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Old May 27th, 2012, 12:22 PM   #1
Josh123
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How do I transfer gun ownership from my deceased father to me?

My dad had a collection of about 10 semi-automatics and revolvers (no assault weapons). He was and I am a Maryland resident. My father passed away 9 years ago and his estate (including the handguns) was transferred to my mother. My mother is also a Maryland resident. She has physical possession of the handguns, but never filled out any paperwork or took any actions pertaining to the handguns after my father passed away. My questions are:

(1) What is the proper process for my mother to transfer the handguns to me, knowing the back story of my father's ownership of the handguns?
(2) Can my mother transfer all of the handguns to me at once?
(3) Is there a waiting period?

Thank you in advance to anyone who can assist with my questions! And yes, I understand that anyone who answers my questions is most likely not a lawyer and I will not rely upon your advice in any legal manner.

-Josh

Last edited by Josh123; May 27th, 2012 at 12:29 PM. Reason: Updated to be more specific
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Old May 27th, 2012, 12:35 PM   #2
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That's Your Inheritance,Quietly take possession and enjoy them!
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Old May 27th, 2012, 12:40 PM   #3
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Quote:
Originally Posted by Josh123

(1) What is the proper process for my mother to transfer the handguns to me, knowing the back story of my father's ownership of the handguns?
(2) Can my mother transfer all of the handguns to me at once?
(3) Is there a waiting period?
1) Goto the nearest msp parents or ffl to transfer them, a ffl can charge upto $20 or free at the msp barracks.

2) Yes

3) Yes, the typical 7 days.
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Old May 27th, 2012, 12:43 PM   #4
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http://www.mdgunsafety.com/mspfaq.htm

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Can the transfer of a regulated firearm be conducted between two family members?
Yes, this type of transaction is considered a gift. The law stipulates, if the regulated firearm is a gift to the purchaser’s, spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(1) Complete an application to purchase or transfer a regulated firearm; and
(2) Forward the application to the Secretary of the State Police within 5 days after receipt of the regulated firearm.


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Old May 27th, 2012, 12:44 PM   #5
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If you can legally possess a firearm in maryland, consider them a gift from your father and enjoy every minute of them. Registration is voluntary in Maryland
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Old May 27th, 2012, 12:49 PM   #6
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Quote:
Originally Posted by Bootknife View Post
That's Your Inheritance,Quietly take possession and enjoy them!
Quote:
Originally Posted by tailboardtech View Post
If you can legally possess a firearm in maryland, consider them a gift from your father and enjoy every minute of them. Registration is voluntary in Maryland
That


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Old May 27th, 2012, 03:50 PM   #7
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Thanks

Thanks for everyone's help. From what everyone is saying, it looks like I can just take possession of them, since I am legally permitted to possess firearms.
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Old May 27th, 2012, 03:56 PM   #8
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Quote:
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If you can legally possess a firearm in maryland, consider them a gift from your father and enjoy every minute of them. Registration is voluntary in Maryland
But they were NOT bequested to him by his father. This is not a transfer from a parent, and free to do at MSP. It is a gift transfer and MUST be treated accordingly.

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Originally Posted by Josh123 View Post
Thanks for everyone's help. From what everyone is saying, it looks like I can just take possession of them, since I am legally permitted to possess firearms.
That is wrong. You and your mother must go to MSP to do the paperwork (if you don't want to pay.) The process would have been a little different (but still required paperwork at MSP) had they been given to you as part of a will. But these are not, these are a gift transfer.

This is NOT registration, which is voluntary in MD. This is a transfer of ownership.


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Old May 27th, 2012, 04:15 PM   #9
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That makes sense, thanks for the clarification. Especially about the difference between registration and transfer of ownership.
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Old May 27th, 2012, 04:18 PM   #10
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That's Your Inheritance,Quietly take possession and enjoy them!
Very sound logic!
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Old May 27th, 2012, 04:31 PM   #11
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As a follow up - I called the Glen Burnie Barracks and I was told to just get a notarized letter from my mother listing all of the handguns and that they are being transferred to me. The officer also said the handguns would be registered to my name and that it was the law to do so. He was not aware of any distinction between transferring ownership and registering. Semantics?
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Old May 27th, 2012, 04:42 PM   #12
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The officer also said the handguns would be registered to my name and that it was the law to do so. He was not aware of any distinction between transferring ownership and registering. Semantics?
So much for "voluntary registration"?


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Old May 27th, 2012, 04:46 PM   #13
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IANAL...couldn't the OP just leave them in mom's ownership, ask her for permission to borrow them, and have her bequeath them to him in her will? Would that not avoid the whole registration/transfer issue, assuming the OP is legal to possess and can endure the wait?


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Old May 27th, 2012, 05:10 PM   #14
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Yep, but even if inherited you still gotta do the MSP paperwork. Borrowing just delays it.
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Old May 27th, 2012, 05:29 PM   #15
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So much for "voluntary registration"?
Registration is voluntary. Transfering is not.

If you come from out of state you do not have to register the weapon.


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Old May 27th, 2012, 05:33 PM   #16
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When you transfer ownership as a MD resident, that is effectively registering the firearm with the MSP. The "voluntary registration" I was referring to was more when you move into the state already owning what would be regulated firearms in MD, you may but are not required to register them with the state then.


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Old May 27th, 2012, 05:34 PM   #17
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do the right thing.. transfer it correctly for less headache.


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Old May 27th, 2012, 05:39 PM   #18
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But they were NOT bequested to him by his father. This is not a transfer from a parent, and free to do at MSP. It is a gift transfer and MUST be treated accordingly.




That is wrong. You and your mother must go to MSP to do the paperwork (if you don't want to pay.) The process would have been a little different (but still required paperwork at MSP) had they been given to you as part of a will. But these are not, these are a gift transfer.

This is NOT registration, which is voluntary in MD. This is a transfer of ownership
.
This is correct. There is a state statute on bequest and gifts of regulated firearms among family. A transfer of ownership requires the same forms as a purchase and can be done at barracks. Dont bring the handgun into the building call ahead and ask for assistance


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Old May 27th, 2012, 05:43 PM   #19
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This is correct. There is a state statute on bequest and gifts of regulated firearms among family. A transfer of ownership requires the same forms as a purchase and can be done at barracks. Dont bring the handgun into the building call ahead and ask for assistance
i believe you can just mail it too.. and its free.


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Old May 27th, 2012, 06:14 PM   #20
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It is free at MSP, it will just take you a hour or two for them to do the paperwork. Nio charge for family transfers


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