Uncle in Texas put his M1A in his will for me. Can I legally accept?

[EVOIXGSR]

Title pretty much says it all. I'm a MD resident, he is a TX resident.

 

[lx1x]

Nope.. M1a is now banned in MD.

 

[rseymorejr]

See if he will leave you his house too.
Problem solved!

 

[erwos]

Nope.. M1a is now banned in MD.

Um, no. If his uncle has died and the M1A is now being inherited as part of the estate probate or estate proceeding process, it is 100% legal for the OP to own. MDFSA2013 had a huge carve-out for inheritance.

Guys, please actually KNOW THE LAW before you tell people about what's legal or not legal.

 

[Pinecone]

You MAY inherit a regulated firearm. Law does not specify that the grantor has to be an MD resident.

You will probably need to talk to a lawyer

 

[fabsroman]

Um, no. If his uncle has died and the M1A is now being inherited as part of the estate probate or estate proceeding process, it is 100% legal for the OP to own. MDFSA2013 had a huge carve-out for inheritance.

Guys, please actually KNOW THE LAW before you tell people about what's legal or not legal.

This.

 

[fabsroman]

You MAY inherit a regulated firearm. Law does not specify that the grantor has to be an MD resident.

You will probably need to talk to a lawyer

Why would he have to talk to an attorney? He can wait until his uncle passes, when the Will will actually be valid. Then, he can attempt to get this done via a FFL. The only issue is going to be the transfer process and how that will work coming from an out of state estate. I think that would be the only question to this process and MSP should be able to answer that since getting the firearm registered with MSP is the issue. He might want to contact MSP right now to figure it out, but why waste ones time until the uncle has actually passed away and the firearm is to be his. Granted, it would be nice to know the exact process for an out of state transfer like this and for him to post the result of his research.

 

[6-Pack]

Um, no. If his uncle has died and the M1A is now being inherited as part of the estate probate or estate proceeding process, it is 100% legal for the OP to own. MDFSA2013 had a huge carve-out for inheritance.

Guys, please actually KNOW THE LAW before you tell people about what's legal or not legal.

This

 

[safecracker]

So a 'banned' firearm, such as the M1A, that is bequeathed to a Maryland resident, becomes a 'regulated' firearm instead?

Interesting. Would this also apply to 'assault pistols' and handguns not on the roster?

 

[lx1x]

Um, no. If his uncle has died and the M1A is now being inherited as part of the estate probate or estate proceeding process, it is 100% legal for the OP to own. MDFSA2013 had a huge carve-out for inheritance.

Guys, please actually KNOW THE LAW before you tell people about what's legal or not legal.

Post the code on inheritance.. Especially banned firearm.

 

[5.56blaster]

I say again " Maryland really really sucks"

 

[erwos]

Post the code on inheritance.. Especially banned firearm.

Maryland Criminal Law §4–302 (5).

Any other questions before you post "I was wrong and have no idea what I'm talking about?"

So a 'banned' firearm, such as the M1A, that is bequeathed to a Maryland resident, becomes a 'regulated' firearm instead?

It'd be more accurate to say that you personally have an exemption to the ban on the specific inherited weapon.

Interesting. Would this also apply to 'assault pistols' and handguns not on the roster?

Handguns not on the roster have never been a problem to possess. And, yes, the exemption seems to apply to assault pistols, too, as these are included under the definition of assault weapon.

 

[swinokur]

From SB281

[FONT=&quot]2[/FONT][FONT=&quot]9 This subtitle does not apply to:[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]1 (5) the receipt of an assault [/FONT][FONT=&quot]W[/FONT][FONT=&quot]EAPON [/FONT][FONT=&quot]or detachable magazine[/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]2 by inheritance[/FONT][FONT=&quot], [/FONT][FONT=&quot]A[/FONT][FONT=&quot]ND POSSESSION OF THE INHERITED ASSAULT WEAPON OR[/FONT][FONT=&quot][/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]3 [/FONT][FONT=&quot]D[/FONT][FONT=&quot]ETACHABLE MAGAZINE[/FONT][FONT=&quot], [/FONT][FONT=&quot]i[/FONT][FONT=&quot]f the decedent lawfully possessed the assault [/FONT][FONT=&quot][/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]4 [/FONT][FONT=&quot]W[/FONT][FONT=&quot]EAPON OR DETACHABLE MAGAZINE AND THE PERSON INHERITING THE[/FONT][FONT=&quot][/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]5 [/FONT][FONT=&quot]ASSAULT WEAPON OR DETACHABLE MAGAZINE IS NOT OTHERWISE[/FONT][FONT=&quot][/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]6 [/FONT][FONT=&quot]D[/FONT][FONT=&quot]I[/FONT][FONT=&quot]S[/FONT][FONT=&quot]Q[/FONT][FONT=&quot]U[/FONT][FONT=&quot]ALIFIED FROM POSSESSING A REGULATED FIREARM[/FONT][FONT=&quot]; [/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]7 (6) the receipt of an assault [/FONT][FONT=&quot]W[/FONT][FONT=&quot]EAPON [/FONT][FONT=&quot]or detachable magazine[/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]8 by a personal representative of an estate for purposes of exercising the powers and[/FONT][FONT=&quot][/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]9 duties of a personal representative of an estate[/FONT][FONT=&quot];

[/FONT][FONT=&quot][/FONT]

 

[DC-W]

Maryland Criminal Law §4–302 (5).

Any other questions before you post "I was wrong and have no idea what I'm talking about?"


It'd be more accurate to say that you have an exemption to the ban.


Handguns not on the roster have never been a problem to possess. Not as sure about assault pistols, albeit a simple reading of the statute seems to indicate that inheritance as exemption works for them as well.

Yup
http://mgaleg.maryland.gov/webmga/f...on=4-302&ext=html&session=2015RS&tab=subject5

§4–302.
This subtitle does not apply to:
(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;
(2) a firearm modified to render it permanently inoperative;
(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:
(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;
(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or
(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;
(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
(6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:
(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or
(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;
(8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article; or
(9) possession, receipt, and testing by, or shipping to or from:
(i) an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

IANAL

 

[erwos]

From SB281[/FONT][/B][FONT=&quot][/FONT]

(6) is really for the executor of the estate more than the inheritors, but I suppose it would be bad form for the state to toss you in jail because your parent died while possessing an assault weapon.

 

[swinokur]

poor form indeed.

 

[lx1x]

Maryland Criminal Law §4–302 (5).

Any other questions before you post "I was wrong and have no idea what I'm talking about?"

So you telling me there is a loophole? Omg!!!

So why not have his uncle buy all banned aw before he passes and put it on will. Lol



PSA!
ERWOS is the great one to find lx1x not so lawyer thinking wrong.

If the op followed what my first comment said.. Did he break a law? Lol

 

[swinokur]

A carve out is not a loophole.

 

[jmiller320]

Don't ask, Don't tell. How many times do they have to tell you.

 

[Gambler]

So you telling me there is a loophole? Omg!!!

So why not have his uncle buy all banned aw before he passes and put it on will. Lol



PSA!
ERWOS is the great one to find lx1x not so lawyer thinking wrong.

If the op followed what my first comment said.. Did he break a law? Lol

I'm wondering if the firearm still had to be purchased before the Oct 2013 deadline.