Can I inherit a Norinco MAK-90 Sporter?

lazarus · Jun 23, 2017

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

Iffy. If MSP got ornary he'd be in possession of a banned weapon.

One thing to keep in mind through all of this is banned weapons must be registered with MSP. You'll need to declare it to them and hope your grandfather registered it in the 60 day window back in 2013 (I think it was 60'days).

Best advice is to contact MSP and ask (don't ask if it is registered) when he passes, contact MSP and ask what to do. Hopefully you are named in the will to take possession of the firearm and then hope it was registered and if it wasn't that MSP won't just confiscate it as it was an unregistered banned weapon. I doubt you could get in any legal water so long as you are otherwise following the law, but it might mean no one can take possession of it.

Biggfoot44 · Jun 23, 2017

Granddad potentially could have purchased from private individual before 1996 , if was Md resident during 1990-96 .

swinokur · Jun 23, 2017

The only requirement to register is if you owned the banned weapon before 10-1-13 and established residency in MD after 10-1-13. That must be done within 90 days after moving here. There was no requirement to register the firearm if you possessed it before 10-1-13 and it was not purchased in MD.

Biggfoot44 · Jun 23, 2017

Even if you lived in Md. Starting 1989 would have required a 77R IF purchased from a dealer. Private party transactions were legal for handguns and EBR until 1996 .

swinokur · Jun 23, 2017

Point being it doesn't necessarily had to have been registered with the MSP to be legal.

Hammurabi · Jun 23, 2017

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

lazarus said:
Iffy. If MSP got ornary he'd be in possession of a banned weapon.

Ugh, this was going to be my next question. He's moving into an assisted living facility and my grandparents current house is being sold so he can't take it with him. I don't know what one is supposed to do in situations like this.

swinokur · Jun 23, 2017

It is legal to loan a firearm for sporting purposes.

Hammurabi · Jun 23, 2017

swinokur said:
It is legal to loan a firearm for sporting purposes.

So I say that it's loaned to me if I need to and otherwise just keep it stored away until inheritance can take over?

WildBill · Jun 23, 2017

Hammurabi said:
So I say that it's loaned to me if I need to and otherwise just keep it stored away until inheritance can take over?

I can't imagine there's anything wrong with your grandpa storing his rifle at your place.

JohnnyE · Jun 23, 2017

One of our IP's here is firearms, wills and trusts attorney Brittany Stouffer. Give her a shout. No reason for the OP to guess, and potentially guess wrong, on what to do.

newmuzzleloader · Jun 23, 2017

swinokur said:
It is legal to loan a firearm for sporting purposes.

That is what I was thinking after Brychans post. As long as Grandad is alive it is his rifle but letting his grandson borrow it. Once Grandad passes it has to go through probate( named in the will) in order for OP to legally retain posession. Again I'm not a lawyer and 'This Is Maryland'. ( in my best rendition of King Leonidas)

swinokur · Jun 23, 2017

I think contacting an attorney for advice is the best idea. While a firearm can be loaned according to BATFE, MSP may have an issue with "possession", since grandson is not the pre 10-1-13 exempted owner.

Get an attorney's advice is the best path IMO.

Give Brittany a call. it will be worth the money IMO.

Sirex · Jun 23, 2017

If I recall the Norinco mak-90 was specifically listed in the Maryland State Police list of prohibited weapons. That said I am surprised at that dangerous gun has not been lost in a boating accident yet

lazarus · Jun 23, 2017

swinokur said:
The only requirement to register is if you owned the banned weapon before 10-1-13 and established residency in MD after 10-1-13. That must be done within 90 days after moving here. There was no requirement to register the firearm if you possessed it before 10-1-13 and it was not purchased in MD.

Oh, huh. I missed read that law. Then again I've only owned firearms post 2013...so nothing for me to have complied with.

Ignore that but in my advice.

zoostation · Jun 23, 2017

swinokur said:
Point being it doesn't necessarily had to have been registered with the MSP to be legal.

Yep. If grandfather owned it pre-1996 then there would be no MSP 77R record of it since we didn't have that law until then. Especially relevant regarding an older gun like a MAK-90.

zoostation · Jun 23, 2017

WildBill said:
I can't imagine there's anything wrong with your grandpa storing his rifle at your place.

I can. That puts him in possession of it since he has full access and control over it. Not a good idea at all in my opinion.

swinokur · Jun 23, 2017

that was my concern. the law exempting grandpa allowed him to possess it, not grandson.

Call Stouffer Law

newmuzzleloader · Jun 23, 2017

zoostation said:
I can. That puts him in possession of it since he has full access and control over it. Not a good idea at all in my opinion.

Ok that makes sense. But OP said Grandpa had to go to assisted living and his house was being sold to pay for it. Given that, where do the old mans firearms get stored? Does someone who has power of attorney keep them? Having just gone through this with mil( settled on house today) sans firearms, I wonder if they would be considered assets that have to be sold to pay for his care.

Hammurabi · Jun 23, 2017

zoostation said:
I can. That puts him in possession of it since he has full access and control over it. Not a good idea at all in my opinion.

At this point I'm leaning towards letting my relative who lives out of state hold on to it until inheritance becomes relevant. If all this issue is with Maryland law that should sidestep the issue of possession vs loaning.

newmuzzleloader said:
Ok that makes sense. But OP said Grandpa had to go to assisted living and his house was being sold to pay for it. Given that, where do the old mans firearms get stored? Does someone who has power of attorney keep them? Having just gone through this with mil( settled on house today) sans firearms, I wonder if they would be considered assets that have to be sold to pay for his care.

The house is being sold because my grandmother is downsizing for living on her own. Financially they're fine so that won't be an issue.

Doctor_M · Jun 23, 2017

I had a couple of now banned rifles that were never "registered" because they were FTF purchased during the window when that was legal. In order to establish that I legally owned them before the FSA13, I had photos with serial numbers notarized prior to Oct 2013, so hopefully when I list these in my will, my heirs won't have a problem.... but who knows.... it certinally won't be my problem, but if my guns wind up being melted down, I'm going to haunt the House of Frosh for 10 generations.

Can I inherit a Norinco MAK-90 Sporter?

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