Trying to buy a gun from a friend across a state line

[talldean]

I don't know where to find the legal info on this, so figured I might ask here.

A friend wants to sell me a handgun, and I wish to buy it. He is in Pennsylvania, and I am in Montgomery County, Maryland.

I know it has to be shipped to an FFL here, but I don't know of one (near me) that charges less than $50, which seems high.

I do not know if it may be shipped by my friend, or if it must be shipped by an FFL in PA. I'm assuming he can't drive it to a local FFL here, and just do the transfer in person, either.

Legal opinions? Links?

 

[Brad Johnson]

In general terms the ATF's concern is possession, not mode of transport. If state law allows, your friend can carry the weapon across a state line and hand it directly to your chosen dealer. People do it all the time to go hunting and such. The ATF's web page addresses a few issues about how to ship firearms, but says nothing about not being able to hand-carry them to the transferring FFL.

However...

You can't go get it and bring it into the store for the transfer. You would be in violation of interstate transport regs since you, the non-owner, has transported the weapon across state lines. The real-world end result might be the same but the legal eagles don't care.

Brad

 

[talldean]

Yeah. I just need to track down Maryland law. Most likely will have him ship it from an FFL local to him, but would prefer to save the loot and have him ship it himself.

 

[geekWithA.45]

Errr....can't you ship overnight to an FFL/gunsmith via common carrier, like fedex?

 

[Brad Johnson]

An individual can ship directly to an FFL in any state (although some FFLs will try an argue otherwise).

Directly from the BATF(e) FAQ page...

(B8) May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. (bolding mine -Brad)

Brad

 

[talldean]

Thanks, all!

Time to track down a less-expensive FFL around here, and negotiate a price for my belated birthday present to myself.

 

[Kael]

talldean;
something else to keep in mind, b/c of MD's **** "ballistic fingerprinting" law, you may not be able to have the pistol transfered to you unless the MSP has a shell casing on file for it. I could be mistaken, but I'd talk to an FFL before you commit to anything with the buyer.

unfortunately, 50$ seems pretty common for an MD regulated transfer. its telling that it cost about the same to do a class III transfer...

 

[talldean]

Followup

The local shops in the other state want $50 + FedEx to mail it out.
My local shop wants $75 to transfer it in and do the paperwork. I don't see many cheaper options in Maryland, unless I'm going on a long, long drive, and spending the savings on wear and tear on the car.

My friend was selling this to me for $200, and I could buy it brand new for $325.

Looks like a no-go to me.

 

[Polishrifleman]

Can you meet at an FFL half way? I don't know anything about the Maryland law mentioned above but would like to learn more. Does that mean if you owned guns prior to the law that you had to fire them in front of some authority figure and turn over a casing? Sounds like a "new" gun law to me but as stated would love to learn more.


I can say that I have purchased guns in an adjoing state from both private parties and FFL's and the process is fairly simple and legal. From an FFL just buy it, if buying from a private party meet at a willing FFL (that means willing to do the transfer and keep the paperwork on file) in either state and buy it. Waiting periods for handguns play a role in this type of transaction if the state has such restrictions. That sounds like a win win, meet your buddy re-hash old times and keep a firearm in "the family".

 

[wdlsguy]

I'm assuming he can't drive it to a local FFL here, and just do the transfer in person, either.

The Feds are okay with it. Is Maryland okay with a Pennsylvania resident bringing a handgun into Maryland?