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#1720818 - 01/29/21 01:37 PM Selling Guns, Located in MD
TimGz Offline
Pea shooter

Registered: 01/29/21
Posts: 2
Loc: MD
City or County: Edgewater
Hi,

I have a couple of 9mms that I want to sell and I'm across the bridge in MD. They both only have high capacity magazines with them.

Rather than selling/consigning with an FFL here, or to a MD resident without the magazines, or getting the magazines plugged, is it ok and legal to list and sell here, with an exchange at a FFL or police barracks in VA to a VA resident? Appreciate any advice.

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#1720854 - 01/29/21 03:16 PM Re: Selling Guns, Located in MD [Re: TimGz]
Taxesquire Offline
Taxesquire

Registered: 09/08/13
Posts: 265
Loc: VIRGINIA
City or County: Vienna
This is not legal advice, so you can't rely on it. That being said:

If you find a buyer in Virginia, you should be able to simply deliver the gun to a Virginia FFL, who can handle the transfer to the buyer. Under Federal law, you can only sell to a resident of another state through an FFL, but there is no particular rule as to how the gun is delivered to the FFL. Likewise, you can sell directly to an FFL in any state without violating federal law. The FFL follows the same procedure, whether a gun is sold from inventory, or a transfer is arranged for local delivery of an online sale, or the transfer is an in-person private transaction. In all cases, the FFL has to log the gun into inventory, perform the background check and comply with any other federal and state requirements, and then transfer possession back out of inventory to the purchaser, once all requirements have been met.

I am not sure if the State Police can handle the transfer across state lines. The reason is that FEDERAL law requires that any transaction between residents of different states must be handled through an FFL in the buyer's state, so the state police probably cannot handle that transaction, unless there is an exception of which I am unaware. The reason the state police can perform the background check in private sales between residents of the same state is that background checks for such transactions are not required under federal law, but only under state law, so the state imposing the requirement can determine who can perform the background check.

I hope this helps.

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#1720862 - 01/29/21 03:38 PM Re: Selling Guns, Located in MD [Re: TimGz]
TimGz Offline
Pea shooter

Registered: 01/29/21
Posts: 2
Loc: MD
City or County: Edgewater
Excellent. thank you

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