Maryland laws about gifting of firearms

Bornewinner · Jun 2, 2015

Hello, MDShooters! Here's my dilemma:

Both my dad and brother, living in FL and NC respectively, are gun owners, as am I. My brother has several rifles that he inherited when our grandfather passed away, and our dad has several revolvers from then as well. My dad has residences in both MD and in FL. I've got my FFL03 for C&R related items.

My question: do I need to have an HQL if they are going to GIVE me a gun, either that was a family heirloom piece or a new (new or used firearm) purchase?

I'm willing to provide any additional pertinent information that may help in clearing it up for me. Thanks!!

esqappellate · Jun 2, 2015

Bornewinner said:
Hello, MDShooters! Here's my dilemma:

Both my dad and brother, living in FL and NC respectively, are gun owners, as am I. My brother has several rifles that he inherited when our grandfather passed away, and our dad has several revolvers from then as well. My dad has residences in both MD and in FL. I've got my FFL03 for C&R related items.

My question: do I need to have an HQL if they are going to GIVE me a gun, either that was a family heirloom piece or a new (new or used firearm) purchase?

I'm willing to provide any additional pertinent information that may help in clearing it up for me. Thanks!!

Yes. Assuming it is a handgun.

Inigoes · Jun 2, 2015

esqappellate said:
Yes. Assuming it is a handgun.

That is only if the handgun does not qualify to be C&R (50 years old or older).

Bornewinner · Jun 2, 2015

Can C&R be transferred from a private owner to a C&R licensee (me, in this case), or does the private owner also need to have a C&R license to do it?

*edit: Thanks to everyone for the help, by the way!

Inigoes · Jun 2, 2015

Bornewinner said:
Can C&R be transferred from a private owner to a C&R licensee (me, in this case), or does the private owner also need to have a C&R license to do it?

*edit: Thanks to everyone for the help, by the way!

You only need to be the 03FFL.

The caveat:
If both are Maryland residents, you need to go through the MSP - fee waived because of relation (father/son). Check the C&R block.
If the transaction is interstate, you just add the C&R firearm to your bound book.

esqappellate · Jun 2, 2015

Inigoes said:
That is only if the handgun does not qualify to be C&R (50 years old or older).

Correct: Section 5-117.1 does not apply to:
(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

An antique firearm is one made in or before 1898. A curio or relic firearm is defined by federal law, 27 C.F.R. 478.11, to mean:

Curios or relics. Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;

(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and

(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.

Inigoes · Jun 2, 2015

Careful using the antique definition.

For a non-black powder firearm (aka center fire or modern ammunition), the ammunition can not be readily available.

Anything black powder is automatically given the status "antique", and is not considered a firearm.

esqappellate · Jun 2, 2015

Inigoes said:
Careful using the antique definition.

For a non-black powder firearm (aka center fire or modern ammunition), the ammunition can not be readily available.

Anything black powder is automatically given the status "antique", and is not considered a firearm.

Point taken as to replicas: here is the definition for Antique, also taken from 27 C.F.R. 478.11:

Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade

Conductor · Jun 2, 2015

Inigoes said:
Careful using the antique definition.

For a non-black powder firearm (aka center fire or modern ammunition), the ammunition can not be readily available.

Anything black powder is automatically given the status "antique", and is not considered a firearm.

About 20 years ago, I had a dealer in MD refuse to sell me a Colt Single Action Army revolver made in 1889 because it used modern centerfire ammunition, in this case, 44-40. I subsequently wrote to the Firearms Technology branch of the ATF, and received a letter from them stating that "...any firearm manufactured prior to the year 1899 is an antique firearm for the purposes of the cited chapter..." (Title 18 US Code, Chapter 44).

The section containing the reference to "...rimfire or conventional centerfire fixed ammunition..." is applicable only to replicas.

Inigoes · Jun 3, 2015

Any way you saved a copy to post up here?

esqappellate · Jun 3, 2015

Inigoes said:
Any way you saved a copy to post up here?

I think that point is explicit in the regs, posted above.

Maryland laws about gifting of firearms

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