Registration is voluntary.
We'll of course!!! I was trying to just get a popular opinion answer quick! After all, I could die at anytime. Lol
As stated previously, I'm thinking maybe it was "banned items". I will talk to my co-worker again on Monday and get more info on what exactly was said.
Crim Law §4–302.
This subtitle does not apply to:
(1) ......
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
With that said, things can get pretty tricky if a person dies intestate (i.e., without a will), there are more than one beneficiary to the estate, and the single assault weapon in the estate is wanted by more than one beneficiary. Not only that, but the personal representative has the discretion to liquidate all tangible personal property/assets via sale and convert them into cash to be distributed to the beneficiaries.
Short of it is, the instructor is not entirely right, but chances are that if an assault weapon is not inherited via a specific bequest in a will, it just isn't going to happen.
Now, there is a difference between an assault weapon and a regulated firearm. Regulated firearms or pretty much only handguns right now. However, the same issue comes into play when a person dies intestate. Who is getting the firearms.
Make this stuff simple ahead of time, and save a lot of grief and money on the back end. Get a will in place right now. After tax season, I am going to edit mine and my wife's to take into account the 2013 firearm acquisitions.
This truly is an ounce of prevention is worth a pound of cure. I've seen where people have died without a Will in place and it created a complete disaster.
It was a class. He said it was given from a retired Baltimore police officer. She didn't quote the statute number. But it sounds like from a previous comment that maybe this isn't true. Thank God!
But I guess it wouldn't hurt to leave them to someone just in case.
You have underage children. Is there a way for you to will your regulated/assault firearms to an entity that can hold them so to speak until the children grow up?
Just perused the MD Law of Estates and the only possible way that this could happen, according to the statutes I read, is if you die intestate or even with a will, but the heir is disqualified from ownership. Even then, the statute says that a "guardian" would be appointed to manage any property that a minor/DQ'ed person couldn't possess due to age, capacity, disqualification.
MD Law of Estates and Trusts 13-201 (cross-referencing Public Safety Article 5-133).
IAALawStudent.
As far as I know, they cannot be held in an entity. NFA trusts can only hold NFA items.
The plan is for me to leave mine to my wife and vice versa. Should the survivor of the two of us pass before the kids are adults, then they will be left to my dad and his Will will leave them to our kids if they are of age, or if they are still minors his Will will leave them to my mother. Next on the list is my brothers. I am going to have to draft this thing pretty good to make sure that anybody that is prohibited is considered to predecease the decedent. It is going to be a good project for the end of April, beginning of May.
As it is right now, my Will leaves everything to my wife right now, so unless we both die, then we are covered in the short term.
If you left them to your brother, then would your boys have to wait until he passed to get them? Its not legal for him to transfer the guns to them right?
Please ask your friend to provide the statute or regulation that the instructor gave as the foundation for this.
It was taken from The Instructor's Article 55 manual usually referred to simply as A55.
If you hear an instructor say he pulled it from his A55 this is what he means.
Funny, when I google this term, one of the first links is to *this* thread. Is "The Instructors Article 55 manual" a real thing, or something where I can just write a bunch of stuff I decide should be "taught" and then call it MY Article 55 manual?
If it's a real thing, does anyone know where it can be obtained? Thanks.
Funny, when I google this term, one of the first links is to *this* thread. Is "The Instructors Article 55 manual" a real thing, or something where I can just write a bunch of stuff I decide should be "taught" and then call it MY Article 55 manual?
If it's a real thing, does anyone know where it can be obtained? Thanks.
It was taken from The Instructor's Article 55 manual usually referred to simply as A55.
If you hear an instructor say he pulled it from his A55 this is what he means.
I think your sarcasm meter is low on coffee.
If you have a copy of Articles, Numbered Uniformed Statutes you can obtain it from yours, just like this instructor apparently did.
When did Towson get a law school? lol
That section would be a stretch to have a guardian appointed to "protect" or "manage" assets that consist of regulated firearms. Essentially, that statute is in place to prevent a young child from getting his/her hands on a large sum of money via inheritance. Kind of like the Uniform Gifts/Transfers to Minors Act.
The guardian would still be holding the firearms in trust. This really needs some serious research to see if a regular trust can hold firearms in it. I spent an entire evening last summer trying to figure this out and came to the conclusion that a trust cannot legally own anything but NFA items, but I didn't document my research since it was only for myself. Might delve further into this subject at the end of April. It really would be nice if a trust could own a banned firearm for the benefit of the designated beneficiaries within the trust, but I don't think that is going to fly.