Grandpa Gave Grandson a Gun . . .

[knownalien]

I have a friend whose, about 17 years ago, grandfather gave him two pistols. The grandson is now much older, but he is afraid to do anything with the guns because he is scared that somehow he is skirting the law or will get in trouble. I tried to tell him, I don't think it's an issue because MD doesn't keep records for that long anyway, but nonetheless they do regulate FTF sales/transactions of handguns. So from that angle, there must be some law that either "granfather's in" this old transaction or is somehow an exception. The grandson is otherwise NOT prohibited from owning any firearm. Lastly, is there any way to make this transfer official since his grandfather has long been deceased?

Thoughts?

thanks.

 

[hvymax]

Nothing to see here. Tell him to enjoy them in good health.

 

[knownalien]

Nothing to see here. Tell him to enjoy them in good health.

that's what I figured, but I wanted to show him something more definitive.

 

[teratos]

that's what I figured, but I wanted to show him something more definitive.

If showing him a post by a guy who has Stimpy as an avatar won't convince him, what will?

 

[knownalien]

If showing him a post by a guy who has Stimpy as an avatar won't convince him, what will?

well that's what I said!! Stimpy is the shizznit! He could have handled Woollard better than Gansler.

 

[esqappellate]

that's what I figured, but I wanted to show him something more definitive.

The handguns are still regulated, even though inherited. Talk to your lawyer about this:
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.

See also MD Code, Criminal Law, § 4-302 (assault pistols by inheritance)

MD Code, Public Safety, § 5-133 (transfer of title not possession to persons under 21).

 

[knownalien]

The handguns are still regulated, even though inherited. Talk to your lawyer about this:
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.

See also MD Code, Criminal Law, § 4-302 (assault pistols by inheritance)

MD Code, Public Safety, § 5-133 (transfer of title not possession to persons under 21).

thanks. except that that part can never happen as the Grandpa is deceased.

 

[paulstitz]

What were the laws in 1995?

 

[esqappellate]

thanks. except that that part can never happen as the Grandpa is deceased.

It is the heir, the grandson, that fills out the form, not the grandpa.

 

[knownalien]

It is the heir, the grandson, that fills out the form, not the grandpa.

thanks. could you show me where that app is online??? pretty please . . . .with sugar and spice . . . . .

 

[esqappellate]

What were the laws in 1995?

That statute was passed in 2003, I believe. The OP asked if there was anything he could do now. I am not giving any advice here on what to do. I did not want to leave the impression that inheritance is not regulated presently.

 

[coopermania]

What were the laws in 1995?

exactly 17 yrs ago completly different laws.

 

[esqappellate]

thanks. could you show me where that app is online??? pretty please . . . .with sugar and spice . . . . .

Jeez, I would be happy to, but I have no idea if it is on line or not. Any gun store should have it, though. He can take the handguns to any gun store and the dealer can do it there for a fee.


Here is the statute:

West's Annotated Code of Maryland Currentness
Public Safety (Refs & Annos)
Full text of all sections at this level Title 5. Firearms
Full text of all sections at this level Subtitle 1. Regulated Firearms (Refs & Annos)
Current selection§ 5-118. Firearm application


In general

(a) A firearm applicant shall:

(1) submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and

(2) pay to the licensee or designated law enforcement agency an application fee of $10.

Required information

(b) A firearm application shall contain:

(1) the firearm applicant's name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver's or photographic identification soundex number, occupation, and regulated firearm information for each regulated firearm to be purchased, rented, or transferred;

(2) the date and time that the firearm applicant delivered the completed firearm application to the prospective seller or transferor; and

(3) a statement by the firearm applicant under the penalty of perjury that the firearm applicant:

(i) is at least 21 years old;

(ii) has never been convicted of a disqualifying crime;

(iii) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(iv) is not a fugitive from justice;

(v) is not a habitual drunkard;

(vi) is not addicted to a controlled dangerous substance or is not a habitual user;

(vii) has never spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless a physician's certificate issued within 30 days before the date of application is attached to the application, certifying that the firearm applicant is capable of possessing a regulated firearm without undue danger to the firearm applicant or to another;

(viii) is not a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;

(ix) if under the age of 30 years at the time of application, has not been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; and

(x) subject to § 5-119 of this subtitle, has completed a certified firearms safety training course that the Police Training Commission conducts without charge or that meets the standards that the Police Training Commission establishes under § 3-207 of this article.

Required warning

(c) Each firearm application shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.”.

Firearm application of corporation

(d) If the firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

CREDIT(S)

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.

 

[knownalien]

Jeez, I would be happy to, but I have no idea if it is on line or not. Any gun store should have it, though.

k. I'll forward this to my friend. thanks.

 

[CapoGreg]

When my dad passed in September, I inherited a pretty large collection, including 7 regulated firearms. I called the Regulated Firearms Section and talked to a Sgt about what to do. He said that it would be a voluntary registration and that if I wanted to, go to the local barrack and get 1 transfer form and 2 supplemental forms to cover all 7 guns. Fill them out the best I could and mail them to their office in Pikesville. The transfer was free of charge and they mailed me back my copies with a note saying "For Your Records, Thank you."

 

[mudskipper]

It's nobody's damn business what anyone's Grandfather gave them, when he gave it to them, or how old they were when they received it.

It really is just that simple. None of anyone's F'ing business.

We live in a State who's governmental officials have proven to not respect the rule of law or compliance with a Judge's decision. I'd say that simillarly absolves anyone else from compliance with those laws of this state which they disagree with as well.

 

[Tconfo]

Take them and be done.

 

[boatbod]

I'm not advocating any particular course of action, but consider for a minute that someone who moves to MD and brings their guns with them is under no obligation to register them. Now I recognize this is different to the OP's situation, but my point of bringing it up is to illustrate that just because someone possesses one or more regulated firearms does not mean they have to be registered with MSP to be legal. Unless the gun has been reported stolen, LEO has no way to know how you acquired it.

The transfer happened a long time ago before the current laws were in place. IMO submitting transfer paperwork now is just going to complicate your life unnecessarily.