Banned firearm transfer

jollymon · Apr 18, 2018

If your Dad does a Gun Trust and your a Trustee on it and a beneficiary , as a Trustee you can have legal possession of it and it still belongs to your Father , so no transfer has taken place.
That's how it was explained to me by my Lawyer when I gave my brother all my SBR's and can's rather then move them to MD. since I'm only here till the contract I'm working on ends .

Mark75H · Apr 18, 2018

RepublicOfFranklin said:
Give em ten years and they’ll ban any inheritance of property, for private property only exists to hold down the workers; except for party members of course.

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Very likely

OLM-Medic · Apr 18, 2018

Just borrow it

For a long time.

Hawkeye · Apr 18, 2018

jollymon said:
If your Dad does a Gun Trust and your a Trustee on it and a beneficiary , as a Trustee you can have legal possession of it and it still belongs to your Father , so no transfer has taken place.
That's how it was explained to me by my Lawyer when I gave my brother all my SBR's and can's rather then move them to MD. since I'm only here till the contract I'm working on ends .

No, you can NOT do that. Aside from MSP's stance on gun trusts, that's not how trusts work.

If dad were to create a trust, he would be transferring ownership of the rifle to the trust. People don't own the property of a trust, the trust does. Since it is a now-banned rifle, he can NOT transfer ownership of it within Maryland. The Trust didn't possess it prior to 10/1/13, Dad did, so Dad can either keep it until he dies, or sell it outside of Maryland.

If you paid extra Form 4 taxes to transfer your NFA stuff to a Trust, they belong to the TRUST, not to you. That's why you had to pay the transfer taxes on them. Then your brother can become a trustee and use them.

The trouble with trying to do that in Maryland is that you can NOT transfer ownership of a now-banned rifle in Maryland except by inheritance upon death.

Zorros · Apr 18, 2018

These laws (FSA) are complex, and many aspects have yet to be tested and defined.
I don’t think “ inheriitance” means by will. There is no reason why you can’t inherit by intestate succession...lack of a will.
A fast read says that grandfathered guns are ok to possess by the person who possessed them at the time they became illegal if registered with MSP by that date ( as would have been required if you bought a regulated firearm in md) and the person was not prohibited from firearm possession. The kicker, however, 8s the prohibition on “ receiving”. Not tested, no cases? But lending one of these, even if possession is legal by dad, would seem to make the recipient a criminal. But you know what internet advice is worth. In other words, don’t rely on it.

sgt23preston · Apr 19, 2018

He could just loan it to you for 50 years...

Just keeping it simple & getting it done...

eruby · Apr 19, 2018

Walt296 said:
My father purchased a HK93 semi auto back in 1984 or 83.
He wants to transfer it to me.
Under the new MD laws, since it is a banned firearm, can he transfer it to me now or do I have to inherit the HK via thru his will after he passes. (Which I hope is a long long time from now!)
A couple dealers that I asked, really didn't know.

Is this in the NFA thread by mistake?

I ADVOCATE BREAKING NO LAWS

If this rifle is indeed semi-auto, it could have transferred face-to-face prior to 10/1/2013. I don't know how old you are Walt296

I ADVOCATE BREAKING NO LAWS

Hawkeye · Apr 19, 2018

eruby said:
Is this in the NFA thread by mistake?

I ADVOCATE BREAKING NO LAWS

If this rifle is indeed semi-auto, it could have transferred face-to-face prior to 10/1/2013. I don't know how old you are Walt296

I ADVOCATE BREAKING NO LAWS

No, it could not have, depending on timeframe.

The HK93 was a Regulated Firearm, so a face-to-face transfer would have been illegal from the implementation of the Regulated Fiream system and afterword. I'm trying to look up exactly when that was, but it was sometime in the 1988 - 1996 timeframe. I *think* it was in 1994.

Biggfoot44 · Apr 19, 2018

1994 from dealers, 1996 from private individuals.

Banned firearm transfer

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