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Old December 18th, 2008, 02:53 PM   #1
Rick301
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Gun Transfer ?

First time poster - so be gentle if this is not in the correct forum.

1. I have a 9mm that I bought in GA (while on active duty) about 25 years ago.

2. About that time, I was given a 30-30 as a Christmas present.

3. Since then (years ago) I have acquired (was given) a .22 and a .45 (from my Dad's VietNam days) from my parents.

4. A widow neighbor that I help out a lot wants to give me her husband's (a retired MD police officer) .22 and .38 (his personal backup gun when on patrol).

What do I need to do in terms of registering my current guns and more importantly, what do I need to do to document the transfer from my neighbor?

Any assistance or suggestions will be greatly appreciated.
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Old December 18th, 2008, 03:13 PM   #2
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The guns you owned before moving to maryland are yours, nothing needs to be done. I believe anything before '94 wasn't registered either.

The handgun from your neighbor, she needs to take it and you to either a gun shop or a state police barracks. You do the paperwork, and you'll have to wait 7 days (sometimes more) before you can take possession. The fee is either $10 at the barracks, $35 or more (sometimes alot more) at a gun shop.

These are the simple answers.


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Old December 18th, 2008, 03:13 PM   #3
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#1 & 2 (as long as you are the current owner) need no "registration" unless they are real-honest-to-goodness machine guns (sounds like they are not). "Machine Pistols" like the semi-auto MAC-10 clone or TEC-9 are banned in Maryland unless you registered them back in the mid-90's.

#3 - if these were given while you were in Georgia (and the giver was a Georgia resident) you are OK. If the giving happened in MD, and both were handguns, then we need more info (a gift? were they given to you before 1994(?) or 1998(?) when the "regulated firearm law" went into effect?).

#4- The neighbor's handguns can be transferred through a MD regulated firearms dealer, or you can do the paperwork at the closest state police "barracks". Either place can explain the process. Basically, you'll need proof of "safety training" (DD214, hunter safety card, or MD safety class card), and fill out a two-page background check form. If at the barracks, the neighbor has to come to do the paperwork, too, and then come back after the background check. If at a dealer, she just drops the gun off. You then wait at least seven days for a result on the background check.

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Old December 18th, 2008, 03:14 PM   #4
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Old December 18th, 2008, 03:15 PM   #5
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Originally Posted by Rick301 View Post
First time poster - so be gentle if this is not in the correct forum.

1. I have a 9mm that I bought in GA (while on active duty) about 25 years ago.

2. About that time, I was given a 30-30 as a Christmas present.

3. Since then (years ago) I have acquired (was given) a .22 and a .45 (from my Dad's VietNam days) from my parents.

4. A widow neighbor that I help out a lot wants to give me her husband's (a retired MD police officer) .22 and .38 (his personal backup gun when on patrol).

What do I need to do in terms of registering my current guns and more importantly, what do I need to do to document the transfer from my neighbor?

Any assistance or suggestions will be greatly appreciated.
Welcome to the forum!!!

As far as your current firearms, you don't need to do anything as far as registering them. You can voluntarily register them, but it's not required.

For transferring the firearm from your neighbor... sounds like they are regulated guns, therefore you need to go through the Maryland State Police to process the transfer. I'm not sure of the exact process since I've never done it, but you need to go to your local barracks. Fill out a form. Pay $10. Wait 7 days to be 'not disapproved' and then pick up the gun from your neighbor.

Also you can go to a FFL dealer and they'll help process the paperwork for roughly $25.


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Old December 18th, 2008, 03:18 PM   #6
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Old December 18th, 2008, 03:32 PM   #7
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Thanks for the welcomes.

As for a safety class, can I take my DD-214 showing my expert (rifle) and sharpshooter (pistol) status in lieu of a safety course or hunting class?

Would I benefit from applying for collector status? and should I do that first?

How difficult is getting a CCW in MD? I had one in GA but that expired many years ago ... not that I desperatly need one but it would be comforting to have one in case I wanted to use it.
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Old December 18th, 2008, 03:39 PM   #8
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Additional info:

All the guns that I own are handguns and were owned before '94 except the 30-30 (owned before '94) which is a rifle and the .45 (handgun) which I got when my father went into assisted living two years ago and has since passed.
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Old December 18th, 2008, 03:58 PM   #9
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Old December 18th, 2008, 04:01 PM   #10
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Originally Posted by Rick301 View Post
Thanks for the welcomes.

As for a safety class, can I take my DD-214 showing my expert (rifle) and sharpshooter (pistol) status in lieu of a safety course or hunting class?
Yes.

Quote:
Would I benefit from applying for collector status?
Yes, but for later purchases as I read it.
Quote:
and should I do that first?
Sure, why not, it's free.
If it is not a purchase, then the law does not mention gifts of more than one regulated firearm in thirty days cannot be done, so as I read it, two gifts in thirty days would not be an issue.....but I am not a lawyer. YOu might want to check with the MDSP first on that one.

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How difficult is getting a CCW in MD?
That depends, are you the Pope?
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Old December 18th, 2008, 04:19 PM   #11
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Thanks for the additional info. I'm not a MD lawyer, but the only problem that MIGHT arise concerns your dad's .45.

Since you took possession two years ago, it technically MAY need to be reported to MSP as an estate bequest using the transfer/registration process we described (but without the waiting period), if you and your dad were in MD at that time. Maybe Novus has more info on estate transfers between family members?
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Old December 18th, 2008, 05:04 PM   #12
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Thanks for the additional info. I'm not a MD lawyer, but the only problem that MIGHT arise concerns your dad's .45.

Since you took possession two years ago, it technically MAY need to be reported to MSP as an estate bequest using the transfer/registration process we described (but without the waiting period), if you and your dad were in MD at that time. Maybe Novus has more info on estate transfers between family members?


Inheritance:
Quote:
Article - 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
There is no time limit mentioned, but I have no idea what that means.

If it is not inheritance and was given from father to son, then there is a time limit for reporting, but I guess you could say it was a temporary gratuitous loan before and the actual transfer of ownership just happened now. The form has to be submitted within five days. Here is the gifting between family members in code:
Quote:
(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.
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Old December 18th, 2008, 06:26 PM   #13
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Originally Posted by Jaybeez View Post
The fee is either $10 at the barracks, $35 or more (sometimes alot more) at a gun shop.
It's illegal for a FFL to charge more then $20 for a secondary transfer between private parties for regulated firearms (above the $10 fee).

Quote:
§ 5-124. Secondary transactions.



(a) Seven-day waiting period.-

(1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.

(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.

(b) Processing fee.- A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.
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Old December 18th, 2008, 08:23 PM   #14
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Originally Posted by Rick301 View Post
4. A widow neighbor that I help out a lot wants to give me her husband's (a retired MD police officer) .22 and .38 (his personal backup gun when on patrol).
sounds like two hand guns.

can you take possession of BOTH at the SAME TIME?? i thought you had to wait 30 days between each..


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Old December 18th, 2008, 08:30 PM   #15
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sounds like two hand guns.

can you take possession of BOTH at the SAME TIME?? i thought you had to wait 30 days between each..
The law says one cannot "purchase" more than one in 30. It does not mention rent, transfer or gift like it does in other parts of the code for other restrictions.
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Old December 18th, 2008, 08:59 PM   #16
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The law says one cannot "purchase" more than one in 30. It does not mention rent, transfer or gift like it does in other parts of the code for other restrictions.
oh i see! hmmm, that's got me thinking....


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Old December 18th, 2008, 09:10 PM   #17
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oh i see! hmmm, that's got me thinking....
Want to know something else rather interesting? The Handgun Roster only applies to sales and purchases too. It does not seem to apply to gifts.

Quote:
§ 5-406.

(a) (1) Except as provided in § 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

(2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.

(3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer's identification mark or number is obliterated, removed, changed, or otherwise altered.

(b) The Secretary may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in violation of this section, of a handgun that is not included on the handgun roster.

(c) (1) A person who manufactures a handgun for distribution or sale in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.

(2) A person who sells or offers to sell a handgun in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 for each violation.
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