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October 5, 2015, 09:44 PM | #1 |
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Transporting a gun thru DC and Maryland
So I've done a search on the interwebs, and I can't seem to find a definitive answer to this.
Here's my question. I'm in Texas. I have an old High Standard 22 revolver I'd like to gift to my brother in Maryland. Shipping it is not out of the question, but likely to cost as much as the gun is worth. So I have business in DC coming up and I know I can carry it in a locked container in my luggage. And so here's where it gets interesting. I will land in Virginia at Reagan National. No big deal there I think. But I will hop the Metro to ride through DC. Gun still locked away in my luggage. No ammunition. Will eventually clear to Maryland suburbs. Gun still locked away. Hopefully get one of my brothers to pick me up at Metro station. Does anybody understand the laws/rules of DC and Maryland re the transport of such a gun? I'm pretty confused. Should I forget the whole thing? Prepare to crowd source my bail? Or bit the bullet and ship FFL to FFL? |
October 5, 2015, 10:38 PM | #2 | |
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"Use extreme caution when traveling through Washington, DC with a firearm." From what I understand, the handgun must be unloaded and stored in a locked container. You can only legally transport the gun if you are traveling to/participating in a "lawful recreational firearm-related activity". If I'm interpreting this correctly, you need to be traveling to a shooting range for this to be legal. If you are stopped, you need to prove to a law enforcement officer that you are on your way to a shooting range. One article I located online indicates that there are no shooting ranges on the Metro or bus lines. The author suggests that this could open you up to some legal issues if stopped. After reading the various laws and people's interpretation, I'd ship it to a FFL. Is private shipper to FFL not an option here? It's not worth the potential headache IMHO. |
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October 5, 2015, 10:41 PM | #3 |
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Unlike questions about automobile travel through anti-gun states or cities, this question involves actually carrying the gun in your hand bag, which would be considered "on or about the person" and would be illegal in both D.C. and MD without a license (and in many other states as well, not all as anti-gun).
My advice is don't do it.. Have your brother contact a local dealer in MD, and have that dealer send an FFL copy to your dealer in Texas, who will ship the gun to the MD dealer, where your brother can pick it up. (If the gun is not a C&R, he will have to have, or obtain, a MD Handgun Qualification License.) Believe me, the cost of shipping will be a lot less than the cost of making bail, even if eventually no charges are brought. And I don't need to say that going to prison is not something you want to do to save a few dollars. Edited to note that a shipping dealer is not necessary, but your brother should make sure the MD dealer has no problem accepting a shipment from an individual before you ship it yourself. Either way, make sure the shipper (you or your dealer) has the MD dealer's FFL before shipping. Jim |
October 6, 2015, 06:07 AM | #4 |
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Here's a thought. What if the brother has his license and picks you up at the airport? Does that change the options at all? Still have to drive through DC at some point so maybe not.
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October 6, 2015, 06:30 AM | #5 |
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Traveling THROUGH would be covered by FOPA.
But once you hit the state that's your destination you're screwed AFS
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October 6, 2015, 06:40 AM | #6 |
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Thanks. Precisely the way I read the rules and articles .... Clear as mud. I suspected as much. Not sure he has a MD permit, probably not, so that further complicates a FFL transfer.
I was hoping to make this a surprise. Maybe I'll send him a picture and tell him he needs to drive to Texas to get it. Thanks guys for your thoughts. |
October 6, 2015, 07:05 AM | #7 |
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I simply would not do it. If the gun is not worth the price of shipping, then it is not worth the risk of a criminal offense. You certainly do not want to risk never being able to buy or own a firearm in your future. Just my gut reaction.
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October 6, 2015, 07:25 AM | #8 |
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The gun may not be worth much, but the downside if you are caught is huge. My FFL only charges $10 to ship a gun and can ship by USPS, so it's really quite inexpensive.
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October 6, 2015, 07:47 AM | #9 |
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Space coast has good advice as do others. I travel with work and have moved several times across state lines. Even the moving companies have stopped moving guns for the vagueness and irregular stupidities of our gun laws. Doesn't it make you feel more secure that you are having so much trouble and angst just trying to give your brother a family heirloom???
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October 6, 2015, 07:50 AM | #10 |
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PS - Also be aware that if you have a flight connection through New York city the Transportation Authority there seizes properly shipped and labeled checked guns. They do this because the passenger that is only passing through their fine city has to prove that the city in the state of departure and the city in the destination state do not have any laws forbidding the gun or possession of.
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October 6, 2015, 08:52 AM | #11 |
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Transfer in MD MUST be done via someone with an FFL if from out of state. Handgun must be on the written approved list. If you do not have an MD HQL you're in violation. It doesn't matter where you're from just being here in MD is enough. There have been a few incidents.
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October 6, 2015, 09:50 AM | #12 |
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Have him come and get it. A win-win situation ~ you'd both be in Texas!
Bob Wright
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October 6, 2015, 10:14 AM | #13 |
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As the receiver is a Maryland resident, I believe the transfer must be done in Maryland.
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October 6, 2015, 10:38 AM | #14 | |
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Have an FFL in Texas ship it to an FFL in Maryland. |
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October 6, 2015, 11:12 AM | #15 | |
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The donor would need to go to an MSP barracks & admit to a LEO that he was illegally transferring a firearm of the "regulated type" without a MD HQL. Probably not a real smart move.
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October 6, 2015, 11:24 AM | #16 |
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Aguila Blanca and mehavey hit the nail on the head: You can't give the gun to him in a private transfer no matter where the transfer takes place, and you can't do a transfer through an FFL anywhere but in his state of residence. That's federal law, not state law; make sure you also include considerations for Maryland law.
Per federal law, if you want to gift, sell, or otherwise transfer a firearm to a resident of another state, that transfer MUST be done through an FFL. If it's a long gun, that transfer can happen at an FFL in either the transferee's or the transfer's home state (provided that long gun is legal in both states). If it's a handgun, the transfer MUST occur at an FFL located in the transferee's home state. So the only way for you to avoid a federal felony is for the transfer to occur at an FFL in the state of Maryland. You can either take it there physically (be careful, Maryland has some wacky laws), you can ship it FFL-to-FFL, or you can ship it directly to the FFL yourself (check with the FFL first; many FFLs don't accept gun shipments from private individuals). It seems like a lot of people aren't aware of this requirement of federal law, because I can't tell you how many times I've heard of things like a father visiting from out-of-state and giving his son his childhood .22 rifle. But a face-to-face transfer like that is breaking federal law because it's occurring between two residents of different states.
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October 6, 2015, 11:33 AM | #17 | |
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October 6, 2015, 02:11 PM | #18 | |
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Does the reference to a vehicle in the law mean only vehicular interstate transport is covered? Or, is the definition of transport limited to movement by vehicle? I agree it's not worth the risk of being someone trying to set case law on the matter. People have been arrested at JFK in NY for trying to declare their firearm to TSA when checking in for a departing flight. This after transporting the gun with no problem on a flight to JFK while following TSA's rules, which conform to the statite above. The gun is illegal if the passenger's final destination is NYC, but if you land at JFK, rent a car, and drive to your final destination outside the city where the gun is legal, then there should be no problem. But, it doesn't seem to work that way. I've flown in and out of O'Hare with no problem at all, despite Chicago's paranoia about guns. I called the Illinois State Patrol about how to do it legally, and I got the same story as the statute tells. And to get the bag with the locked gun case onto the plane, I had to carry the bag from the parking lot into the terminal to find the TSA guy who issues the gun "ticket." In Chicago, carrying an unloaded gun in a locked case while wandering the parking lot and terminal obviously isn't considered a violation of their laws, but I was engaged in interstate transport. |
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October 6, 2015, 04:01 PM | #19 |
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The key words are "readily accessible"; a gun in a hand carried bag, even if in a locked case, could be considered "readily accessible". The FOPA is a law with good intent, but poorly written and totally oriented toward transport in a private vehicle. Lawyers could argue about whether transport by a hand carried bag is covered, whether horseback is included, whether the pilot of a UFO carrying his ray gun is included. But while that goes on, someone sits in jail. IT IS NOT WORTH IT!
Have the brother contact a local MD dealer and have the gun shipped to him. That should not be too hard to understand. If the brother doesn't know a MD FFL dealer, he probably is not interested in shooting anyway, so gift the gun to somebody else. Jim |
October 6, 2015, 04:24 PM | #20 |
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It does not matter even 1/1000 of 1% HOW you transport into MD. It does matter101% that without a current MD HQL you are committing a felony IN the State of Maryland.
In addition you are not "passing through" MD, you are TRANSFERRING IN the state of Maryland, a second felony. It MUST be done between 2 FFLs or, if totally within the state of MD (NOT coming in) at a barracks with police supervision & checking for the NICS.
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October 6, 2015, 06:15 PM | #21 |
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Not interested in committing a felony. Not interested I having a felon for a brother.
Maybe I'll just send him a pic. And recommend that he move to Texas. Thank you all for your guidance, thoughts and research. |
October 6, 2015, 08:52 PM | #22 |
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Why do you have to ship it to an FFL? Can't you just mark it small arms and send it Fed Ex to him?
Where I live (NC) a private citizen can give a gun to a friend or relative as long as we know in good faith that it's legal for that person to own it. We don't need a permit or background check unless we happen to be an FFL and then none of this applies and you have to treat everyone as a customer. edit--- Never mind, I have no idea of the laws of NC after doing more research. Apparently the state requires a permit for all transfers but leaves it up to the county to enforce it. The county I live in says not to bother if it's a gift but strongly recommends not giving them as gifts and instead give a gift certificate to a licensed FFL. Last edited by mkiker2089; October 6, 2015 at 09:00 PM. |
October 6, 2015, 09:50 PM | #23 | |
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October 7, 2015, 08:24 PM | #24 |
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do not go on the metro with the gun. cab or car? sure and have locked in trunk, apart in separate bags. metro? heck no. md and dc will make you go through hell even if you follow the law. shipping is definitely the best way imo
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October 7, 2015, 08:45 PM | #25 | |
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wogpotter got to the nub of the matter -- the FOPA is irrelevant because the OP's final destination is MD, and the laws there do not allow him to possess the gun.
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