Need advice on getting guns registed to me.

stevedub · Jul 1, 2020

Hello All -

Gonna try and keep this short and sweet.

1.My father passed away in 2007.
2.My mother had me take all the guns.
3.Mother moved out of state to MN.
4.Want to sell a majority of the guns I do not use.
5.Turns out the guns were not called out and therefor never transfered to my mom.

My question is were do I even start? Is there a way to get the guns registered in my name or at least in my moms name then have her transfer them to me? Should we go back to the lawyer that worked with her on the estate and say by the way we have guns there were never specifically called out and work with them on getting them at minimum registered moms name?

Occam · Jul 1, 2020

Which state are you in? Assuming Maryland, are we talking hunting rifles and shotguns? Guns impacted by the 2013 FSA (like non-heavy-barrel AR15s, that sorta thing)? Handguns?

You're asking about a situation that's highly, entirely dependent on all the nitty gritty details. So, need a lot more info.

kaliroger · Jul 1, 2020

Legally I think the guns still belong to your mom, and she can transfer them to you. Sounds like you may benefit from talking with the lawyer, perhaps they provide so free advice since they already got paid, can't hurt to ask.

stevedub · Jul 1, 2020

Occam said:
Which state are you in? Assuming Maryland, are we talking hunting rifles and shotguns? Guns impacted by the 2013 FSA (like non-heavy-barrel AR15s, that sorta thing)? Handguns?

You're asking about a situation that's highly, entirely dependent on all the nitty gritty details. So, need a lot more info.

The rifles are all hunting / comp target, nothing questionable.

The issue is I also have about 5 pistols.

Boats · Jul 1, 2020

IANAL but:

As they were not listed in the will the guns because your mom's property when your dad died. Interfamily transfers of firearms are legal.....your mom giving them to you was a legal transfer.

Owning and selling unregistered firearms is legal, so long as all current firearm transfer laws are met.

If you want to sell them then sell them. Regulated firearms must go through MSP/FFL. Rifles and shotguns are cash and carry (until October 2020)

stevedub · Jul 1, 2020

kaliroger said:
Legally I think the guns still belong to your mom, and she can transfer them to you. Sounds like you may benefit from talking with the lawyer, perhaps they provide so free advice since they already got paid, can't hurt to ask.

Ok, I agree and have been trying to convince her but will have to push harder. My biggest issue it the pistols, I do not currently have a HQL and unfortunately am in possession of them so I want to get this handled ASAP. Appreciate the feedback.

adit · Jul 1, 2020

stevedub said:
Ok, I agree and have been trying to convince her but will have to push harder. My biggest issue it the pistols, I do not currently have a HQL and unfortunately am in possession of them so I want to get this handled ASAP. Appreciate the feedback.

The HQL didn't exist in 2007 when you took possession of the handguns, and you don't need one now to possess them, nor do you need a HQL to sell said handguns.

The handguns have to be transferred through a FFL or MSP when you sell them. A MD buyer would need a HQL, unless they are exempt.

whistlersmother · Jul 2, 2020

Boats said:
IANAL but:

As they were not listed in the will the guns because your mom's property when your dad died. Interfamily transfers of firearms are legal.....your mom giving them to you was a legal transfer.

Owning and selling unregistered firearms is legal, so long as all current firearm transfer laws are met.

If you want to sell them then sell them. Regulated firearms must go through MSP/FFL. Rifles and shotguns are cash and carry (until October 2020)

I thought that was vetoed - will need an override vote. If successful, will take effect immediately, or so I believe. Most likely Jan 2021.

Boats · Jul 2, 2020

whistlersmother said:
I thought that was vetoed - will need an override vote. If successful, will take effect immediately, or so I believe. Most likely Jan 2021.

you are correct, I was working with old information. as an aside......woohoo

fabsroman · Jul 2, 2020

Boats said:
IANAL but:

As they were not listed in the will the guns because your mom's property when your dad died. Interfamily transfers of firearms are legal.....your mom giving them to you was a legal transfer.

Owning and selling unregistered firearms is legal, so long as all current firearm transfer laws are met.

If you want to sell them then sell them. Regulated firearms must go through MSP/FFL. Rifles and shotguns are cash and carry (until October 2020)

If his father passed on without a Last Will & Testament, his mother gets a portion of the estate and all of his father's children get a portion of the estate. So many people have this so incorrect. The spouse does not inherit everything unless there are no kids.

Spouse gets the first $15,000 and half of the remaining estate. Children/descendants divide up the rest. It gets a little complicated IF a child has passed, but the child has children (i.e., grand children of the decedent).

Was an estate even created?

So many questions, but this is what happens when people come to a chatboard seeking legal advice for free.

OP - you get what you pay for, even from me, an attorney.

https://www.nolo.com/legal-encyclopedia/intestate-succession-maryland.html

fabsroman · Jul 2, 2020

The handguns become problematic, because even though the HQL did not exist back in 2007, Form 77R. The question is whether a regulated firearm could have been gifted/inherited by a family member back in 2007 without having to go through MSP or an FFL. I do not know the answer to that off the top of my head. If it could be inherited, but not gifted, then I would take the position that the OP took the firearms from the estate as his share of his inheritance.

Is there a Last Will & Testament? If so, it usually deals with all the property, if not specially named within the Will, then via a residuary clause.

Again, so many questions, so little information.

Bountied · Jul 2, 2020

I'd suggest taking a boat ride and have an accident. As far is the government is concerned they were yours all along. Shhh

Pinecone · Jul 2, 2020

Boats said:
Rifles and shotguns are cash and carry (until October 2020)

Bill was vetoed, so they are cash and carry until at least next session of the legislature.

Steel Hunter · Jul 2, 2020

Boats said:
IANAL but:
Rifles and shotguns are cash and carry (until October 2020)

Rifles and shotguns are cash and carry indefinitely until new laws are passed. The nonsensical bill was vetoed.

Blacksmith101 · Jul 3, 2020

Steel Hunter said:
Rifles and shotguns are cash and carry indefinitely until new laws are passed. The nonsensical bill was vetoed.

Vetoes can be overruled by a vote in the next general assembly. It will be one of the first things they take up in January 2021.

When Trump gets reelected and appoints a couple more Supreme Court Justices that uphold the constitution there could be a ruling on what the 2nd Amendment really means in which case that law and a lot of others may go the way of the Dodo bird.

Biggfoot44 · Jul 3, 2020

Nitpicking words - A veto , in some circumstances , can be overridden by the Same General Assembly at the start of next Session . In this particular instance , they can .

Need advice on getting guns registed to me.

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