Private gun transfer as part of Will

First, hello MDS, new to forum here.

Here is our situation. My father-in-law in Florida is giving my wife a number of firearms before he passes. I am AD Military (USN) and my wife is former Navy, now a civilian.

The firearms include: an AR-15 (made before 2013), two shotguns (12 and 20), an Old Henry 45, a S&W 45, and a Taurus 357 LB.

In order for the weapons to be legally transferred to her, as a resident of MD, what do we need to do?

Thank you in advance for help on what might be a complicated question.

Are you a Maryland resident (home of record) or just stationed in Maryland? It would probably be best to use your home state insted of Maryland.

The shotguns should be no problem

The AR (unless it's an HBAR) forget about that now in Maryland

The handguns would require an HQL in Maryland

Inheritance overrides many of the MDFSA2013 prohibitions. But it's not inheritance if he gives them while he's still alive.

erwos said:

Inheritance overrides many of the MDFSA2013 prohibitions. But it's not inheritance if he gives them while he's still alive.

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Living will or trust might work?

hitwtom said:

Are you a Maryland resident (home of record) or just stationed in Maryland? It would probably be best to use your home state insted of Maryland.

The shotguns should be no problem

The AR (unless it's an HBAR) forget about that now in Maryland

The handguns would require an HQL in Maryland

Click to expand...

First, hey there Brother, fellow Chief here. I am part of the Mess at Fort Meade, where are you stationed (or are you retired)?

The AR is an HBAR, and while my wife does not care who's name is on the certs, I thought it would be nice to keep them all bloodlined. However, I also originally thought it would be better to just have her father transfer them to me, as my home of record is Florida as well. This is a Living Will, he just wants the guns to come to our home to ensure no games get played after he passes.

Thank you for the info.

Retired, work for a contractor down here at Pax River.

If you're both Florida residents, I'd say take care of it all down there. Since you're Active Duty, not a Maryland resident I believe you can still have them here in Maryland without a hassle. Someone else may correct me if I'm wrong.

Do you guys understand what a Living Will is? I am not trying to be condescending, or anything, but a Living Will deals with a person's medical treatment if they are incapacitated/incompetent.

Property can pass during one's lifetime via a gift or a trust. The trust takes title to the property. It gets a little tricky with trusts and firearms though. No issue regarding a trust owning NFA items, but a lot of people have said that a trust cannot be the owner of a non-NFA firearm. Easiest way to get this done is via a gift during his lifetime if he wants to make sure there is no hanky panky once he passes away. Of course, a Last Will & Testament with specific bequests covering the firearms would most likely work. I say most likely because specific bequests are effectuated after creditors have been paid, so the firearms could be sold to pay the debts the estate owes.

As already mentioned, everything can be gifted to your wife right now. She would need an HQL for the handguns and you would have to make damn sure that the AR is an HBAR. If the AR is not an HBAR, only way for him to transfer it to your wife is through his Last Will & Testament when he passes on. Even then, I believe (i.e., attorney speak for I am not sure without reading the specific statute) he must have possessed the AR before 10/1/2013.

If the AR is in fact an HBAR, then the transfer could be done through an FFL in Maryland. Was initially going to say MSP barracks, but I am not sure if he can bring an AR into Maryland. My guess is he can bring it to Maryland IF he possessed it prior to 10/1/2013.

If he gifts them to her, get something in writing otherwise there could be some shenanigans once he passes on wherein the others heirs argue that they were not in fact gifted. So, something like a Bill of Sale for $1 for all the firearms listed that is signed by him and your wife.

If he decides which route he wants to go, and you need me to be extremely clear on any of my "I believes", let me know and I will take a look at the statute again. Just too tired right now and the kids are bugging the hell out of me to cook dinner.

You should talk to a lawyer.

1) The FSA doesn't apply to "inheritance." So it doesn't matter if the AR is an HBAR or not.

2) A revocable trust cannot hold title to non-NFA firearms. In other words, unless it is a SBS, SBR, silencer or full auto, it must be owned by a living, breathing person.

3) He should consult with an attorney to have a will drafted. I don't know what Florida's intestate laws are, but he'll need a will if there are additional, surviving issue (heirs at law).

4) No HQL is necessary for handguns if they classify as Curio and Relic as per the ATF. If the handguns are at least 50 years old, no HQL will be necessary.


Also, everything Fabsroman said is 100% correct.

IAAL