List of regulated firearms owned by an individual

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  • gmkoh

    Active Member
    Feb 26, 2013
    327
    Annapolis
    I am not sure which forum this is best posted, but this may get the best response as it relates to MD firearms regulation
    A close friend- avid shooter, hunter, collector passed away recently leaving a collection of firearms, including handguns. His widow is considering selling some f them. I don't think he had anything on the soon to be banned list. And he has some old handguns, and some that I think he purchased before he moved to Maryland.
    Can she get a list of any firearms he owned registered in MD? And how would she do that?
    If she liquidates his gun library, I assume that anything he had that wasn't registered to him but that under current law would be regulated has to be sold out of state or sold through the MSP in state. Sales out of state would go through that state's FFL and be subject to that state's laws. Is this correct?

    Off 2A topic a bit, but are there any good firearms appraisers around?
     

    gmkoh

    Active Member
    Feb 26, 2013
    327
    Annapolis
    Appraisal? Just google the make/model or look them up on gunbroker and see average price

    The need for an appraiser has something to do with the family trust, taxes, probate- something along those lines. So an informal idea of value from gunbroker probably would not suffice.
     

    ohen cepel

    Ultimate Member
    Feb 2, 2011
    4,532
    Where they send me.
    Yes, if sold out of state it would have to go to their FFL (unless C&R and they have one) and comply with the laws there.

    Would have to know a bit more about the collection. If it's standard items you should be able to pay a local shop for an appraisal. Not sure what qualifications it takes be make that appraisal official enough. However, if the man had a lot of Parkers, old Winchesters or unique collectibles then I would want to be sure to find someone who is better informed of that market.
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    "registered" or not, the rules are the same

    A close friend- avid shooter, hunter, collector passed away recently leaving a collection of firearms, including handguns. His widow is considering selling some of them. I don't think he had anything on the soon to be banned list. And he has some old handguns, and some that I think he purchased before he moved to Maryland.
    Can she get a list of any firearms he owned registered in MD? And how would she do that?
    If she liquidates his gun library, I assume that anything he had that wasn't registered to him but that under current law would be regulated has to be sold out of state or sold through the MSP in state. Sales out of state would go through that state's FFL and be subject to that state's laws. Is this correct?

    Let's assume for sake of discussion that we are talking about regular handguns and regular long guns, not any of the so-called "assault" pistols or long guns that will be banned. Let us also assume that widow has clear ownership of all the guns.

    It is not readily apparent to me why the widow needs to be concerned about which firearms are registered in Maryland. Whether or not a given handgun or other firearm is in the Maryland database, the state and federal laws that govern the sale or other disposition are the same.

    If she wishes to sell the a firearm to a resident of another state, federal law requires that she must ship it or otherwise convey it to someone in the recipient state who holds the appropriate kind of Federal Firearms License for a given transaction (which depends on the age of the gun, etc.) This can be done in person or by shipping via UPS or FedEx. The details are explained or can be explained elsewhere. The people on the receiving end are responsible for ensuring that the laws of the recipient state are followed.

    None of this requires any involvement by a Maryland dealer, for someone who takes a little time to study the rules. Maryland is not involved in the type of transactions I've just described, which take place outside its jurisdiction. None of what I've described so far requires any reporting to any firearms-regulating authority in Maryland, or any other involvement by Maryland authorities. Having a handgun "registered" in Maryland does not make it the property of the State of Maryland. Maryland does not and, in my view at least, cannot forbid you from taking your property out of state.

    However, if she wishes to sell a handgun to another Maryland resident, it must be transferred within the Maryland State Police system, which means either paying a dealer a big fee to do the paperwork, or making an appointment at a Maryland State Police barracks and paying only $10 to transfer a single handgun; batches can also be transferred this way.

    If she wishes to sell a regular shotgun or rifle to another Maryland resident, it can be done without paperwork, as long as she ascertains that the buyer is a Maryland resident, over age 21, and has no reason to think that the buyer is disqualified from possessing a firearm under state or federal law.

    Many estates make the mistake of thinking that their only viable option is to take everything down to the nearest gun shop, where they will get a fraction of the market value in many cases. It's an option, but not the only option.

    If you send me a private message or email through the tool on this website, I may be able to put you in touch with a retired appraiser who has no financial interest in buying or selling guns.

    I am not a lawyer and nothing here constitutes legal advice. I am just describing my general understanding of the rules that we all must abide by in such transactions. Nor do I mean to impugn dealers as a class -- but, not all dealers are the best sources for information on all of your legal options.
     
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