Inherited guns, what's the law?

Don H · Jan 11, 2016

A friend's father just passed and he is executor of the estate. My friend and his dad are (were) residents of Maryland. His dad had quite a few firearms including handguns. My friend asked me what the law was in reference to transferring ownership of the firearms. Some of them will go to family out of state.

My answer was to call the local MSP barracks. I thought I'd ask here for some guidance too.

gungate · Jan 11, 2016

The only comment I will make is calling the barracks will yield totally different answers depending on time of day, person you talk to, which barracks are called, etc. IOW, anything you get from the MSP will be wholly unreliable. I would not trust anything they say to be accurate.

Neot · Jan 11, 2016

If anything, call the Licensing Division. You're more likely to get a straight answer from someone who knows their stuff there.

I'm not a lawyer but I think as long as you're legally allowed to own a handgun, you can just transfer them at a barracks. I'm not sure if you need to have an HQL now for an inheritance or not. The ones out of state I'd imagine have to be shipped to an FFL and picked up there by the family.

kalister1 · Jan 11, 2016

ATF says you can deliver to the recipient out of State direct. MSP says fill out paper work and send it in, no approval required.

Don't have time to do all the Google at work.

Please read this for Federal Law:

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. 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.

CrazySanMan · May 12, 2016

kalister1 said:
ATF says you can deliver to the recipient out of State direct. MSP says fill out paper work and send it in, no approval required.

Don't have time to do all the Google at work.

Please read this for Federal Law:

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. 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.

I'm in this same situation. My aunt just called me and told me to come to Baltimore (I live in Colorado) and pick up all of my deceased grandfather's firearms. Is she authorized to transfer them to me under the will, or do I need to ship them back to an FFL in Colorado for a NICS check? I was planning on flying there and then renting a car and driving the firearms back with me (there are a lot of them).

Mike · May 12, 2016

CrazySanMan said:
I'm in this same situation. My aunt just called me and told me to come to Baltimore (I live in Colorado) and pick up all of my deceased grandfather's firearms. Is she authorized to transfer them to me under the will, or do I need to ship them back to an FFL in Colorado for a NICS check? I was planning on flying there and then renting a car and driving the firearms back with me (there are a lot of them).

I'd contact a lawyer and or gun store in MD and ask them. See the Industry Partners on this forum http://www.mdshooters.com/forumdisplay.php?f=106 where there are 2 lawyers listed near the bottom.

As a resident of another state not adjacent to MD I do not think you can legally accept the guns. But an inheritance situation does have special exceptions that may help you. Again, for your own protection, pay a lawyer to get it right and keep you and your family from accidentally breaking laws.

If you would be so kind, please post what you find out so others may benefit from your experience.

lonzo · May 12, 2016

http://www.mdshooters.com/showthread.php?t=28749

Jason21237 · May 14, 2016

CrazySanMan said:
I'm in this same situation. My aunt just called me and told me to come to Baltimore (I live in Colorado) and pick up all of my deceased grandfather's firearms. Is she authorized to transfer them to me under the will, or do I need to ship them back to an FFL in Colorado for a NICS check? I was planning on flying there and then renting a car and driving the firearms back with me (there are a lot of them).

You mean the guns you brought with you to Colorado when you moved in the first place?

Pinecone · May 21, 2016

Mike said:
As a resident of another state not adjacent to MD I do not think you can legally accept the guns.

Adjacent state has not been a factor since 1986.

Mike · May 24, 2016

I think this might be another related thread on the topic

http://www.mdshooters.com/showthread.php?t=169297

Inherited guns, what's the law?

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