Can I inherit a Norinco MAK-90 Sporter?

Hammurabi · Jun 22, 2017

Hello everyone! I've had a hell of a time trying to figure this out on my own so I figured I'd register and ask those more knowledgable than myself.

My grandfather has been in declining health recently, and one of the things I'll be inheriting (if possible) is a Norinco MAK-90 Sporter. I know he bought this before some piece of legislation that made it illegal or something, but does that mean I can inherit it legal as well? Or is transferring it in 2017 not possible?

He lives about a mile from a state police barrack so I'd like to go ahead and get a transfer done but I'm kind of nervous going in and saying these things if it's somehow illegal to own? Any advice would be appreciated.

WildBill · Jun 22, 2017

I'm not a lawyer but as it is a long gun you don't need to do a transfer through the state police. Person to person within the state is fine. I believe as long as you have proof that it predates the 2013 ban, either by serial number or paperwork, you should be good to go.

Hammurabi · Jun 22, 2017

Okay. So is there any paperwork or anything with a person to person transfer or can I just put it my trunk and drive home?

WildBill · Jun 22, 2017

Hammurabi said:
Okay. So is there any paperwork or anything with a person to person transfer or can I just put it my trunk and drive home?

From the ATF website:

When a transaction takes place between unlicensed persons who reside in the same State, the GCA does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in his or her State of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–State” residents.

Some people recommend a bill of sale. I'd say don't do that, and if anything came up about when you took possession of the gun (pre or post ban) there's no paper trail, plus its family, not like you're gonna need to protect yourself from him reporting it stolen or something.

j_h_smith · Jun 22, 2017

I believe you may have to wait to inherit the firearm if at all. If not, your trying to transfer a prohibited firearm. Which of course is illegal.

Hammurabi · Jun 22, 2017

Is it restricted? I'm not an expert or even proficient on this sort of thing.

j_h_smith · Jun 22, 2017

WildBill said:
From the ATF website:

When a transaction takes place between unlicensed persons who reside in the same State, the GCA does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in his or her State of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–State” residents.

Some people recommend a bill of sale. I'd say don't do that, and if anything came up about when you took possession of the gun (pre or post ban) there's no paper trail, plus its family, not like you're gonna need to protect yourself from him reporting it stolen or something.

This doesn't pertain to this situation. We are in the state of Maryland and we have this stupid law called the gun safety act of 2013.

This is a prohibited firearm now. I'm not even sure he can inherit that firearm. But I know whatever he does, it must follow this Maryland law.

IANAL

WildBill · Jun 22, 2017

I am 100% sure he is allowed to inherit it, per SB281. I don't know if it needs to actually go through probate or how that process works, but it specifies :

the receipt of an assault WEAPON or detachable magazine

22 by inheritance, AND POSSESSION OF THE INHERITED ASSAULT WEAPON OR

23 DETACHABLE MAGAZINE, if the decedent lawfully possessed the assault [pistol]

24 WEAPON OR DETACHABLE MAGAZINE AND THE PERSON INHERITING THE

25 ASSAULT WEAPON OR DETACHABLE MAGAZINE IS NOT OTHERWISE

26 DISQUALIFIED FROM POSSESSING A REGULATED FIREARM; or

Hammurabi · Jun 22, 2017

I was just reading that myself. When it says "inherited" does he actually have to will it to me and pass on? Or can I inherit it now while he's still alive?

And then assuming I can go ahead and inherit it now, what process do I have to go through? I refuse to break the law as written, but this is all so convoluted it's hard to tell what that requires...

WildBill · Jun 22, 2017

Yeah, based on the other posters it would seem he needs to pass before you can actually take possession, again not sure of the legalities of inheritance/wills/probate.

Here's the thing I think led me astray , I know people that have bought pre-ban lowers so they could build non -hbar rifles, did they break the law doing that or is it treated differently then a full rifle?

j_h_smith · Jun 22, 2017

Hammurabi said:
I was just reading that myself. When it says "inherited" does he actually have to will it to me and pass on? Or can I inherit it now while he's still alive?

And then assuming I can go ahead and inherit it now, what process do I have to go through? I refuse to break the law as written, but this is all so convoluted it's hard to tell what that requires...

No, that would be a transfer. That would be illegal.

AJRB · Jun 23, 2017

First off im sorry to hear about your grandfather's health.

If it turns out it's a no go in MD and he decides to sell to a good home, I would be happy to legally take it of off your hands, I'm in PA.
If you ever move to America, you have dibs on buying it back!!

Rack&Roll · Jun 23, 2017

Hammurabi said:
I was just reading that myself. When it says "inherited" does he actually have to will it to me and pass on? Or can I inherit it now while he's still alive?

And then assuming I can go ahead and inherit it now, what process do I have to go through? I refuse to break the law as written, but this is all so convoluted it's hard to tell what that requires...

There is no such thing as "inheriting" something from someone (taking possession) while the person with the item is STILL ALIVE. You need to get that straight.

You should wish your grandfather good health until God decides otherwise.

Biggfoot44 · Jun 23, 2017

Sorry about your Grandfather's health problems, best wishes for his recovery.

You may INHERIT the rifle . As in , mentioned in the Will to go to you, and transfered to you from the Estate .
.
Inheritence of grandfathered Banned Rifles is one of the situations of Regulated Rifle.

Brychan · Jun 23, 2017

May the OP store the rifle for his ill grandfather?

newmuzzleloader · Jun 23, 2017

j_h_smith said:
No, that would be a transfer. That would be illegal.

Rack&Roll said:
There is no such thing as "inheriting" something from someone (taking possession) while the person with the item is STILL ALIVE. You need to get that straight.

You should wish your grandfather good health until God decides otherwise.

Brychan said:
May the OP store the rifle for his ill grandfather?

No lawyer here but I would bet "inheriting" in this instance means explicitly stated in the will. Brychan has a good point.

Squaregrouper · Jun 23, 2017

I am not a lawyer, but remember seeing the following on numerous occasions...
Inheriting banned firearms requires the specific firearm and recipient to be clarified in the will. Aunts, uncles, parents, etc. cannot simply give it to a relative after grandpa's passing. It has to be spelled out in the will.

j_h_smith · Jun 23, 2017

Brychan said:
May the OP store the rifle for his ill grandfather?

newmuzzleloader said:
No lawyer here but I would bet "inheriting" in this instance means explicitly stated in the will. Brychan has a good point.

Amazing.....

lazarus · Jun 23, 2017

Hammurabi said:
I was just reading that myself. When it says "inherited" does he actually have to will it to me and pass on? Or can I inherit it now while he's still alive?

And then assuming I can go ahead and inherit it now, what process do I have to go through? I refuse to break the law as written, but this is all so convoluted it's hard to tell what that requires...

Must be by will or probate. Inherit means you get it after death. So no, absolutely no way he can give it to you now.

Since it is a now banned firearm, you'll have to register it with MSP once you inherit it. It should already be registered with MSP since it is banned (better hope it is, or since he is a state resident, likely they won't let you take possession).

As far as I know you better be specifically named in the will. Otherwise it'll have to go through probate and hope the judge assigns it to you. If your Dad or something is the next of kin and probate (or will) gives him everything, he CANNOT decide you just get it. It would likely be a gift after inheritance then and you cannot be gifted a banned firearm.

swinokur · Jun 23, 2017

The firearm does not necessarily have to have been registered with MSP. It could have been bought in another state and brought here There was no requirement to register it before 10-1-13.

Can I inherit a Norinco MAK-90 Sporter?

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