Is it LEGAL???

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Feb 28, 2013
    28,953
    You can't even inherit it if it was purchased originally before 2013 as it would be transferred to you at a date later than 2013.

    Transferred is the key word here. You personally were not the owner prior to the FSA ban, therefore you can't take possession of it.

    What's more, you couldn't inherit a FSA-Banned firearm in state. Just as you can't sell a pre-2013 FSA-Banned firearm to someone in state.

    Banned guns ain't transferable upon death? Since when?
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,466
    MoCo
    There are a host of exclusions from the prohibitions in the law, including inheritance, as follows...

    This subtitle does not apply to:

    (5) the receipt of an assault [pistol] WEAPON or detachable magazine
    by inheritance, AND POSSESSION OF THE INHERITED ASSAULT WEAPON OR
    DETACHABLE MAGAZINE, if the decedent lawfully possessed the assault [pistol]
    WEAPON OR DETACHABLE MAGAZINE AND THE PERSON INHERITING THE
    ASSAULT WEAPON OR DETACHABLE MAGAZINE IS NOT OTHERWISE
    DISQUALIFIED FROM POSSESSING A REGULATED FIREARM;


    It appears that banned firearms are inheritable, and it does not matter when the decedent purchased the arm. Contact your own lawyer for advice regarding your individual circumstances.
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,102
    In the boonies of MoCo
    There are a host of exclusions from the prohibitions in the law, including inheritance, as follows...

    This subtitle does not apply to:

    (5) the receipt of an assault [pistol] WEAPON or detachable magazine
    by inheritance, AND POSSESSION OF THE INHERITED ASSAULT WEAPON OR
    DETACHABLE MAGAZINE, if the decedent lawfully possessed the assault [pistol]
    WEAPON OR DETACHABLE MAGAZINE AND THE PERSON INHERITING THE
    ASSAULT WEAPON OR DETACHABLE MAGAZINE IS NOT OTHERWISE
    DISQUALIFIED FROM POSSESSING A REGULATED FIREARM;


    It appears that banned firearms are inheritable, and it does not matter when the decedent purchased the arm. Contact your own lawyer for advice regarding your individual circumstances.

    Well shoot! Glad to know. I was severely misinformed by MSP.....
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,466
    MoCo
    Well shoot! Glad to know. I was severely misinformed by MSP.....

    Wow, I've never heard of that coming from MSP before! :shocked:

    If the time comes that you inherit, double check. The law seems to be a moving target around here, even when the legislature in not in session.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    You can't even inherit it if it was purchased originally before 2013 as it would be transferred to you at a date later than 2013.

    Transferred is the key word here. You personally were not the owner prior to the FSA ban, therefore you can't take possession of it.

    What's more, you couldn't inherit a FSA-Banned firearm in state. Just as you can't sell a pre-2013 FSA-Banned firearm to someone in state.

    If it was purchased pre-2013 if absolutely can be transferred to you upon death. You've gotta be the next of kin or named in the will (IE my wife's uncle would have to will it to me. Otherwise his next of kin is his two brothers and sister, not me).

    If it was purchased post 2013 would be a good question for a Maryland AG. I'd suggest MD leg certainly didn't intend for anything post 2013 to be ever able to come in to Maryland. I just don't think the language of the law is clear enough on post 2013 purchase inheritance. If I should say it is clear that there is no prohibition. On the other hand the law is clear that normally living people can't bring anything purchased post 2013 in to the state.

    I'd still want an AG's opinion.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    What would be tricky is that the relative purchased it lost 2013 in this hypothetical. The law says simply you can inherit it. I doubt it has been tested if that means you can inherit a rifle that is banned and was purchased and owned out of state post 2013. I doubt that was he legislatures intent to allow that as they won't let people establishing residency in Maryland bring in weapons that are now banned if they legally purchased them elsewhere post 2013.

    Not something I would want to test without a clear opinion letter from a Maryland AG or a court ruling.

    Law says you can inherit a banned rifle. It does not say it had to be a grandfathered one.

    This subtitle does not apply to: ...

    (5) the receipt of an assault [pistol] 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; or

    6) the receipt of an assault [pistol] WEAPON or detachable magazine
    by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You can't even inherit it if it was purchased originally before 2013 as it would be transferred to you at a date later than 2013.

    Transferred is the key word here. You personally were not the owner prior to the FSA ban, therefore you can't take possession of it.

    What's more, you couldn't inherit a FSA-Banned firearm in state. Just as you can't sell a pre-2013 FSA-Banned firearm to someone in state.

    Incorrect.

    You can receive it be inheritance.

    See the quoted part of the law in my previous post.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,466
    MoCo
    If it was purchased pre-2013 if absolutely can be transferred to you upon death. You've gotta be the next of kin or named in the will (IE my wife's uncle would have to will it to me. Otherwise his next of kin is his two brothers and sister, not me).

    If it was purchased post 2013 would be a good question for a Maryland AG. I'd suggest MD leg certainly didn't intend for anything post 2013 to be ever able to come in to Maryland. I just don't think the language of the law is clear enough on post 2013 purchase inheritance. If I should say it is clear that there is no prohibition. On the other hand the law is clear that normally living people can't bring anything purchased post 2013 in to the state.

    I'd still want an AG's opinion.

    There are no ambiguities in this section of the law that calls for an AG opinion. If the legislature intended to ban inheritance of post-ban arms, it would have said so. Instead, it carved out an exemption for the inheritance of banned arms, irrespective of date of purchase.

    Asking for an AG opinion is admitting to having doubt...are you sure, did Annapolis really mean it? I'm not so sure. That creates an opening for Frosh to step through.

    Inherit the gun and run the traps. If they say no, call your lawyer! The law is on your side. If somehow you lose, you lose the gun, not end up in the clink.
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,102
    In the boonies of MoCo
    Wow, I've never heard of that coming from MSP before! :shocked:

    If the time comes that you inherit, double check. The law seems to be a moving target around here, even when the legislature in not in session.

    I honestly think the MSP representative was misinformed. This was early on in the adoption of FSA 2013 and I had a good buddy who was in the process of inheriting some weapons from his grandfather and wanted to know what the deal was. I talked with someone at MSP and they said "No." I'm guessing they were still scratching their heads at the language of the law as well. Reading the letter of the law now, it's clear that they were still in "catch up" phase on the rules.
     

    Recon_D0c

    Member
    May 30, 2017
    62
    are piston AR's under different law? or are those under HBAR reg's as well? just read a few statements making an argument but I doubt that the state knows the difference between Di and piston driven
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Without playing favorites #1 & 2 will be custom builds from Engage or Precision , depending on exactly what you wish .

    #3 LWCI
    #4 Colt 6721

    By #5 getting into a pack of them, but let's say Windom HBC if only for widespread availability.
     

    Recon_D0c

    Member
    May 30, 2017
    62
    Without playing favorites #1 & 2 will be custom builds from Engage or Precision , depending on exactly what you wish .

    #3 LWCI
    #4 Colt 6721

    By #5 getting into a pack of them, but let's say Windom HBC if only for widespread availability.

    solid thanks, I did see that the WAR SPORT LVOA-C is advertised as a HBAR........ Interesting....
     

    Users who are viewing this thread

    Forum statistics

    Threads
    274,930
    Messages
    7,259,477
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom