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Old April 22nd, 2009, 01:10 PM   #1
Yunus
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Inheriting guns

My dad no longer shoots and I do so I would like to inherit his collection of guns. There are multiple pistols/rifles/shotguns. He is a PA resident, I am a Maryland resident. Does paperwork need to be done on any of them? From my limited knowledge it seems like yes on the pistols and no on the rifles/shotguns. If paperwork needs to be done does this mean that I am limited to 1 pistol every 30 days?
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Old April 22nd, 2009, 03:27 PM   #2
NitroMidgets
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I wondered about this also because my father has his federal license as a collector and he is allowed to collect things that the normal person can't. I wonder how they would handle that. I guess I would have to keep quiet until my license came through.
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Old April 22nd, 2009, 03:32 PM   #3
novus collectus
 
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Quote:
Originally Posted by Yunus View Post
My dad no longer shoots and I do so I would like to inherit his collection of guns. There are multiple pistols/rifles/shotguns. He is a PA resident, I am a Maryland resident. Does paperwork need to be done on any of them? From my limited knowledge it seems like yes on the pistols and no on the rifles/shotguns.
For long guns not considered MD regulated, no paperwork whatsoever and you do not need an FFL.
For pistols and regulated long guns, you need to fill out the application for purchase/transfer and send it into the MDSP.....that is all.
You do not need an FFL, a MD dealer or even to go down to the MDSP barracks to do the transfer and pay a fee. YOu just need to notify them with the application.

Quote:
If paperwork needs to be done does this mean that I am limited to 1 pistol every 30 days?
No, there are two things making you not have to worry about this. One is that inheritance exempts you from almost all of the subtitle dealing with this and the other is the one in 30 days applies to purchases and says nothing about gifts or inheritance.

I will be back with the laws I am talking about in a minute.
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Old April 22nd, 2009, 03:44 PM   #4
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Quote:
Article - Public Safety

§ 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.


(o) "Licensee" means a person who holds a dealer's license.


(p) "Regulated firearm" means:


(1) a handgun; or


(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:


(i) American Arms Spectre da Semiautomatic carbine;


(ii) AK-47 in all forms;


(iii) Algimec AGM-1 type semi-auto;


(iv) AR 100 type semi-auto;


(v) AR 180 type semi-auto;


(vi) Argentine L.S.R. semi-auto;


(vii) Australian Automatic Arms SAR type semi-auto;


(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;


(ix) Barrett light .50 cal. semi-auto;


(x) Beretta AR70 type semi-auto;


(xi) Bushmaster semi-auto rifle;


(xii) Calico models M-100 and M-900;


(xiii) CIS SR 88 type semi-auto;


(xiv) Claridge HI TEC C-9 carbines;


(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;


(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;


(xvii) Dragunov Chinese made semi-auto;


(xviii) Famas semi-auto (.223 caliber);


(xix) Feather AT-9 semi-auto;


(xx) FN LAR and FN FAL assault rifle;


(xxi) FNC semi-auto type carbine;


(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;


(xxiii) Steyr-AUG-SA semi-auto;


(xxiv) Galil models AR and ARM semi-auto;


(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;


(xxvi) Holmes model 88 shotgun;


(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;


(xxviii) Manchester Arms "Commando" MK-45, MK-9;


(xxix) Mandell TAC-1 semi-auto carbine;


(xxx) Mossberg model 500 Bullpup assault shotgun;


(xxxi) Sterling Mark 6;


(xxxii) P.A.W.S. carbine;


(xxxiii) Ruger mini-14 folding stock model (.223 caliber);


(xxxiv) SIG 550/551 assault rifle (.223 caliber);


(xxxv) SKS with detachable magazine;


(xxxvi) AP-74 Commando type semi-auto;


(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;


(xxxviii) Street sweeper assault type shotgun;


(xxxix) Striker 12 assault shotgun in all formats;


(xl) Unique F11 semi-auto type;


(xli) Daewoo USAS 12 semi-auto shotgun;


(xlii) UZI 9mm carbine or rifle;


(xliii) Valmet M-76 and M-78 semi-auto;


(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or


(xlv) Wilkinson Arms 9mm semi-auto "Terry".
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

(9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.
Quote:
(b) One purchase limit. A person may not
purchase more than one regulated firearm in a
30-day period.
Federal law stating you can recieve by inheritance accross state lines without an FFL:
Quote:
(a) It shall be unlawful—...


....(3) for any person other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector to transport into or receive in
the State where he resides (or if the
person is a corporation or other business
entity, the State where it maintains
a place of business) any firearm purchased
or otherwise obtained by such
person outside that State, except that
this paragraph (A) shall not preclude
any person who lawfully acquires a
firearm by bequest or intestate succession
in a State other than his State of
residence from transporting the firearm
into or receiving it in that State, if it is
lawful for such person to purchase or
possess such firearm in that State,
(B)
shall not apply to the transportation or
receipt of a firearm obtained in conformity
with subsection (b)(3) of this section,
and (C) shall not apply to the
transportation of any firearm acquired in
any State prior to the effective date of
this chapter;
Two things to mention, it might not be legal to recieve what MD calls "assault pistols", so make sure none are on the AP list (the list above is "assault weapons" which are not the same and which are legal, but regulated).
The other is that you do not have to notify the state about unregulated long guns whatsoever.
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Old April 24th, 2009, 12:44 PM   #5
Jerry M
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What about the 1968 Gun Control Act and private transfer across state lines. Guns from out of state should go through an FFL.

Good luck
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Old April 24th, 2009, 02:01 PM   #6
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Quote:
Originally Posted by Jerry M View Post
What about the 1968 Gun Control Act and private transfer across state lines. Guns from out of state should go through an FFL.

Good luck
I covered that in my last post, the transfer accross state lines is allowed in the GCA without an FFL:
Quote:
(A) shall not preclude
any person who lawfully acquires a
firearm by bequest or intestate succession
in a State other than his State of
residence from transporting the firearm
into or receiving it in that State, if it is
lawful for such person to purchase or
possess such firearm in that State,
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Old February 21st, 2010, 12:33 AM   #7
kNightAngel
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More questions on inheriting guns

Hi, I hope some of you can help me out with some questions I have.

When my father passed away in 2003 he left me two .22 competition rifles I used to shoot in High School many years ago, a competition air rifle, and a .38 pistol. At the time of his passing, I was unable to convince my wife that having a gun at home was okay. Things have changed now so that is not a problem. I will be flying out to AZ in March to visit my mother and I would like to bring the rifles and pistol back to MD with me. I have some questions about doing that and hope you all can answer them.

Based on what I have read in this thread and other research it appears that I do not need to go through an FFL for the Rifles. I also would not need to register them or submit an application to purchase or transfer for the rifles. Is that right?

It would appear that the pistol would be different. Per Maryland code 5-102(8), I am required to submit an application to purchase or transfer for the pistol. Is that right? If so, what is the proper process? Would I need to go through an FFL? I have read conflicting information on the process as it relates to inheriting guns.

In terms of getting the guns home to Maryland, I am not too concerned about getting the guns to Maryland by plane (although that is another topic that I haven't quite nailed down yet), but I am a little concerned about what the laws are about bringing the guns with me (in the trunk) home from National Airport to Wheaton, MD. Will I need a permit to bring the rifles and the pistol home from the airport either in VA or MD? What if I wanted to drive home via D.C.?


Thank you Novus Collectus for the helpful sections of the MD and Fed law in the original thread. Also thanks to everyone that can help out with these questions, I am new to the group and it looks like there are some interesting topics being discussed here.
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Old February 21st, 2010, 12:54 AM   #8
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Quote:
Originally Posted by kNightAngel View Post
Hi, I hope some of you can help me out with some questions I have.

When my father passed away in 2003 he left me two .22 competition rifles I used to shoot in High School many years ago, a competition air rifle, and a .38 pistol. At the time of his passing, I was unable to convince my wife that having a gun at home was okay. Things have changed now so that is not a problem. I will be flying out to AZ in March to visit my mother and I would like to bring the rifles and pistol back to MD with me. I have some questions about doing that and hope you all can answer them.
If they were left to you and no one else owned them since, then they are yours and both the handgun and long guns are yours to take possession of even accross state lines.

Quote:
Based on what I have read in this thread and other research it appears that I do not need to go through an FFL for the Rifles. I also would not need to register them or submit an application to purchase or transfer for the rifles. Is that right?
Correct.

Quote:
It would appear that the pistol would be different. Per Maryland code 5-102(8), I am required to submit an application to purchase or transfer for the pistol. Is that right? If so, what is the proper process? Would I need to go through an FFL? I have read conflicting information on the process as it relates to inheriting guns.
If you recieved the pistol in MD the pistol would definitely be different, but as someone eles in your position in the past pointed out, if the receipt occured in another state, like AZ, then this is a gray area and I have a feeling MD law does not apply and no application for transfer needed.
If however you did recieve the handguns while in MD, no FFL nor MD regulated firearms dealer needed. All that would be needed is for you to submit an application for purchase/transfer to the MDSP after the fact.

Quote:
In terms of getting the guns home to Maryland, I am not too concerned about getting the guns to Maryland by plane (although that is another topic that I haven't quite nailed down yet), but I am a little concerned about what the laws are about bringing the guns with me (in the trunk) home from National Airport to Wheaton, MD. Will I need a permit to bring the rifles and the pistol home from the airport either in VA or MD? What if I wanted to drive home via D.C.?
No permit needed. If you are transporting according to the fed transport law, you can pass through DC. In other words, guns in trunk and unloaded and you are ok.
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Old February 21st, 2010, 04:42 AM   #9
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What about just shipping the guns to himself in Md. from himself in Az.?

None of the guns would have to be registered in Md. if you aquired them in Az. - which fed law says you can legally do. Provided none of them are "assault pistols".


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Old February 21st, 2010, 07:50 AM   #10
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One man's story

I have a friend who lives in Maryland and who inherited multiple handguns on the death of his father several years back. His father had lived in a different state. My friend traveled to the other state and took possession of the handguns there (none were "assault" handguns). He then transported them all into Maryland via automobile. My friend called the Maryland State Police and asked how to handle it. Sgt. Davis in the licensing division said it would be regarded as "a voluntary registration," and confirmed that the one-gun-a-month law did not apply. My friend submitted the standard firearm transfer forms, with all of the handguns listed on a single MSP form 77. There were no fees.
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Old February 21st, 2010, 08:05 AM   #11
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Novus: Would your interpretation be that if I wanted to put a folding stock on a Mini-14, that I would just have to submit papework to MSP? (referencing 5-101 (xxxiii)).

(Please pardon any appearance of a thread hijack - just seems like a good time to pose the question).

Thank you!


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Old February 21st, 2010, 12:19 PM   #12
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Originally Posted by SmokingGun View Post
Novus: Would your interpretation be that if I wanted to put a folding stock on a Mini-14, that I would just have to submit papework to MSP? (referencing 5-101 (xxxiii)).

(Please pardon any appearance of a thread hijack - just seems like a good time to pose the question).

Thank you!
Short answer, no.

Long answer, you must be at least 21 to possess regulated firearms if you do not fit into one of the exceptions listed in statute. You can make your own regulated handgun in MD as long as you did not make it for sale (unless it is on the handgun roster) and there is nothing in MD law about making a regulated long gun whatsoever. The MSP paperwork in regards to regulated firearms is for transfer and voluntary registration. It has nothing to do with manufacturing and since registration for regulated firearms in MD is voluntary, you do not have to notify the MSP.

I am not a lawyer.
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Old February 21st, 2010, 01:33 PM   #13
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Novus: Thank you so much for your insight!


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Old February 22nd, 2010, 12:04 AM   #14
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Thanks

Thanks for all the help in answering my questions. Will let folks know if I learn anything different.
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