C&R Handgun Shipment

Marc1301

One of my guns I put on here looking for information awhile back has sold on GunBrokers auction site. It is a 1940 Walther PP, which I know is C&R eligible, but the fellow that bought it, and has sent me a copy of his C&R, lives in Maryland, and I saw an article that lists this state as one that does not allow private sales! Between figuring out the shipping nonsense through various shippers, and finding different states that have overriding laws, my head is starting to spin! Does anyone know if I can legally ship this gun by FedEx Priority Overnight to a C&R holder in Maryland. If not, can my FFL dealer send it to him,...........or am I relegated to using my dealer's FFL, and the fellow in Maryland having to find an FFL holder on his end to handle it? Keep in mind, I have no FFL or C&R myself. Any info would be most appreciated, as I have no desire to start off 2007 by going to federal prison!!!!!!

nmyers

You are making this more complex than it needs to be.

First, a nonlicensee (you) can legally ship any firearm to an FFL in any state, or to a C&R in any state where that transaction is permitted by state/local law.

In this case, Maryland state law requires that all "restricted weapons" (handguns & assault weapons) transfers be approved by the Maryland State Police. That includes C&R handguns. In order to get MSP approval, you must ship the handgun via UPS/FEDEX Next Day Air to the buyers FFL; it is his responsibility to locate an FFL & send you a copy of the license or the dealer's identifying information.

The only other way to do this is for you to have your local dealer send it to HIS dealer via USPS. However, that probably won't save anything when you include the fees of both FFL's.

The way you find out this sort of thing is to get a copy of State Laws and Published Ordinances - Firearms (ATF P5300.5), or download it from the ATF website.

The buyer should have worked this out with you before bidding. Hopefully, you didn't include a fixed shipping charge in your auction description.

Neal

Marc1301

After some further reading, it appears that a C&R holder in Maryland, can purchase a qualifying pistol from out of state, and have it shipped directly to the address on their certificate. If it is in state though,...........that is where it appears the nonsense starts. Hope I read it correctly.
I also have one more question about all of this, as it is cheaper for me to have my dealer FFL to ship handguns through the USPS, to another FFL holder,............but that does not qualify if it is a C&R FFL holder, that is on the receiving end,.........correct? They both have to be "dealer" FFL's to use the USPS for handguns.

Marc1301

http://home.comcast.net/~dmmcfar/aagbowencandr.pdf

Neal, check this out if you can pull it up, this is what I found on another thread. I put buyer pays actual shipping, so that is not a problem,.........I just don't understand why the guy acted like I should just ship it to him, no problem. He says he buys handguns that are C&R all the time. I understand all of the general "stuff", it is the state specific laws that I am ignorant of, and am finding out that the folks in those states also either don't know, or don't care.

Marc1301

Neal,.......I just downloaded and read the ATF section for Maryland, and I don't see anything that is related in that PDF I posted. I DO see what you are saying though, and it appears that ALL handguns are "regulated", and must go through the approval process.
Thanks

dfletcher

First, you're being a good sport about all of this - it is the responsibilty of the buyer to know the laws in his state and being able to comply & legally complete the transaction.

I have a C & R license, I live in CA and I can receive rifles directly but must go through a FFL Dealer on C & R handguns. In addition I have to comply with a damned "assault weapon" ban & can't receive some C & Rs. I have no expectation that someone in another state will know the CA laws.

If there is any uncertainty as to your compliance with the law I'd tell him the deal has to go through a Maryland FFL Dealer. If sending from your dealer to his is less expensive for you I'd say that's fine.

nmyers

That letter you linked to appears to support the argument that it IS legal for him to receive a C&R handgun, as long as it is being imported into the state of Maryland. Previous interpretation of the regulations did not have an opinion from the Attorney General, & the Firearms Enforcement Division policy was that such a transfer was NOT legal.

But, to be sure, you might want to phone MSP at 410-799-0191 Ext 321, & ask for direction.

The confusion on this subject is understandable. I have repeatedly asked MSP to publish their policies, but, for political & stupidity reasons, they have refused to do so.

You should also be aware that no one has ever been prosecuted for violation of this requirement in the federal law; the overwhelming majority of C&R holders are honest & law abiding citizens. The fellas with the bulges in the cheap suits have better things to do than waste their time on inconsequential technical violations.

Neal

Marc1301

Once again,........thanks Neal, and others, for opinions. You can see I have done all I can do as a non-dealer to do the right thing. I will most likely call the number you mentioned tommorrow, to be sure,............wait a minute, is anything you hear over the phone sure?LOL
These morons don't even know what their own regulations are, and that is why it is so incredibly stupid. People like us can spend hours reading, and calling,........and even then, nothing is guaranteed, as you can note in the last lines from the assistant AG himself! What a "crock". Why don't they start concentrating on "criminals", and stop hassling honest gun owners with all of the never ending BS! Guess the amount of money made off of all of their fees, and applications,...........might have something to do with it!!