How to transfer a gun to Maryland

[rssecurity]

My father recently died and he had several guns. One of his very long time best friends, who lives in Maryland would like a particular one, and we think my father would approve giving it to him. However, as I mention, he is Maryland, and we (and the gun) are in Texas. How can we legally ship it to him?

If it makes any difference, he is a full colonel in the Air Force, so I don't think a background check should be a problem.

[rotor]

From the ATF

May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. Generally, for a person to lawfully
transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at http://www.atf.gov
and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

An excellent article courtesy of Guns and Ammo as a freebie

shipping.pdf

(143.64 KiB) Downloaded 79 times

[srothstein]

While shipping to an FFL there is the easiest option, I just wanted to point out a little quirk in federal law that might help. If he is on active duty in the military, he is also considered as residing int he state of his home of record. If his home was Texas, it could be argued that shipping it directly to him is still legal.

I would go through the FFL just to avoid the potential hassle, but the other might be an option.

[rssecurity]

Thanks rotor. So if I understood everything I read, I have to find, or at least it would be easiest to find, a local FFL who would then ship to a FFL in Maryland, since it is a handgun and not a long gun. Can I safely assume that most, probably all local gun shops are FFL?

Am I also correct that I would need to find a FFL in Maryland that would accept the shipment ahead of time?

If so, has anyone here used any shops in the Spring/Woodlands/Conroe area to do this and been happy with their service? Houston would be another option.

[Pawpaw]

Can I safely assume that most, probably all local gun shops are FFL?

Yes. Any business that does not hold a FFL cannot sell guns.

[rotor]

Thanks rotor. So if I understood everything I read, I have to find, or at least it would be easiest to find, a local FFL who would then ship to a FFL in Maryland, since it is a handgun and not a long gun. Can I safely assume that most, probably all local gun shops are FFL?

Am I also correct that I would need to find a FFL in Maryland that would accept the shipment ahead of time?

If so, has anyone here used any shops in the Spring/Woodlands/Conroe area to do this and been happy with their service? Houston would be another option.

It is my understanding that you can ship to an FFL in Maryland directly if they agree to accept the shipment and they can transfer to the recipient there. Gunbroker.com has a large list of FFL. I don't think you actually need an FFL in Texas to do the shipping. You can probably also get a list from the ATF website. You can't ship a handgun by USPS.

[RoyGBiv]

Thanks rotor. So if I understood everything I read, I have to find, or at least it would be easiest to find, a local FFL who would then ship to a FFL in Maryland, since it is a handgun and not a long gun. Can I safely assume that most, probably all local gun shops are FFL?

Am I also correct that I would need to find a FFL in Maryland that would accept the shipment ahead of time?

If so, has anyone here used any shops in the Spring/Woodlands/Conroe area to do this and been happy with their service? Houston would be another option.

It is my understanding that you can ship to an FFL in Maryland directly if they agree to accept the shipment and they can transfer to the recipient there. Gunbroker.com has a large list of FFL. I don't think you actually need an FFL in Texas to do the shipping. You can probably also get a list from the ATF website. You can't ship a handgun by USPS.

I agree with rotor. Only FFL required is in the recipients home state.
However, if your local Texas FFL is low priced, it may be less expensive to pay the Texas FFL a few bucks for them to ship it via USPS, vs shipping it directly to the recipients FFL via FedEx or UPS. FFL can ship via USPS, but you cannot do so yourself.

Just my opinion.

[Scott B.]

Have your late-father's friend pick an FFL to use. He'll know which ones are convenient to him. Unfortunately, some (many?) FFLs don't like receiving guns from individuals, so check first.

Also, is the gun Maryland compliant?

If the receiving FFL is open to it, help them out by including your name and address as it appears on your drivers license. Do this in a way that can't be lost or accidentally thrown away. (i.e. not just on the shipping label). Your personal info is what the receiving FFL needs to log the firearm in to their books. Also include all the necessary contact details for the friend; name, address, phone number, and email if known.

It's the lack of this kind of information that leads to FFLs no longer accepting out of state firearms transfers from individuals.

For the pistol, you'll have to use one of the common carriers; ups, fedex, dhl, etc. Essentially, they'll make you overnight it which jacks up your costs.

As mentioned by RGB, FFLs don't face that overnight requirement and can use regular ground rates or even USPS. As a non-licensee you can only use USPS to ship rifles, not handguns. If the FFL wants some outrageous price on top of shipping, keep looking. If you go that route, help your local FFL out by having the receiving FFLs contact details and your info/intended recipient's details nicely typed up.

[rssecurity]

Good tips. Thanks.