firearm from them, and then transfer it to you. Usually there is a transfer fee involved, which can range from very cheap to really expensive depending on where you are and how much of a jerk your dealer is, lol. If you PM me later, I can try to recommend a few less expensive dealers depending on where in MD you're located. Most are fairly high, but there are good ones to be found still.

    Hope that answers your question!

    Oh - Maryland also has a one-gun-a-month law. Basically, unless you have a special collector's license (easy enough to get - it's just a single form that you have to fill out) you are limited to purchasing one regulated firearm every 30 days. Usually not a big deal, but if you're a frequent buyer, the collector's license is a good thing to have.

    Also - Maryland has a law that limits magazine capacity to 20 rounds or less. That means that things like AR's, or AK's that have large-capacity mags will ship to MD with 20 round mags instead. It is not illegal to possess magazines with a capacity greater than 20 rounds - you simply cannot buy them here. If you ever travel to Virginia, Pennsylvania, or other surrounding states, you're prefectly legal to pick up as many high-capacity mags as you'd like and bring 'em back home with you. The only catch is that while in-state, you can't sell them or give them away to anyone else, EVER. Doing so is considered transferring a breach of the "shall not sell or transfer" part of the law. That doesn't mean that loaning your buddy your Glock 17 with 33-round mag a the range for a few shots is illegal - it's not. Just don't sell or trade him any of your mags, and you're good to go.

    Face to Face transfers - are legal in Maryland, provided you follow a few rules. For long guns, you may sell them to any Maryland resident, as long as you are reasonably sure that they are not otherwise disallowed from purchasing or owning a gun. Basically, you meet them somewhere, exchange the gun for the cash, and part ways. Getting a signed bill of sale is always a smart idea, however and should include the buyers signature and driver's license number to be safe. Handguns are a bit different, in that you MUST meet up at a Maryland State Police Barracks to do the transfer. The gun is left in the car, while you and the seller complete the background check inside the barracks. The gun goes back home with you (the seller) and in seven days or less, you will recieve the paperwork that the buyer filled out (the MSP form and the federal 4473) in the mail, with either a "not disapproved" or "denied" stamp on it. If "not disapproved", you contact the buyer, meet up again, and transfer the gun to them then. A little more complicated, but not too bad.

    And that's about it!
  3. thasic

    thasic New Member

    Thanks for the quick reply. I am well above the age of consent, I'm 46. I am a Navy vet, I'm not crazy (although my wife may disagree), I'm not a felon or anything like that, so I should be okay as far as the government is concerned. Of course I'm a conservative and support the Constitution and Second Amendment, so maybe the government doesn't care for me that much, but that is a different issue. If you could give me a couple of dealers that won't take me to the bank, I would really appreciate it. I have been looking at purchasing via the internet, since I think I can get a better deal and I'm looking for something very specific and kind of old so I'm not sure if anyone local will have what I'm looking for.
  4. kingpin008

    kingpin008 Well-Known Member

    Thasic - You've got a PM inbound.

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