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Old September 24th, 2017, 05:56 PM #1
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Question about my mother's handgun in Texas.

Hello was not sure where to put this.

Long story but my mom back in Texas just is not fit to own a firearm right now.

My sister took her .44 revolver and put it in a storage unit after a bad bipolar incidint.

We are moving her out here but I'm trying to figure out what to do with it. She believes the police took it.

Can I just have a friend take possession of it right now.

Thanks for any info.
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Old September 24th, 2017, 09:33 PM #2
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What is your ultimate goal for this revolver? Are you wanting to take possession of it in MD?
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Old September 24th, 2017, 09:40 PM #3
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Maybe. I might fly it back on one of my shipping trips.
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Old September 24th, 2017, 09:47 PM #4
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Quote:
Originally Posted by Dal1as View Post
Maybe. I might fly it back on one of my shipping trips.
When you're there, drop it off at an FFL along with a copy of the ffl you want the revolver shipped to. Should be very simple.

But for now, any family or friend should be able to hold it for you. I mean after all, they are in America.

Good Luck!
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Old September 24th, 2017, 10:17 PM #5
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Just to clarify, where are these friends and storage lockers located ? Texas was sort of implied ?

And for the $64 question , is the medimum term goal for the pistol to come live with you in Maryland, or stay ( in other jurisdiction)?
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Old September 25th, 2017, 12:29 PM #6
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Quote:
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Maybe. I might fly it back on one of my shipping trips.
You cannot take possession of it in Texas. It has to go through an MD FFL for you to get it.

You can ship it or have it shipped to an MD FFL.
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Old September 25th, 2017, 12:37 PM #7
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You cannot take possession of it in Texas. It has to go through an MD FFL for you to get it.

You can ship it or have it shipped to an MD FFL.
I think temporary custody in Dallas would be OK. It's under a temporary loan until such time it can be transferred even if brought back to MD. But, I could be wrong.
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Old September 25th, 2017, 02:14 PM #8
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and: you have to have the MD HQL to take possession in MD.

Having a friend or your sister in Texas "take possession" in TX is subject to Texas laws.
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Old September 25th, 2017, 08:47 PM #9
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I think temporary custody in Dallas would be OK. It's under a temporary loan until such time it can be transferred even if brought back to MD. But, I could be wrong.
Interstate transfer must be handled by an ffl. That's the law.

Better to be safe than sorry!
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Old September 25th, 2017, 11:06 PM #10
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So I'm confused. Could really care less about the .44

If I get it back cool

Main thing is I do not want my mother contacted in relation to it.

So are we cool with a friend in Texas taking ownership of it?
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Old September 26th, 2017, 06:06 AM #11
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If I'm reading correctly, you're bringing your mom to Maryland? If so wouldn't she be allowed to bring the gun with her? Once here you could store it for her. She wouldn't need to know it came with her.
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Old September 26th, 2017, 07:14 AM #12
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Quote:
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If I'm reading correctly, you're bringing your mom to Maryland? If so wouldn't she be allowed to bring the gun with her? Once here you could store it for her. She wouldn't need to know it came with her.
Might be tricky. IANAL, but there is an argument here that she may be a prohibited person in MD due to mental illness. If she came to MD, she would have to register it etc.

If it were me, Id say what happens in Texas stays in Texas.
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Old September 26th, 2017, 07:21 AM #13
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Quote:
Originally Posted by Dal1as View Post
So I'm confused. Could really care less about the .44

If I get it back cool

Main thing is I do not want my mother contacted in relation to it.

So are we cool with a friend in Texas taking ownership of it?
According to this (from 2009, don't know if still applicable), there IS face-to-face handgun transfers in Texas, so it is okay to have a friend in Texas take ownership.

https://www.texasguntalk.com/threads...-options.7685/


Not sure what records you want to remove your mom from the equation. You could get a notarized bill of sale. You could transfer to a Texas dealer and have the dealer transfer to a Texas friend.
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Old September 26th, 2017, 09:42 AM #14
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You are fine with having a friend take possession of the gun in Texas, as long as they are a Texas resident and not otherwise prohibited from owning a firearm.
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Old September 26th, 2017, 10:07 AM #15
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Quote:
Originally Posted by j_h_smith View Post
Interstate transfer must be handled by an ffl. That's the law.

Better to be safe than sorry!
I don't think it would be a transfer. It would be a temporary loan.

Quote:
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and: you have to have the MD HQL to take possession in MD.

Having a friend or your sister in Texas "take possession" in TX is subject to Texas laws.
Again, it would not be considered a transfer. You can loan firearms to other people without an HQL. You can rent firearms without an HQL. That is for a transfer of ownership.

If you transfer it without her consent, it is considered theft. That's probably only an issue if another family member wanted it because it was an heirloom. Legal guardian would need to do this.

Mom has a .44? Awesome.
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Old September 26th, 2017, 10:24 AM #16
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Quote:
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I don't think it would be a transfer. It would be a temporary loan.



Again, it would not be considered a transfer. You can loan firearms to other people without an HQL. You can rent firearms without an HQL. That is for a transfer of ownership.

If you transfer it without her consent, it is considered theft. That's probably only an issue if another family member wanted it because it was an heirloom.
You can play all the games you want and call it whatever you want, but it's still a transfer if the OP takes possession of it. The mother will not be eligible to register the firearm due to her medical situation. The firearm will be the property of the mother until it is legally transferred to the OP. Bringing the firearm with him from Texas would be illegal. having an unregistered handgun in Maryland is also illegal.

I don't understand why the grief on doing it right so that everything is on the up and up. The OP will be in Texas. He takes the firearm to an FFL, the FFL ships the firearm to one the OP designates as the receiving FFL in Maryland. Then the OP completes the paperwork for a legal transfer in MD.

Everything's done and the OP isn't playing hide the sausage with Bubba.
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Old September 26th, 2017, 01:30 PM #17
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OR , if O P doesn't really care about having it for himself it can stay with non-Prohibited person, without requiring any paperwork. Have the under standing that if Mom fully recovers, moves back to Texas, and wants to go handgun hunting , she gets it back . If Mom should untimely pass away in Md, it converts to Gift.
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Old September 26th, 2017, 09:46 PM #18
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So it sounds like I can transfer it to Maryland legally without her being involved. That's what I needed to know. Thanks everyone.

Hate doing this but my mom is manic bipolar and has too many incidents to own a handgun anymore. Will get her a nice big dog when she gets out here
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Old September 26th, 2017, 10:25 PM #19
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TX has no laws governing the transfer of handguns between TX residents. In most of America including TX, people are free to buy and sell all firearms at will. Just like a long gun here in MD. So whoever is holding the gun (let's call him "Gary") is now the defacto owner. This is 100% legal.

If you wish to acquire it yourself here in MD, it simply needs to be shipped to a MD FFL. It does NOT need to be transferred by a TX FFL on the outbound journey as long as your MD FFL will accept transfers from a private individual. I recommend you consult with one of our many fine Industry Partner FFL's here on the MDS board. "Gary" can ship it to your MD FFL today. Or you can ship it yourself on your next visit to TX. You will need to have a MD HQL in hand before you can take possession though. The MD FFL will need the name and address of the "seller" so the shipping box will likely need to contain a photocopy of Gary's driver's license.

If you do decide to ship, I recommend you use the service www.shipmygun.com - they walk you through the entire process of doing it legally and also have significantly discounted rates on UPS/FedEx shipping labels. It is illegal to ship a handgun via USPS unless you are an FFL.
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Old September 28th, 2017, 02:41 PM #20
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Just to add to that, it will need to be shipped Overnight.

Long guns can go Ground, but handguns need to go Overnight with UPS or FedEx.

If it is shipped from TX FFL to MD FFL, it can do USPS. It might be cheaper to have TX FFL ship it USPS versus other person to MD FFL via Overnight UPS or FedEx.


   
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