Firearm Inheritance

Pinecone said:

Sorry for your loss.

The regulated firearms need to be transferred from the estate to you. So you will have to wait until the estate processing is set up, and probably the will gone through, for the trustee to transfer them to you.

Of course, what he told you and what is in the will may be totally different. Hopefully your sisters will honor you father's stated wishes, but estates seem to bring out the WORST in people.

I would talk to a 2A attorney and an estate attorney.

Good luck.

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Pinecone said:

Yes, none of the listed firearms are banned. Even the lowers are now legal for transfer.

But, the ESTATE is now the owner, and the ESTATE must transfer them to you,. So there is a ways to go before you can take possession.

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SneakySh0rty said:

This past weekend my Dad suddenly passed away due to complications with liver cancer. We knew and my dad knew he would not make it to the end of the year, but this was extremely sudden. I literally was having father son time watching a movie on Friday afternoon, he goes into the hospital with abdominal pain that night, and early Saturday morning he was put on a morphine drip to ease his passing.

One of the things I discussed with him in the past was his firearms. He wanted me to have them since he said I would probably use them more than my 2 older sisters. I have no clue how to go about handling certain firearms he left behind (handguns and ARs). I am 25 and have my HQL already if needed.

1. Dan Wesson 357 Model 14 bought in 1982
2. Smith & Wesson 638 bought in 2014
3. Black Rain Ordinance AR15 lower bought pre-Oct 1st
4. A couple of 80% lowers completed pre-Oct 1st

Here is the Dan Wesson, this was the first handgun I learned how to shoot. Still has his original paperwork from MSP in pikesville in 1982.
https://www.dropbox.com/s/ozzb9s4m2456mww/2014-08-13 00.14.45.jpg

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SneakySh0rty said:

Thank you all for the condolences. It was a very rough time the immediate days after his passing. But as the days go by, with the support of friends, family, and prayer, we are slightly comforted. Especially since he is no longer in pain or suffering from cancer.

In regards to will. My mother talked to our lawyer. He said none of the firearms are mentioned in the will. There is no quarrel over belongings, both my sisters and mother are fine with me holding onto all the firearms he had.

Also, how does AR lowers being legal to transfer come into play? does that mean only HBAR/pistol config? Or do I get to retain the grandfather status and put any 16+" upper on them regardless of barrel profile?

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Brooklyn said:

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IANAL . Ask a lawyer not MSP. My bet no. My bet MSP will say no. But if there is a way only your lawyer, under privilege and working with the estate and perhaps a trust, can make it happen.

I still do not think it can work after his passing.

Condolences on your loss, and remember--- if you ever leave MD and never return the status of the lowers is not an issue, just don't get cute and get in jam -- its not worth it.

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cantstop said:

I am sorry for your loss.

If you don't already have a lawyer for the estate, this would be a good time to get one. A lawyer can act as a coach / arbitrator between you and your sisters. My wife's mom passed away a few years ago and her step dad passed away earlier this year. Her parents' lawyer was very helpful for us. All 5 kids from 2 marriages get along well, so we didn't have any real issues dividing up personal property. No guns were involved, though. Her parents lived in Alabama, so we were thankful to have a lawyer that understood Alabama law.

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swinokur said:

Sorry for your loss. but get a lawyer for this one.

MD law refers to possession. If they were your Dad's, then you didn't possess any of them before Oct 1.

An attorney is your best giver of legal advice, not us. You don't want to inadvertently become a felon.

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C. Except as provided in §D or E of this regulation, a person may not:
(1) Possess, sell, offer to sell, transfer, purchase, or receive an assault weapon in the State; or
(2) Transport an assault weapon into the State.
D. The prohibitions in §C of this regulation do not apply to:
(4) Receipt and possession of an assault weapon or detachable magazine by inheritance, in accordance with Regulation .10
of this chapter, if the decedent lawfully possessed the assault weapon and the person inheriting the assault weapon or detachable
magazine is not otherwise prohibited from possessing a regulated firearm;

.10 Inheritance.
A. For the transfer or receipt of a regulated firearm by inheritance, the recipient shall submit a completed firearm application
to the Secretary in the prescribed format.
B. For the transfer of a regulated firearm by inheritance to a recipient who is younger than 21 years old:
(1) The title of the firearm may be transferred to the recipient;
(2) The estate shall retain possession of the firearm until the recipient is 21 years old; and(3) On receipt of the firearm, the recipient shall comply with the provisions of this chapter and Public Safety Article, Title
5, Subtitle 1, Annotated Code of Maryland.

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