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

lx1x said:

Apologize to him?

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To him, of course. You gave him bad advice without even doing a shred of due diligence. How you keep defending that, I don't know.

fabsroman said:

What about if the assault weapon was not owned by the decedent pre FSA2013? From my cursory review of the law, it looks like the entire subchapter regarding the banning of assault weapons does not apply if the decedent legally owned the firearm. A decedent in Texas can legally own a firearm at the time he passes, without him acquiring it pre FSA2013.

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This is entirely correct.

The next question, which I have not really looked into too much, is whether an assault pistol can be inherited as a regulated firearm. One would probably have to see if an assault pistol is considered a handgun under the sub-title, and if so, then it would be regulated and qualify for inheritance.

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You're making this more difficult than it needs to be. Assault pistols are included under assault weapons, and are thus exempt under the same carveout we just talked about. Of course, you still need the handgun carveout to deal with it being a handgun.

erwos said:

To him, of course. You gave him bad advice without even doing a shred of due diligence. How you keep defending that, I don't know.


This is entirely correct.


You're making this more difficult than it needs to be. Assault pistols are included under assault weapons, and are thus exempt under the same carveout we just talked about. Of course, you still need the handgun carveout to deal with it being a handgun.

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Thought I already posted the statutes in question.

The inheritance carve out applies to regulated firearms. The definition of regulated firearms does not include assault pistols, assault weapons, or copycat weapons, merely regulated firearms. The definition of regulated firearms is handguns and those enumerated in the list of assault long guns. I don't see where assault weapons in general are allowed to be transferred via inheritance. If so, then a copycat that is less than 29" in length could be inherited. I would like to see your legal reasoning via statute as to how assault pistols are included in the inheritance carve out for regulated firearms.

No doubt about it, assault pistols, assault long guns, and copycats are assault weapons. However, the inheritance carve out does not apply to "assault weapons" as defined, it applies to "regulated firearms" as defined. Were assault pistols ever considered a regulated firearm?

erwos said:

To him, of course. You gave him bad advice without even doing a shred of due diligence. How you keep defending that, I don't know.


This is entirely correct.


You're making this more difficult than it needs to be. Assault pistols are included under assault weapons, and are thus exempt under the same carveout we just talked about. Of course, you still need the handgun carveout to deal with it being a handgun.

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Ah, I missed the definition of handgun.

5-101:

(n) (1) “Handgun” means a firearm with a barrel less than 16 inches in length.
(2) “Handgun” includes signal, starter, and blank pistols.

So, firearms with a barrel less than 16" can be inherited without a problem. This should apply to SBR and SBS too, but federal laws come into play on that one. Looks like the assault pistols should not be a problem if their barrel is less than 16".

fabsroman said:

The inheritance carve out applies to regulated firearms.

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But there are two inheritance carveouts in play here:
1. CL §4–302 (5): this one deals with assault weapons
2. PS §5–102 (8): this one deals with regulated firearms

Since an assault pistol is 1) an assault weapon and 2) a handgun, you need both of those carveouts. But they're there, so it's OK.

erwos said:

But there are two inheritance carveouts in play here:
1. CL §4–302 (5): this one deals with assault weapons
2. PS §5–102 (8): this one deals with regulated firearms

Since an assault pistol is 1) an assault weapon and 2) a handgun, you need both of those carveouts. But they're there, so it's OK.

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So, would the carve out in Public Safety allow for a FFL to do the transfer for an out of state estate/personal representative? It looks like that would be the case.

I have cousins in Texas with money. I could get them to take care of my kids firearms wise if I remain in Maryland that long, or I could move to Texas myself and make sure I take care of my kids firearms wise should they stay in Maryland.

Just another reason to retire elsewhere.

erwos said:

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.

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Where is that "like" button again?

fabsroman said:

Could that possibly be a stretch for a straw purchase? I guess it would be one heck of a stretch if you did not provide the money, but merely made a suggestion. Seriously, all out of state relatives should think about leaving an assault weapon or two for their nieces and nephews stuck in this state.

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That would be one hell of a stretch. She pays, she buys legally, she puts in her closet until she dies (except maybe while I am visiting to help her properly maintain it), she dies at some unknown time in the future, her estate lawfully transfers to me in accordance with her wishes, etc. Too attenuated. In fact, by design I think the SOL would run! She might live for 40 years! Hell I may die first! But drastic situations call for drastic solutions!

CypherPunk said:

Kind of surprised at this advise Fabs...

I would submit that it is indeed a good idea for your uncle to review his estate plan before his passing;

1. with an experienced estate attorney,
2. who is familiar with federal firearms law,
3. and the laws of both his state and,
4. the intended recipients state
5. to insure the intent of his last will and testament can be accomplished efficiently and effectively with regard to all laws and minimal costs.

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This ^^^^^^^^^^^^^

I just realized I or auto correct misspelled advice.