C&R Transfer Clarification

seawolf688

Can I a non license holder resident of VA transfer (sell) a C&R qualifying pistol to a 03 C&R holder resident of MD in a face to face transaction?

I'm going blind digging through pages of legal text the past 2 hrs... Mainly confused with MD pistol registration laws??

If this is a legal transfer, what docs do both parties need to hold onto after the fact.

Thanks

nmyers

You won't find it in writing. The Maryland State Police were given an opinion by the Maryland Attorney General's office, but, due to political considerations, MSP will not commit that decision to writing.

That decision was that MD C&R holders can acquire & bring into the state any firearm, including a handgun, that is considered a C&R. MD C&R holders cannot acquire a handgun that is IN the state without following the "regulated firearms" procedure, which involves having MSP run a background check. You should retain a copy of the purchaser's C&R & drivers license for your records.

If you want to verify this information, phone Sgt Allan Albaugh at 410-653-4500 X321.

Neal

magicmanml2

If face to face transactions of private parties are legal in VA it really doesn't matter if he has an 03 FLL.
In texas i can do any face to face transaction
I have a 03 FFL
all i have to do is keep of a log of the gun and who it was acquired from.

dfletcher

quote:Originally posted by nmyers
You won't find it in writing. The Maryland State Police were given an opinion by the Maryland Attorney General's office, but, due to political considerations, MSP will not commit that decision to writing.

That decision was that MD C&R holders can acquire & bring into the state any firearm, including a handgun, that is considered a C&R. MD C&R holders cannot acquire a handgun that is IN the state without following the "regulated firearms" procedure, which involves having MSP run a background check. You should retain a copy of the purchaser's C&R & drivers license for your records.

If you want to verify this information, phone Sgt Allan Albaugh at 410-653-4500 X321.

Neal


This is the same as CA state law regarding use of the federally issued Type 03 C & R. I believe the basis is simple, each state (CA & MD)seeks to limit use of the C & R when any aspect of the transaction occurs inside the state, but they can not regulate when all aspects of the transaction occur outside their boundries.

For example, CA (like MD) can not influence use of the federally issued C & R Type 03 FFL when the holder is physically outside the state. Therefore a CA resident with a C & R, when present in NV for example, may "cash & carry" a handgun and upon return to CA comply with CA law. However if a NV resident traveled to CA to sell a C & R handgun to a CA resident with a C & R, they would have to go through a Type 01 FFL Dealer.

Basically, being outside a restrictive state permits you to follow federal regulations with respect to the Type 03 C & R FFL.