VA resident with a MD gun ownership question

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  • Bravozero

    Member
    Jan 3, 2019
    1
    Hi folks,

    I didn't want to call MSP and get a runaround from them. Long story short, my father in law bought and still owns a Glock 21SF. He unfortunately passed away this week and had no will. His wife and adult son still live in the residence while his daughter, my wife, and me live in VA.

    Being the way MD with gun laws, if my mother in law wanted to keep the Glock, give it to my brother in law or just sell it, what would she need to do? I'm sure it's much different than just giving it or selling it FTF like in VA. Thanks folks.

    -Russ
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    If he died intestate, his property goes to his wife, not son.

    She could transfer it to your BIL through MSP or an FFL as a gift.

    She might be required to provide a death certificate.

    Perhaps consult an estate attorney.

    IANAL either
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    Handguns are regulated in MD so two things need to happen if transferring ownership in-state:
    1) The receiver must have a valid HQL, and
    2) The receiver must apply for a background check/transfer, for a nominal fee at any state barracks.

    The MSP outlines it here: https://mdsp.maryland.gov/Organizat...ision/Firearms/RegulatedFirearmPurchases.aspx

    It's a BS system which only burdens legal gun owners, but there you have it. Your MIL can sell it on consignment at a gun shop, which requires very little paperwork other than a release to the shop. Or she gift it to a relative out of state, if you were interested—note that there are Federal laws regarding transfer of handguns across state lines, but they are less draconian than MD's.

    Of course if none of the above happens, and the gun quietly passes down the family line and no one ever commits a crime with it, it's highly unlikely anyone would be charged with illegal possession... not that I would encourage anyone to ignore the law, you did the right thing by asking.

    Sorry to hear about your wife's loss.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Special rules for inheritance .

    Banned items may be inherited.
    HQL not needed for recipients .
    Imeadate family members in general must file a 77R, but no 7day . Someone else will hopefully link the statute on 7 day regarding inheritance.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    With no will, the estate goes to the wife if the son is not specifically designated as a beneficiary of the firearm. The wife can gift the firearm to the son.

    As mentioned no HQL needed. See Statute SS 5-102.

    Nothing in SS 5 applies to inheritance but a background check of still required to make sure you are not prohibited person so I’m guessing the 7 day wait applies

    IANAL

    Do the transfer at MSP as mentioned
     

    Dave MP

    Retired USA
    Jun 13, 2010
    10,603
    Farmland, PA

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