What happens to my handguns when I die?

wtwcs · Nov 14, 2014

lx1x said:
if you want to go to specific person.. put it in a will.

md will not go in your house "yet" and confiscate them when you die. lol

Will is a good idea. Here is the code about 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.

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.01.10.htm

Uncle Duke · Nov 14, 2014

Well, good revolvers go to Heaven.

Doctor_M · Nov 14, 2014

Many of my guns have passed through many hands before mine.... I hope to see them into good hands after I'm done. My daughter will get her choices, but I can't imagine that she will want them all... Will need to make some younger friends, I guess.

NateIU10 · Nov 14, 2014

zhucs said:
Will is a good idea. Here is the code about 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.

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.01.10.htm

They'll also allow transfers to a minors guardian. Keeping an estate open for that long is dumb.

aray · Nov 14, 2014

SRD said:
I hope my Wife doesn't sell them for what I told her I paid.

Cyclone · Nov 14, 2014

steveh326 said:
Will my wife and kids get to keep them even if they do not have an HQL? or would they be confiscated?

Tell your relatives to move out of Maryland and enjoy the benefits of having all your weapon. In Arizona, they can sell it like lemonade on a sidewalk stand... of course they both had to be residents of Arizona...

wtwcs · Nov 14, 2014

NateIU10 said:
They'll also allow transfers to a minors guardian. Keeping an estate open for that long is dumb.

Good to know, thanks!

Hicap · Nov 15, 2014

5.56blaster said:
Someone gets to shoot all the stuff YOU paid for!

Here's his #: 911

No area code needed.

Squaregrouper · Nov 15, 2014

Huckleberry said:
Mine were going on the long boat for my Viking funeral but there was an accident when I was doing a practice run and they were already lost in the Bay.

This gets my vote for the MDS quote of the year!!!

Mooseman · Nov 15, 2014

Stoveman said:
Flip this around.

Imagine your wife or significant other is, God forbid, hit by a train or abducted by an alien. After a period of mourning you find the next Mrs. Right on match.com who happens to be a widow.

After a couple of dates and you take her to the range to see if she is indeed "the one" and she takes you by the hand, leads you downstairs to the basement and opens her late husband's safe and it looks like yours does now.

Do you hear the Hallelujah Chorus playing in the background and pop an immediate stiffy, or would it be weird and awkward?

So, do you have the train schedule for me. :innocent0

HauptsAriba · Nov 19, 2014

What sucks is you can not put non NFA firearms in a trust IN MARYLAND. You can in most other states and this is the recomended route of estate planning for those with any type of collection.

Maryland law states that only a person can own a firearm, or something like that. When I got my trust it recomended to put ALL firearms in it, not just NFA, when I spoke to the attorney again he said OH...that's right, your in Marylandistan. You can't do that.

You can set up a will to leave your firearms or some to the NRA. This beats the MSP hands down.

I would be interested in any info/suggestions others have with their estate planning in regards to this. How they set up their will, and if they have had any work around a with the trust matter in Maryland. What is weird is that Maryland considers the primary trustee the actual owner, not the trust. This being the case I don't understand the issue with non NFA arms and trusts in Maryland.

Anyone?

abean4187 · Nov 19, 2014

K31 said:
Fail.

If you want to got to Valhalla your kin folk have to burn your ship with you in it.

Ynglinga Saga says that your ashes can be buried at sea or land, along with your possessions.

Mr.Blue · Nov 19, 2014

SRD said:
I hope my Wife doesn't sell them for what I told her I paid.

Hahaha. I use the same strategy with my wife when buying guns. I just bought a new LWRC IC for $750. :innocent0

fabsroman · Nov 19, 2014

swinokur said:
From 281 on HQL

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Since inheritance is not specifically mentioned, it's allowed.

IANAL
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How would the personal representative not be the transferor and the heir not be the transferee? It is akin to the gifting of a firearm. Normally, transfers can be made inter vivos (i.e., while somebody is alive) or testamentary (i.e., after somebody has died). Think the HQL issue needs to be looked at a little more closely and I based upon that specific code section you set forth I would believe the HQL is needed.

This was actually just discussed on here a month or so ago. A guy's father passed away and he wanted a handgun or two from the estate.

swinokur · Nov 19, 2014

I defer to your legal expertise as always. If so, I stand corrected counselor.

WeaponsCollector · Nov 19, 2014

Doctor_M said:
Many of my guns have passed through many hands before mine.... I hope to see them into good hands after I'm done. My daughter will get her choices, but I can't imagine that she will want them all... Will need to make some younger friends, I guess.

I'm kind of young, can I be your friend?

fabsroman · Nov 19, 2014

swinokur said:
I defer to your legal expertise as always. If so, I stand corrected counselor.

lol - no reason to defer. The language you qouted just did not get me to where I needed to be, but I started thinking and started searching.

You were right. Hence, no HQL needed for an inherited handgun. Turns out that none of the regulated firearms section applies to the inheritance of a regulated firearm.

Md. Code Public Safety §5–102.
This subtitle does not apply to:
(1) the transfer or possession of a regulated firearm or detachable magazine:
(i) for testing or experimentation authorized by the Secretary; and
(ii) by a federally licensed gun manufacturer, dealer, or importer;
(2) the sale, transfer, or possession of an antique firearm;
(3) an unserviceable firearm sold, transferred, or possessed as a curio or museum piece;
(4) law enforcement personnel of any unit of the federal government, members of the armed forces of the United States or the National Guard, or law enforcement personnel of the State or any local agency in the State, while those personnel or members are acting within the scope of their official duties;
(5) a regulated firearm modified to render it permanently inoperative;
(6) purchases, sales, and transportation to or by a federally licensed gun manufacturer, dealer, or importer;
(7) an organization that is required or authorized by federal law governing its specific business or activity to maintain firearms;
(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm; or
(9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

http://www.mdshooters.com/showthread.php?t=152520&highlight=inherit+handgun

What happens to my handguns when I die?

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