| Author | Post |
|---|
OC-Aviator
Regular Member
|
Posted: Thu Nov 5th, 2009 11:29 pm |
|
My wife's grand father wants to give me an M-1 Carbine that he has had forever as a gift.
The only issue we want to get past is that he is in MD and I am in WA.
I am not familliar with MD laws, so does he have to transfer the rifle to me, or is there rifle registration at all in MD.
We can handle the shipping aspect.
So if you know the answer spell it out. I have to explain this to a 75 year old man so he knows exactly what he has to do. Please quote state law and post a link if you could to back up what you are saying.
Any help would be appreciated.
|
eddyys
Regular Member
| Joined: | Thu Oct 8th, 2009 |
| Location: | |
| Posts: | 56 |
| Status: |
Offline
|
|
Posted: Fri Nov 6th, 2009 05:44 pm |
|
It is unlawful for any person to sell or transfer a regulated firearm to a person whom he knows or has reasonable cause to believe:
• Is under 21;
• Has been convicted of a disqualifying crime;
As for private transfers that is all I can find. I would wait for further responses.
|
echo6tango
Regular Member
| Joined: | Wed Jul 18th, 2007 |
| Location: | Maryland USA |
| Posts: | 227 |
| Status: |
Offline
|
|
Posted: Sat Nov 7th, 2009 01:47 am |
|
If you wanted an easy answer, you would have to ask this question about a state other than Maryland, so...here goes.
I don't see the M-1 Carbine specifically listed on the Maryland "regulated" firearms list found in Article - Public Safety §5–101 as listed under section (p) “Regulated firearm” halfway down the page at: http://mlis.state.md.us/asp/web_statutes.asp?gps&5-101.
However, everything that I have found for Maryland that deals with firearm transfers between in-state individuals or individuals between different states specifies "regulated" firearm.
To make it even more confusing, Article - Public Safety §5–204 (http://mlis.state.md.us/asp/web_statutes.asp?gps&5-204) speaks to the purchase of rifles or shotguns by out of state residents...however, only specifies four states?
(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.
(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State. - and this is talking about a "purchase" and not a "gift"
Check out this website:
http://www.mdgunsafety.com/mspfaq.htm
From the website:
Q: May a person that lives in another state sell a regulated firearm to a resident of this state?
A: Yes, however, the purchaser must make arrangements to have the firearm shipped to a Regulated Firearms Dealer in this state.
INAL, but I would say that if you can sell or transfer a Maryland "regulated" firearm between residents of different states, that selling or transfering a "non-regulated" firearm between states would not be difficult. You can always try and give a call to the contact below and ask for specific guidance. Every time I've talked to those folks, they've been very professional and helpful, so I hope you have the same experience if you call. Again, INAL, but I would wager that the MD State Police would tell you to transfer it between FFLs in either state at most or just throw it in a box and ship it at the least...depends on who you get on the phone.
From the website:
Further questions can be directed to:
Maryland State Police, Regulated Firearms Registration Section
1111 Reisterstown Road
Pikesville, Maryland 21208.
The business hours of operation are Monday – Friday, 8:00 am to 5:00 pm.
You may call 1-410-653-4500 or 1-800-525-5555.
Semper Fidelis
Last edited on Sat Nov 7th, 2009 01:48 am by echo6tango
|
NavyLT
Regular Member
|
Posted: Sat Nov 7th, 2009 05:11 am |
|
OC-Aviator wrote: My wife's grand father wants to give me an M-1 Carbine that he has had forever as a gift.
The only issue we want to get past is that he is in MD and I am in WA.
I am not familliar with MD laws, so does he have to transfer the rifle to me, or is there rifle registration at all in MD.
We can handle the shipping aspect.
So if you know the answer spell it out. I have to explain this to a 75 year old man so he knows exactly what he has to do. Please quote state law and post a link if you could to back up what you are saying.
Any help would be appreciated.
It's very easy. The gun is not on Maryland's regulated firearms list, which really has no bearing on this anyway.
http://www.mdsp.org/downloads/assault_weapons.pdf
Here is a synopsis of Maryland law:
http://www.mcsm.org/mdlaw.html
There is really nothing in Maryland law about transfer of a rifle.
In order to comply with Federal law, 18 USC 922(a)(3) and 18 USC 922(a)(5):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
1. You find a Washington FFL (Dealer) who will accept the rifle from your grandfather-in-law. You obtain from that FFL a signed copy of their FFL (License). Check around, some dealers are cheaper than others for transfers.
2. You mail the signed copy of the FFL to your grandfather-in-law. I think fax works too, but probably mail is the best thing.
3. Your grandfather-in-law boxes up the UNLOADED rifle, takes it to the local US Post Office along with the copy of the receiving FFL and tells the clerk at the counter that he wants to mail the UNLOADED rifle to the FFL.
4. Counter person might want to check the gun is unloaded, might want to see the copy of the FFL.
5. Box is sealed up and mailed to the Washington FFL.
6. You go to the Washington FFL after the gun arrives, fill out a form 4473, show your Washington ID or Driver's License. FFL calls NICS. You pay the FFL their transfer fee and leave with the gun.
IF you want to make things a little easier, your grandfather-in-law finds an FFL in Maryland. You give your grandfather-in-law the phone number of the FFL in Washington who will receive the gun. Your grandfather-in-law pays the FFL in Maryland to send it to the Washington FFL. He will need to the tell the MD FFL the phone number of the Washington FFL.
Last edited on Sat Nov 7th, 2009 05:14 am by NavyLT
|
Current time is 01:26 am | |
|
|
|
