Bought in one state, sell in another?

JohnnyBoyUSMC

Click, click, boom.
Verified Military
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Mar 7, 2009
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the bat cave
Not sure if this has been covered before, but thought I would get some input for some answers on a question I have...

I'm currently stationed in Maryland, where I purchased a handgun. I'll be traveling home soon to Texas and am wanting to possibly make a sale of the before mentioned handgun at a gun show i'll be attending. My question is, is there a problem with selling/trading a handgun bought in one state and selling it in another? Yes, I do have a residence in Texas that when I get leave I visit and the same one is listed on my drivers license as my home address, yes I have bought guns in Texas and my drivers license is registered in Texas, and yes I am aware that the law states that I am also a resident of the state of Maryland being that I am stationed here, and yes I intend to go through a licensed FFL dealer for any sale/purchase in Texas. Any input will be appreciated.

~JohnnyBoy
 
A

arizonaguide

Guest
I don't think you have a problem, as you have duel residency as a military member.
But, you have to get it there (DECLARED and in a LOCKED CASE IN CHECKED BAGGAGE, if flying) or Driving you have to check the laws of the states you will be driving through regarding transport methods of firearms in that state. (locked in the trunk/unloaded/etc.)

Best bet is to call the BATF for verification of the applicable laws.

http://www.cjrpc.org/INTERSTATE_1.htm
http://home.hiwaay.net/~sickler/opforstuff/goodstuff/interstatetransportfirearms.HTM
http://lawdigest.uslegal.com/civil-rights/firearm-laws/7173/
 
8

8'Duece

Guest
I sold a Mil Spec 1911 a few years ago to a guy I met on Packing.org. He lived in the neighboring state of Ohio. Just for our own conerns he found an FFL that would take it on his books and then he actually filled out the 4473 and we exchanged cash and went on our way.

Better safe than sorry Bro' ;)
 

JBS

Leatherneck
Verified Military
Joined
Aug 14, 2007
Messages
2,150
Location
USA
Here's the ATF "quick" list:

http://www.atf.gov/firearms/statelaws/

And here is the NRA easy to read version:

http://www.nraila.org/statelawpdfs/MDSL.pdf


Any private entity/non-business person, who ships or buys, or sells firearms across state lines should check it out.

Wherever you are selling the firearm, that law will apply to you.

In the case of Maryland, you also want to know about the MAGAZINE restrictions; any mag with a capacity of more than 20 rounds (if I recall correctly) is illegal; the penalty will include seizure of the mags AND the firearm.


When I sell firearms to ANYONE, I meet them somewhere where there is a notary, and I get two documents from them:

1.) a copy of their driver's license or other picture ID, telling them I want to cover myself legally.

2.) a 3-sentence "sales agreement", that says they are purchasing. By signing, they are also stating that they expressly represent to me that at the time of sale, they are legally permitted to purchase a firearm in the State of ______. The sales agreement includes the serial number of the firearm.

The license and the agreement are notarized, and filed away. If the firearm is ever stolen, or used for a crime, the first place they will go is to the last registered owner. Having those documents will protect you, and show that you've done everything in your power to do things the right way.


EDIT: Also, note some states - such as Florida- require that a firearm be sold with a LOCKING DEVICE.
 
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