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MD gun laws?

MarvMarv Member Posts: 76 ✭✭
edited February 2008 in Ask the Experts
I just won an auction for a C&R eligible pistol. The seller lives in MD. I have a C&R license and live in KY. The seller wants to go from his dealer there to an 01 FFL here and that my C&R license means nothing in MD. I'm unable to check with his dealer at this time. I know state laws can trump my 03 FFL and have spent the last hour or so wading through MD's criminal code and haven't been able to locate the section that regulates sales to or from dealers or FFL holders. Can any of you advise if a dealer in MD can ship to a C&R hold out of state? Or, point me to the appropriate section of MD's criminal code? Thanks
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Comments

  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    The seller is confused about everything.

    First, FEDERAL law permits a nonlicensee (that is, the seller) to transfer a firearm to a licensee in any state. So, he can ship directly, without having to go to an FFL to do the shipping. You won't find this in MD law, as state law does not trump federal laws regarding interstate shipment of firearms.

    Second, MD law has no jurisdiction over other states. If the seller has any doubt that KY law permits C&R licensees to receive a C&R handgun, he can look it up in State Laws and Published Ordinances - Firearms (ATF P5300.5) under "Kentucky".

    Finally, the seller can resolve all his doubts by phoning Sgt Allen Albaugh, MSP Firearms Enforcement Division, 410-653-4500, x321. I am certain that Sgt Albaugh will explain everything to his satisfaction.

    If the seller refuses to cooperate further, you would be justified in backing out of the transaction.

    Neal
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  • agostinoagostino Member Posts: 414 ✭✭
    edited November -1
    I'm a licensed Maryland dealer. Sgt. Albaugh's direct number is 410-653-4504. If he isn't there Sgt. Szymanski, head of that group, can answer your questions. Generally Maryland does not recognize the C&R license for transfer of regulated weapons within Maryland between Maryland residents. However, I can transfer a C&R weapon within Maryland to a non-Maryland C&R holder. So shipment of a C&R gun from Maryland to a C&R holder in another state is legal. But I admit there is no convincing some people.
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