Question for the Lawyers

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Big Dog

    Active Member
    Dec 16, 2012
    106
    North East
    If a man and woman are in a relationship but not married and he dies is there a way to have a handgun he owned (or was among his belongings) transferred to the girlfriend? He had a bolt action 22lr rifle (tube fed) so that should not be an issue (I would think she can keep it, no paperwork required) but the revolver (a 22lr) presents an issue.

    Is there a legal way to transfer it to her?

    If not what should she do with it?

    Thanks!
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    The handgun would be a little harder because it would have had to have been done on a Form 77r and either at a MSP barracks or a FFL. If the person's Last Will & Testament leaves the handgun to the woman, then the personal representative of the estate could get the job done at a MSP barracks since the handgun becomes property of the estate upon the owner's passing.

    If the person died without a Last Will & Testament and the two were not married, good luck getting the handgun to her since all assets would pass via the laws of intestacy which do not take into account anybody that is not related to the decedent in some manner, other than passing the assets to the state if there is no living heir under the rules of intestacy.

    Edit to add: Has anybody opened an estate for this? If it isn't worth opening an estate, have her turn in the handgun at one of these buy backs and get $100 for it.
     

    Big Dog

    Active Member
    Dec 16, 2012
    106
    North East
    I will ask her those questions. It is complicated. He died and she has been getting treatment for a serious illness so this is way down on her list. FWIW I understand that any opinions expressed are not legal advice and will have her eventually speak to a lawyer but figured the combined knoledge here would be helpful with a path forward.

    There are non regulated firearms that she is taking care of but the revolver is the issue.

    Another real crime in this is there is a 1917 Winchester that has been sporterized and a 1910 Mauser that has had the same done to it. I have the 1917 original stock and it appears complete and in great shape so I hope she can sell that as well. She just wants to do the right thing but MD makes it difficult.
     

    molonlabe

    Ultimate Member
    May 7, 2005
    2,760
    Mountaineer Country, WV
    Another real crime in this is there is a 1917 Winchester that has been sporterized and a 1910 Mauser that has had the same done to it. I have the 1917 original stock and it appears complete and in great shape so I hope she can sell that as well. She just wants to do the right thing but MD makes it difficult.
    [/QUOTE]

    Little off topic but I have one of those 1917 Winchesters and it is my go to deer rifle. Every year I go out to sight it in and it hits dead on at 100 yards. A lot to be said for this 100 year old rifle. Yes its a crime but it has taken a lot of deer over the years so I can forgive ton sporterising which was very common in the 50’s and 60's .
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I will ask her those questions. It is complicated. He died and she has been getting treatment for a serious illness so this is way down on her list. FWIW I understand that any opinions expressed are not legal advice and will have her eventually speak to a lawyer but figured the combined knoledge here would be helpful with a path forward.

    There are non regulated firearms that she is taking care of but the revolver is the issue.

    Another real crime in this is there is a 1917 Winchester that has been sporterized and a 1910 Mauser that has had the same done to it. I have the 1917 original stock and it appears complete and in great shape so I hope she can sell that as well. She just wants to do the right thing but MD makes it difficult.

    Maryland makes almost everything impossible.

    The really big issue here is whether he had a Last Will & Testament ("Will") in place naming her as the beneficiary. If he didn't, then she is probably not entitled to any of the property that was not titled jointly in her name. Yes, he could have gifted a lot of the stuff to her during his lifetime, but it is hard to do that sort of stuff with things that actually have a paper trail.

    If you are in the Ellicott City area and want to stop by to talk about it, let me know. However, it really does boil down to whether there was a Will.
     

    Big Dog

    Active Member
    Dec 16, 2012
    106
    North East
    I appreiate the offer. I am in Cecil (but have family in your area so a trip would have two purposes...) but I need to get with her about the Will issue first. I am thinking there was not one. She might have limited options here...
     

    Big Dog

    Active Member
    Dec 16, 2012
    106
    North East
    [More OT]

    I am not opposed to owning either rifle and might buy them from her. Would be fun to shoot either one.

    Have a few more to take care of though including a custom made Leonard Day swivel barrel percussion muzzle loader. Good luck with that.
     

    Big Dog

    Active Member
    Dec 16, 2012
    106
    North East
    1917 stocks are getting hard to find.

    I know it is off the original topic but yes they are but since I have no need for it and neither does she I know she will be looking for a buyer. Unfortunately, that is the sad part of it. I might put it in the classifieds here and see what happens.

    In any event I need to help her get this mess taken care of since she has limited resources and is not in great health right now.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,943
    Messages
    7,259,752
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom