C&R FFL and State laws

[anapex]

Hi everyone I've been a lurker for about a month now and this board has me convinced to get a C&R FFL but I have a couple questions first about how state laws interact with it. I (unfortunately) live in Maryland and we have a 1 gun a month law, if I have a C&R am I still affected by this law?

 

[Zundfolge]

Contact your state's Attorney General's office.

http://www.oag.state.md.us/

Under the FAQs there was a question about CCW ...

Does Maryland recognize handgun carry permits issued by other states, and how can I transport my handgun through Maryland?
Questions regarding the transportation of handguns or handgun permits should be directed to Assistant Attorney General Mark Bowen at e-mail: [email protected] or 410-653-4228.

That guy might be the one to contact about your C&R

 

[Zundfolge]

Okay, for fun I looked up the laws on LexisNexis

§ 442A. Purchase of firearms in a 30-day period.

(a) Purchase limited to one regulated firearm; exceptions.-

(1) Except as provided in this subsection, a person may not purchase more than one regulated firearm in a 30-day period.

(2) The provisions of this subsection do not apply to:

(i) A law enforcement agency;

(ii) An agency duly authorized to perform law enforcement duties;

(iii) State or local correctional facilities;

(iv) A private security company licensed to do business within the State;

(v) The purchase of antique firearms as defined in § 441 of this article; *

(vi) Purchases by a licensed firearms dealer;

(vii) The exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement; or

(viii) A person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

1. The person provides the licensed regulated firearms dealer with a copy of the official police report or an official summary of the report a copy of which shall be attached to the application to purchase or transfer a regulated firearm;

2. The official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date which the loss or theft was reported to the law enforcement agency; and

3. The date of the loss or theft as reflected on the official police report or official summary of the report occurred within 30 days of the person's attempt to replace the regulated firearm.

(b) Purchase of more than one regulated firearm.-

(1) Upon application for a multiple purchase to and approval by the Secretary, purchases in excess of one regulated firearm in a 30-day period may be made under the following circumstances:

(i) The purchase of the regulated firearms is for a private collection or is a collector series;

(ii) The purchase of the regulated firearms is a bulk purchase from an estate sale;

(iii) The purchase of not more than two regulated firearms is a multiple purchase for the purpose of taking advantage of a regulated firearms dealer's discounted price available only for a multiple purchase, provided that the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved for a multiple purchase under item (i) or (ii) of this paragraph; or

(iv) Other similar purposes.

(2) The application shall:

(i) Contain a list of the regulated firearms to be purchased or transferred;

(ii) State the purpose of the purchase in excess of one regulated firearm in a 30-day period;

(iii) Be witnessed by a regulated firearms dealer or designated law enforcement agency; and

(iv) Be signed under the penalty of perjury by the applicant.

(c) Application for purchase of more than one regulated firearm.- The application for a multiple purchase of regulated firearms shall be attached to a completed application to purchase a regulated firearm and forwarded to the Secretary by a licensed regulated firearms dealer or designated law enforcement agency.

(d) Background investigation.- Upon receipt of the application to purchase a regulated firearm and the application for a multiple purchase, the Secretary shall complete a background investigation as defined in § 442 of this subtitle.

(e) Sale to disapproved applicant prohibited.- A dealer or person may not sell, rent, or transfer any regulated firearms to a person whose application has been placed on hold because of an open disposition of criminal proceedings against the applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by actions of the courts.

[1996, ch. 561, § 2; ch. 562, § 2; 1997, ch. 14, § 1.]

*and here's the definition of an "Antique Firearm" from § 441

(c) Antique firearm.- "Antique firearm" means:

(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured prior to 1899; or

(2) Any replica of any firearm described in paragraph (1) of this subsection if the replica:

(i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

So after all that I'm going to guess that your C&R will not allow you to purchase more then one gun a month (even C&R firearms)

 

[CZ-75]

(vi) Purchases by a licensed firearms dealer;

This might be construed to mean any FFL.

Still, you need to contact the Atty. Gen.

 

[Kharn]

Haha, good luck dealing with the AG's office, AG Curran is even more vocal about his anti-gun stance than Feinstein, so I'd assume his deputies lean the same way (Bowen was always listed as a CC when the MDSP responded to my information requests regarding CCW issuance). You'll probably never get an answer, so most people I know in MD (including myself) interpret 'licensed firearms dealer' to include C&Rs.

Kharn

 

[PAshooter]

To the best of my knowledge - after doing a lot of reading and research - here's the scoop on C&R's and Maryland:

First - Maryland's law doesn't limit you to one gun purchase a month - it limits you to one "regulated firearm" purchase a month - unless, of course, you apply for "Collector Status" but that's another issue...

Second - A "Regulated Firearm" is defined as any handgun (made after 1899) or a whole slew of specifically-listed "assault weapon" type things - AR-15s for example (except the Colt HBAR Sporter... another issue).

Third - All transfers of "Regulated Firearms" must be made through a Maryland licensed firearms dealer - someone who has both an FFL (not a C&R but a type 01 license) and is licensed as a gun dealer with the state of Maryland. BTW - the term "Licensed Firearm Dealer" referred to in Maryland law doesn't have anything to do with federal licensing - it's about licensing with the state of Maryland. And the term "Dealer" would specifically exclude C&R licensees, as they are federally licensed only to collect, not to deal in firearms.

Bottom Line - you may not - I repeat may not - buy any handgun in the state of Maryland with a C&R license. Period.

As far as long guns are concerned - Maryland law does not preclude buying C&R eligible long guns on the strength of a C&R FFL... and there's no limit to the number of and frequency with which such purchases may be made.

Just one more item on the list of things that blow about living in Maryland.

BTW - if you want to get around the "one gun a month" limit, apply for collector status. You get a form from the State Police, fill out some info about yourself (no more intrusive than the standard paperwork) and send it off. In a week or two you'll get a letter from the Staties saying you're a designated collector, and poof! the one regulated firearm every 30 day limit is gone. Remember though, you can now buy as many handguns as your budget will allow, but each must still be transferred through a Maryland Dealer - there's no getting around that part.

 

[anapex]

Thanks for the help guys, I was hoping it wasn't going to be as bad as it is. Oh well just makes me want to get out of Maryland even more.

 

[JBP]

Have to disagree with mdshooter. Maryland follows the Federal law on C&Rs and also recognizes any firearm 50 years old and over as a C&R. However, if the firearm (doesn't matter if it is a handgun or longgun) went through a 01 FFL then it must be handled as a non C&R for transfer purposes with all paper work having to be filled out and the 7 day wait period applying. Two examples to illustrate: (1) In March I won an auction for a 60 year old H&R Trapper. The seller refused to honor my C&R (which is his right) and sent it to my FFL who called the MSP (in my presence) & was told since the transfer went through him it must be treated as a regulated firearm; (2) Last week I won an auction for a Colt New Service 38. Sent the seller my C&R and received the Colt a few days later. AG Curran has tried to intimidate C&R dealers into not selling C&R handguns to Maryland residents & it has worked on some such as CDNN. Others like JLD and Centerfire honor the C&R FFL.

Therefore, C&R handgun purchases are exempt from Maryland's one-gun-a-month law. And as it has been said you can get around the one-gun-a-month fiasco by calling 410-799-0191 (MSP Firearms Enforcement Division) and asking them for the form (forget the number) to register as a "Collector". Yeah, you will be put on another database somewhere but it sure beats having to wait 30 days for every Class 01 handgun purchase you want to make.

 

[PAshooter]

JBP:

Not arguing with you, but please cite where in the Maryland code it makes any mention of C&R firearms. The law I read clearly states that any handgun made since 1899 is considered a regulated firearm and thus must be transferred through a "Maryland Licensed Firearms Dealer."

Understand that just because someone in another state sent you a handgun based upon receiving your C&R FFL doesn't mean it complies with Maryland law.

I got my C&R with visions of Ballester Molinas and Systema Colts dancing in my head but a careful reading of Maryland code made it clear to me that this was not going to happen (legally, at least). Please prove me wrong - not by example, but by reference to Maryland law that exempts C&R handguns from being considered Regulated Firearms. This is one instance where I'd love to be proven wrong

 

[anapex]

I'm going to stop by my local class 01 FFLs today and see what their take on it is. I'll let you know what they tell me.

 

[anapex]

I'll stop by some of my local class 01 FFLs and see what their take on it is. I'll let you know what they say.

 

[Kharn]

JBP:

Yeah, you will be put on another database somewhere but it sure beats having to wait 30 days for every Class 01 handgun purchase you want to make.

Actually, you're not entered into *another* database, according to one of my NRA-ILA contacts, you're already put into a computerized database when you buy a regulated weapon. When you fill out the Collector form, they simply add 'C-' to the beginning of your name to designate you as a collector in the database. (sidenote: the MDSP doesnt know beans about databases, from my experiences with them, thus the stupid 'C-' instead of another field or other, more proper, solution)

Kharn

 

[JBP]

_________________________________________________
sidenote: the MDSP doesnt know beans about databases, from my experiences with them, thus the stupid 'C-' instead of another field or other, more proper, solution)
_________________________________________________
Kharn - don't be too sure of that. One of my former Systems Analysis & Design students (I've been teaching college level IT for over 20 years) was a MDSP major who had a wide range of state of the art IT knowledge. We talked about some of the different MD law enforcement systems and at least those that are putting them together know what they are doing.

mdshooter - I agree with you that there is no explicit reference to C&R purchases in MD. Again, I can just reiterate what the MDSP told my FFL.

 

[PAshooter]

JBP:

Your post states that the MDSP told your FFL that any transfer of a regulated firearm through a licensed dealer was subject to the 30 day limit. I'll buy that. Did the MDSP person on the phone say anything about direct-to-C&R holder deals being legal?

I guess I just have a tendency to be cautious about these things. Since the law clearly states all handguns made since 1899 are regulted firearms - and mentions nothing about "C&R status" for anything - as I see it you can't legally use your C&R to buy handguns in Maryland.

I understand that sometimes where the law is silent or ambiguous the State Police will adopt policies that substitute for the law. A good example of this is the fact that the Colt HBAR Sporter is specifically exempted (in the law) from "regulated firearm" status and is the only AR-type rifle so listed. The State Police has adopted a policy that all HBAR AR-15s fall into this category, so for example when I bought my Bushmaster 16" carbine with a heavy barrel (marked HBAR) it was treated as an ordinary rifle - NICS check and take it home. My buddy bought essentially the same rifle wth an M4 profile barrel and his purchase was treated like a handgun purchase - State Police paperwork, waiting period, etc.

Even though the law in Maryland may be silent on C&R status if anyone is aware of a State Police policy or ruling that treats such handguns differently than a modern firearm I'd be convinced. But I'm real paranoid about committing a technical infraction that could potentially cost me the right to own any firearms in the future (even technical violations are felonies when it comes to firearms). Given the anti-gun climate in this state, especially of those in government (our AG being a prime example) I tend to go to great lengths to stay on the straight and narrow. What some guy said on the phone, or the willingness of an uninformed out of state seller to send me such a gun through the mail isn't good enough for me.

YMMV.

 

[anapex]

Well I talked to my FFL today and he stated that as long as a C&R handgun came from out-of-state then it could be delivered to your door but if it came from in-state it had to go through a class 01 and the 7-day waiting period.