The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old November 8, 2012, 02:42 PM   #1
MTHall720
Member
 
Join Date: November 7, 2012
Location: Central Maryland
Posts: 58
OK to trade handgun w/o dealer??

I live in Maryland and was wondering if I would be able to simply trade my pistol for someone else's pistol without having any trouble. I bought my gun through a FFL dealer. Any chance of a legal problem with this??
MTHall720 is offline  
Old November 8, 2012, 03:28 PM   #2
NJgunowner
Senior Member
 
Join Date: February 13, 2009
Location: NJ
Posts: 1,103
In most states face to face transfers are fine as long as both parties are legal residents of said state and aren't a prohibited person for any reason. IE, if it's illegal for you to buy a gun in the store, you can't buy it from private parties either(you're felon or something etc etc). Here in NJ you need a handgun permit but you're fine as long as you have it.

If you need a handgun permit in Maryland (beats me) to buy a handgun, you'd both still need them.
__________________
Sig 1911 Traditional reverse two tone, Sig p226 .40, Sig 556 Swat patrol, Baby Eagle/jerico steel .45
NJgunowner is online now  
Old November 8, 2012, 05:10 PM   #3
MTHall720
Member
 
Join Date: November 7, 2012
Location: Central Maryland
Posts: 58
Thanks very much for your help.
MTHall720 is offline  
Old November 8, 2012, 05:11 PM   #4
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 5,659
If the other party is also a MD resident, and you have no reason to believe that the person is prohibited from buying a firearm under federal law, it is solely a matter of MD state law.

If the buyer is a resident of another state, the handgun transfer must go through a FFL located in the buyer's state of residence. In this case, the handgun obviously must be legal to own in the destination state.

FFL transfers of this type are generally most easily accomplished if the seller meets the buyer at the FFL's premises in the destination state. Many FFLs near state borders can readily explain the procedures for such transfers. Shipping a handgun is a separate and complicated topic that I don't want to address here.
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak
carguychris is offline  
Old November 8, 2012, 10:25 PM   #5
Mr. James
Senior Member
 
Join Date: April 10, 2001
Location: The Old Dominion
Posts: 1,521
Not so fast. You most certainly will have problems with this if you transfer a handgun directly to another Free Stater (haw!)

Quote:
Maryland does not regulate the sale of rifles or shotguns and no permit is required to purchase a rifle or shotgun. Maryland does regulate the sale, transfer, rent and possession of regulated firearms, which consist of handguns and assault weapons. A person who is not a regulated firearms dealer may not sell, rent, transfer, or purchase any regulated firearm without going through a regulated firearms dealer. Alternatively, the prospective seller/transferor and prospective buyer/transferee may complete the transaction through a designated law enforcement agency.
If the NRA-ILA's summary, above, is accurate, neither of you may transfer a handgun to each other, absent the services of an FFL, who will do the 4473, background check, etc., on both pistols, and charge you for his time on both transfers.

http://www.nraila.org/gun-laws/state-laws/maryland.aspx
__________________
"...A humble and contrite heart, O God, thou wilt not despise." Ps. li

"When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law." —Frederic Bastiat
Mr. James is offline  
Old November 8, 2012, 10:51 PM   #6
hermannr
Senior Member
 
Join Date: March 24, 2011
Posts: 730
there is an option there, rather than an FFL you can use the local police...I would assume they mean the MSP? Call them and ask...the federal form is not what MD is worried about, it is their own paperwork.

Quote:
Alternatively, the prospective seller/transferor and prospective buyer/transferee may complete the transaction through a designated law enforcement agency
hermannr is offline  
Old November 9, 2012, 07:15 AM   #7
MTHall720
Member
 
Join Date: November 7, 2012
Location: Central Maryland
Posts: 58
I had no idea there was so much involved with handguns in Maryland. Greatly appreciate the heads up. I have recently seen ads for guns in the classifieds and was wondering if FTF trades were ok. Sounds like I am going to have to go through a FFL. The last thing I ever want is to get into any trouble with the law! Looks like I could do a shotgun trade or buy, but not handgun.
__________________
The price of freedom is Eternal Vigilance
MTHall720 is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:46 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07570 seconds with 9 queries