Virginia resident private sales to Maryland

[Huntolive]

What is the actual law for VA residents selling semi-auto rifles to MD residents?
Can someone in a private sale in private and/or at a gun show who is a VA resident legally sell a firearm to a MD resident currently?

 

[Babarsac]

The transfer must be done through a FFL.

The only exception I can think of is selling a C&R eligible firearm to a C&R holder.

 

[Black Knight]

If the buyer is from Maryland and it is a handgun the transfer must be done through a Maryland FFL.

 

[md2lgyk]

If the buyer is from Maryland and it is a handgun the transfer must be done through a Maryland FFL.

That is indeed true; however, the OP asked about selling a RIFLE.

 

[Ohen Cepel]

Takes an FFL to sell across state lines as I understand it. I wouldn't do it without and FFL involved.

Add to it the mess md is now and I would be even more careful!
I'm stuck in md and know it sucks HUGE.

 

[Sam1911]

The transfer must be done through a FFL.

Bingo!

The transfer can take place at either an FFL dealer's shop in MD or in VA. Or at a dealer's table at a gun show in either MD or VA.

This works because it is a rifle. (Shotgun is the same.) A handgun would have to transfer in the BUYER's state.

Now, being MD, there are other hoops to go through for some firearms. Certain semi-autos have the same restrictive process as handguns.

Regardless of what dealer does the transfer, they will have to follow ALL the laws of BOTH states in making the transfer. For a sale to a Marylander that probably means a waiting period of around two weeks.

What rifle is being sold?

 

[Frank Ettin]

Any transfer of a gun from a resident of one State to a resident of another will involve issues of both state law and federal law.

I've posted this numerous times, but here is the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

• Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
  
  
• In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
  
  
• In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
  
  
• There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
  
  
• The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
  
  
• Here's what the statutes say:

  18 U.S.C. 922. Unlawful acts
  
  (a) It shall be unlawful—
  ...
  
  (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
  
  

  (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
  
  (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

  
  ...
  
  (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
  
  

  (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
  
  (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ....
  
  (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
  ...
  
  (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
  
  

  (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
  
  (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ...

 

[swinokur]

Effective Oct 1 MD now prohibits many "evil looking black rifles". Below is the law. The list of now prohibited weapons is contained herein. If you legally possessed the firearm before Oct 1 it is legal to bring into MD but you must register it with the MSP within 90 days if you intend to establish residency. It is ok to come into MD with your pre Oct 1 rifle and then go back out of state if you intend to go to a range, etc.

The strike throughs are portions that have been deleted fro the final law.

 

[Jim K]

It is legal to bring it into MD but only to a MD licensed dealer who cannot sell it in MD. In other words, no one can sell an "assault rifle" to an individual in MD, no matter how or when it came into the state.

Jim

 

[mgkdrgn]

The actual Federal law between MD and VA residents is the same as it is for all residents of different states.

Sale must go through an FFL in the buyers home state.

 

[Huntolive]

Thanks to all of you. FFL all the way. Glad I live in Virginia!

 

[Jim K]

"FFL all the way." Somehow the point was missed. A resident of VA can't sell an "assault rifle" to a resident of MD. Period. If the sale takes place in VA, the MD resident violates the law by bringing the gun into MD. The VA resident can bring the gun into MD to deliver the gun to a MD licensed dealer (an FFL is NOT enough). But the dealer can't sell it in MD. The FFL makes no difference; the dealer can have FFL's stacked to the ceiling; MD law says he can't sell that gun in MD.

(I hope that you remember on election day which VA gubernatorial candidate wants to force even harsher laws on VA.)

Jim