Hypothetical,

I have two Sailors who desire to transfer an AR-15 with just a Bill of Sale.

Both are in the state of Maryland on PCS orders, but neither are residents of Maryland as far as home of record.

Everything I read states individual transfers must be conducted with an FFL, and furthermore all Colt AR-15s and variants except the HBAR are considered regulated in the state and require a 77R.

"An FFL told me that since its a long gun and we're both here on FFL orders it should be good with just a bill of sale"

I know the standard answer is to know the law or contact a lawyer. Am I missing something here, seems what I'm reading online is pretty clear.

Current law:

If you're talking about a standard caliber AR-15 (.223/5.56) and direct impingement, the only transferrable AR-15 is a HBAR. Any other barrel profile is banned unless owned prior to 10/1/13, and cannot be transferred.

As for FTF sales, those are out as well as of 3/12/21.

There are no exceptions for service members. IF it's transferrable, they still have to go through an FFL. Welcome to Maryland.

If it's any caliber other than .223/5.56 or piston, it's not considered a "copy" of the banned Colt AR-15, therefore, there is no heavy barrel requirement and it can be transferred. But it still has to go through an FFL.

-Rob

I'm a former MD resident, escaped to PA.
If the AR-15 in question is not an HBAR, its likely banned, and not legal to be transferred, let alone possessed in the state anyway. I can't even legally take my legally owned guns to the range in Maryland half an hour from my house, but across the state line.

If it were me, I would just keep that commie state out of the loop.

The state is so screwed-up, I can't take my AR's there, but with the letter I carry from the ATF, its okie-dokie for me to bring my legal MG when we go to the beach. Makes slow offshore fishing days more fun.

I'm with BurtonRW, I don't see anything exempting Active Duty on orders from these rules.

And a call to MDSP confirms that, though being fair that wasn't in writing either but I would lean toward taking their word over a random FFL.

I edited my response with correct information.

Also, since I rarely post bona fide legal advice on a public forum, allow me some fine print... while I am a Maryland attorney, please don't take this as legal advice since I haven't been retained, no attorney-client privilege exists, etc.

Thanks.

-Rob

As far as I know you can still transfer a regulated firearm in MD face to face, going directly to your closest MSP Barracks, doing paperwork, and waiting seven days. IE, a $10 transfer fee vs paying to go through an FFL.
I am not sure about the military aspect and not being a MD resident, but I am pretty sure you don’t have to go through an FFL.

First time I was stationed in DC, my command was physically in MD, but some how had a DC mailing address. I wisely lived in Virginia then, and even then a few LGSs didn't want the hassle of proving residency for me to buy a gun in VA.

Even the thought of buying a gun in MD 20 years ago was scary.

Perhaps this transaction didn't take place in Maryland.

^^ Zactly.
No paperwork, means no proof of when or where it was bought

This message has been edited. Last edited by: MikeinNC,

Transfer the lower then they gift you the upper

quote:

Originally posted by 1flynDO:
Transfer the lower then they gift you the upper

Yeah, sure. Then go to jail for violating Maryland law. And ruin your career in the Army.

Do you really imagine the law wouldn't consider that one transaction. And, would you want to be the test case?

To all: BurtonRW seemed to post a well-informed answer based in actual knowledge. There is reason to believe he actually knows what he is talking about. I'd go with his views, unless I was willing to pay a Maryland lawyer for a "better" opinion, which I feel strongly would be the same as his.

I think you took it wrong go to an ffl and transfer the lower legally. Nothing wrong with that. If the guy gifted him an upper he ships it home. Perhaps even the provost marshal or his arms room might keep it til he pcs’s.

quote:

Originally posted by 1flynDO:
I think you took it wrong go to an ffl and transfer the lower legally. Nothing wrong with that. If the guy gifted him an upper he ships it home. Perhaps even the provost marshal or his arms room might keep it til he pcs’s.

Nope. jhe888’s instincts are correct here.

Putting a standard profile barreled upper on a lower is fine ONLY IF the lower was owned prior to the 10/1/13 ban. Otherwise, assembly in Maryland makes it illegal.

He can own a post-13 lower and put whatever the hell he wants on it out of state as long as he disassembles it before he crosses back into Maryland.

-Rob

quote:

Originally posted by MikeinNC:
^^ Zactly.
No paperwork, means no proof of when or where it was bought

Perhaps, but let me describe another hypothetical situation.

Both Sailors are stationed here, haven’t taken leave, and aren’t residents of a state within 1000 miles.

So it was transferred here, they hypothetically did it in a parking lot.

It is an AR that was bought and sold here in Maryland so it’s a heavy barrel Maryland legal AR, but as has been stated and confirmed by Trooper Simmons with the MDSP when I called, all long guns now, since 2021 require a background check. If it’s not a regulated firearm then no need to register but still has to be transferred at one of the police barracks or FFL.

I’m trying to keep kids out of trouble here lol.

Mr Burton, no need for the disclaimer here, this actually goes beyond my scope of responsibilities being in their chain of command, Im just trying to keep ‘em from doing stupid stuff and getting in trouble is all. We came up with the same information and current laws.

The worst part, besides their hypothetically doing stupid stuff, is that an FFL told them that as long as it’s a long gun the can transfer it with just a Bill of Sale. The Sailor who told me this isn’t one to lie, might be naive but not a liar. Hard to fault him when he THOUGHT he was doing the right thing. Lessons learned I suppose.