Inheriting handgun, odd situation. Questions!

DJones2987 · Jan 7, 2018

So my lady's mom's ex boyfriend, who she calls her "step dad" but is not legally has an older S&W revolver that he wants to gift to her.

The gun was originally purchased by her "step dad's" aunt who has been deceased for quite some time. Her "step dad" has been in possession of it ever since.

My lady expressed interest in getting it from him since he does not use it, he told her he would gift it to her.

How does all this work since my lady and her "step dad" were never legally family?

eruby · Jan 7, 2018

Is it possible your lady could have come into possession of this gun prior to October 1 1996?

I advocate breaking NO laws, but if the answer is yes, you may want to do some research.

I repeat, I advocate breaking NO laws.

rseymorejr · Jan 7, 2018

If it's older, as in C&R eligible, a simple transfer at an MSP barrack would do. No HQL needed.

DJones2987 · Jan 7, 2018

eruby said:
Is it possible your lady could have come into possession of this gun prior to October 1 1996?

I advocate breaking NO laws, but if the answer is yes, you may want to do some research.

I repeat, I advocate breaking NO laws.

No, she was only born in 1992 lol.

rseymorejr said:
If it's older, as in C&R eligible, a simple transfer at an MSP barrack would do. No HQL needed.

How would I find out the date of manufacture? And would her step dad do the paperwork as the current owner or would it just be voluntary registration on my lady's part.

Shes in the process of getting her HQL anyways, so that isn't a concern.

dist1646 · Jan 7, 2018

So, basically someone wants to give her a handgun is what it boils down to, correct?

DJones2987 · Jan 7, 2018

dist1646 said:
So, basically someone wants to give her a handgun is what it boils down to, correct?

Yes sir, but the original purchaser has been deceased for quite some time and I'm sure no paperwork was done when her step dad inherited the gun.

The confusion lies on who needs to fill out what paperwork, because clearly we want to follow the law. MD just makes it very difficult to understand.

Mightydog · Jan 7, 2018

Does he have any proof of ownership other than it was his aunts? Sounds like simple C&R sale between individuals. Is owner in Maryland?

DJones2987 · Jan 7, 2018

Mightydog said:
Does he have any proof of ownership other than it was his aunts? Sounds like simple C&R sale between individuals. Is owner in Maryland?

No, he had it prior to registration being required.

Yes, he is in MD.

gizzard · Jan 7, 2018

some of the old top breaks had no serial number, may be pre1899, and cant be transferred via atf/nics check due to lack of serial numbers

DJones2987 · Jan 7, 2018

gizzard said:
some of the old top breaks had no serial number, may be pre1899, and cant be transferred via atf/nics check due to lack of serial numbers

It's not that old, it's a model 60 which didn't come out until 1965 I believe. It does have a serial number just not sure where to look it up.

Squaregrouper · Jan 7, 2018

DJones2987 said:
It's not that old, it's a model 60 which didn't come out until 1965 I believe. It does have a serial number just not sure where to look it up.

In 1969 the serial numbers switched to an "R" prefix. If this one is just serial numbers, there is an ~75% chance it is a C&R. If the serial number starts with an "R" is is not possible to be a C&R.

DJones2987 · Jan 7, 2018

squaregrouper said:
In 1969 the serial numbers switched to an "R" prefix. If this one is just serial numbers, there is an ~75% chance it is a C&R. If the serial number starts with an "R" is is not possible to be a C&R.

It is hard to read but it appears to be all numbers.

Biggfoot44 · Jan 8, 2018

The Standard Catalogue of Smith and Wesson aka SCSW has breakdown of sn by year of shipping date .

Post the sn ( customarily with X's substituted for final 2 or 3 digits ) . If someone here dosen't have a SCSW handy , make inquiry at the S&W Collector's Forum , and you will recieve quick answer .

DJones2987 · Jan 8, 2018

Biggfoot44 said:
The Standard Catalogue of Smith and Wesson aka SCSW has breakdown of sn by year of shipping date .

Post the sn ( customarily with X's substituted for final 2 or 3 digits ) . If someone here dosen't have a SCSW handy , make inquiry at the S&W Collector's Forum , and you will recieve quick answer .

Thank you, will do.

If it is not C&R would her step dad be the current owner on the paperwork even though there's nothing saying he owns it.

Pinecone · Jan 8, 2018

As long as he received it before Oct 1, 1996, there was no reason for any paperwork upon transfer of a handgun between two MD residents.

Mightydog · Jan 8, 2018

Pinecone said:
As long as he received it before Oct 1, 1996, there was no reason for any paperwork upon transfer of a handgun between two MD residents.

I don't think OP said what state his moms EX is located in. Be a good idea to write up a bill of sale stating a gift, with names, SN, gun type to avoid any issues down the road in case of loss/theft. I assume it's in good working order and not a "parts" gun? Good luck.

DJones2987 · Jan 8, 2018

Pinecone said:
As long as he received it before Oct 1, 1996, there was no reason for any paperwork upon transfer of a handgun between two MD residents.

Yes, he did.

Mightydog said:
I don't think OP said what state his moms EX is located in. Be a good idea to write up a bill of sale stating a gift, with names, SN, gun type to avoid any issues down the road in case of loss/theft. I assume it's in good working order and not a "parts" gun? Good luck.

All persons involved are MD residents and the gun was purchased in MD new.

Thanks for the advice.

Biggfoot44 · Jan 9, 2018

Just so I have the scorecard straight :

Everybody Md resident , and had been historically, at least for relevant events .

"Step Dad" recieved Pistol from Auntie at some point prior to Oct 1996 .

So , if I've got that straight , then :

"Step Dad " is current owner of pistol.

Your Lady friend and her quasi step dad are Not Md recognized immediate family members . Thereby must follow normal instate transfer procedures . ie either MSP Barracks, or FFL , 7day waiting period .

Still to be determined : Exact shipping date on Revolver , to determine potential C&R status. If 50yrs , then Lady friend Not require HQL . If 49yr or less , then HQL needed.

Inheriting handgun, odd situation. Questions!

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