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I may have a problem.Please help.
Boogie_Mann
Member Posts: 2 ✭✭
I use to have a SA Romanian AK-47.Long story short,i sold the gun to a private buyer.I was told that it was legal to sell a firearm privatly as long as you mad a bill of sale.I wasnt sure of this,so i asked a few other friends,and they said it was fine.But i was recently told by another friend,that what i did was highly ILLEGAL.Im still not sure.But if it is illegal,someone PLEASE tell me what i should do.Thanks.
Comments
You will also be governed by state law and local ordnance. Some places don't restrict private sales, some do.
Best to check your State gun law.
If he declines even with you paying I think that would be a concern. Hopefully this fellow is also a resident of MD, yes?
I don't know MD's AW laws - you should look into those also.
Again, all I did was search "private gun sales MD" and got a bunch of hits with info asserting an FFL was required.
Here is a link to MD gun laws, from what I see this long gun is a "regulated firearm" and subject to certain restrictions, one of them being use of an FFL. There are also purchase and age restrictions not found on other long guns.
http://www.lcav.org/states/maryland.asp#SecondaryPrivateSales
From what I'm reading on line gun sales in MD are supposed to go through an FFL if they meet certain criteria. If you have info on the person you may want to contact him and go through an FFL as though the deal is just being done. It may even be worthwhile for you to offer to cover the cost.
If he declines even with you paying I think that would be a concern. Hopefully this fellow is also a resident of MD, yes?
I don't know MD's AW laws - you should look into those also.
Again, all I did was search "private gun sales MD" and got a bunch of hits with info asserting an FFL was required.
Here is a link to MD gun laws, from what I see this long gun is a "regulated firearm" and subject to certain restrictions, one of them being use of an FFL. There are also purchase and age restrictions not found on other long guns.
http://www.lcav.org/states/maryland.asp#SecondaryPrivateSales
Mr. Fletcher is correct. An AK47 is a regulated firearm in Md. As such, it is subject to the same process as a handgun. All sales must go thru an FFL or be done at a State Police barracks with both parties present. The 7 day waiting period applies while the background check is being done. The buyer will have to take the Maryland firearms safety training course and have their card with them when the application is filled out. MSP charges $10 for the service. Here is a link to a website that you might find useful. I hope that there were no magazines over 20 rounds with the sale as it is illegal to sell or purchase these in state. Possession is not illegal.
http://www.mdgunsafety.com/faq.htm#all
First, you need to figure out what model rifle you sold. There is no such thing as an "SA Romanian AK-47". Could it have been a Romanian WASR?
The exact model does matter. MD law requires MSP approval of the transfer of certain so-called assault weapons, not all. If a rifle is on the MSP restricted list, or is similar to one on the list, approval is required. A Colt AR-15 is restricted, but a Colt Target Match is not. If you have a record of the model rifle you sold, you can call SGT Albaugh of the MSP Handgun Licensing Section at 410-653-4504 & he will tell you if it is restricted.
If the rifle requires approval, & you are able to contact the buyer, he may be willing to go to MSP & go through the process. (There is a $10 fee.) You should have copied his drivers license information at the time of sale. [:I]
The danger to you is that the buyer may have the rifle stolen & report it to the police, or that he may use it to commit a crime. If there is paperwork leading back to you, then there could be legal consequences.
THIS is the reason I urge everyone to insist that all transfers go through an FFL, even though a FTF may be legal in your state.
Neal
It depends.
First, you need to figure out what model rifle you sold. There is no such thing as an "SA Romanian AK-47". Could it have been a Romanian WASR?
The exact model does matter. MD law requires MSP approval of the transfer of certain so-called assault weapons, not all. If a rifle is on the MSP restricted list, or is similar to one on the list, approval is required. A Colt AR-15 is restricted, but a Colt Target Match is not. If you have a record of the model rifle you sold, you can call SGT Albaugh of the MSP Handgun Licensing Section at 410-653-4504 & he will tell you if it is restricted.
If the rifle requires approval, & you are able to contact the buyer, he may be willing to go to MSP & go through the process. (There is a $10 fee.) You should have copied his drivers license information at the time of sale. [:I]
The danger to you is that the buyer may have the rifle stolen & report it to the police, or that he may use it to commit a crime. If there is paperwork leading back to you, then there could be legal consequences.
THIS is the reason I urge everyone to insist that all transfers go through an FFL, even though a FTF may be legal in your state.
Neal
Thats a BS arguement IMO.
Attached is the list from MD State Police - it simply lists "AK-47" and asserts all variants are regulated:
http://www.mdsp.org/downloads/assault_weapons.pdf
Regardless of the gun issue, sale or transfer of a 20 round magazine is illegal but possession is not. "I didn't sell a magazine" is perhaps the best route?
Supposing the firearm is regulated, how does one correct - go to a gun store & do it as required by law? If the buyer is prohibited (under 21 for example) and unco-operative, what if anything can be done?
Just to clarify from the above threads, the "regulated firearm" must be named as opposed to "by configuration" - correct? That is, just because it looks like "an AK47" doesn't mean it is a regulated firearm. Depending on the answer to this question he may have no issue with the gun sale.
Attached is the list from MD State Police - it simply lists "AK-47" and asserts all variants are regulated:
http://www.mdsp.org/downloads/assault_weapons.pdf
Its more complicated than that, because the list explicitly states:
""Assault weapon" means any of the following specific firearms or their copies regardless of which company produced and manufactured that firearm:"
Its says "AK-47 all forms".
But if you scroll down to #27 on the list, it ALSO lists "Automat Kalashnikov semiautomatic rifle in any format".
So even though a Romanian WASR isn't an AK-47 (its an AKM), I think it does fall into the category of a "Kalasnikov semiautomatic rifle copy" and it appears to be explicitly banned.
That would be my take also. I'm not too up on the whole AK line in general. Reading the list it seems the MD approach is that a gun and its variants is included unless, as is reflected with the Colt AR target model, a specific exception is cited.