Inheriting a formerly restricted firearm
- Thread starter gmkoh
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I would wonder if the registration requirements would apply if it is inheritance from out of state. The law only seems to say if you are moving in to the state you have to register it. So I'd think you wouldn't need to. If you do inherit the firearm, I'd make darned sure you keep a copy of that will in your records and ensure that firearm and its serial number are listed in the will as being bequeathed to you by name.
Not as complicated but I may have to have something similar. One of my wife's relatives isn't in great health. Knock on wood he has a number of years left, but he donest live a very healthy life style and is getting up there in age. He has no will currently and owns a number of firearms, some handguns AND he is out of state. So all would have to go through an FFL for transfer even though it would be in the family. My father-in-law is next of kin, but the entire family has made it clear all of the guns would be going to me as no one else hunts of shoots (one aunt owns a handgun, no one else owns a gun in the extended family).
All of the transfer stuff will be damned complicated with my father-in-law not having an HQL and I know he'd never get one. I don't think any of them can legally transfer to me directly, even with an FFL doing the transfer. So they'd technically transfer to my father-in-law, who won't get an HQL (he is an MD resident) and couldn't take possession of the handguns so he can't transfer them through an FFL to me.
Perhaps I am over thinking that one and he could just drive them to an FFL in that state and have them ship them to an FFL here in MD who'd transfer them to me.
Anyway, he is looking to draw up a will soon and put me as named to inherit all of his firearms just to try to avoid any of this (that said, I need to get my HQL sometime soon).
Not as complicated but I may have to have something similar. One of my wife's relatives isn't in great health. Knock on wood he has a number of years left, but he donest live a very healthy life style and is getting up there in age. He has no will currently and owns a number of firearms, some handguns AND he is out of state. So all would have to go through an FFL for transfer even though it would be in the family. My father-in-law is next of kin, but the entire family has made it clear all of the guns would be going to me as no one else hunts of shoots (one aunt owns a handgun, no one else owns a gun in the extended family).
All of the transfer stuff will be damned complicated with my father-in-law not having an HQL and I know he'd never get one. I don't think any of them can legally transfer to me directly, even with an FFL doing the transfer. So they'd technically transfer to my father-in-law, who won't get an HQL (he is an MD resident) and couldn't take possession of the handguns so he can't transfer them through an FFL to me.
Perhaps I am over thinking that one and he could just drive them to an FFL in that state and have them ship them to an FFL here in MD who'd transfer them to me.
Anyway, he is looking to draw up a will soon and put me as named to inherit all of his firearms just to try to avoid any of this (that said, I need to get my HQL sometime soon).
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,173
Ah, you're UNDERthinking it, at least as far as banned
Your relative must actually decease, the gun must be named in the will as going to you. It would then be transfered from the Estate to you. No provisions for simply getting older and no longer shooting , or just informally divying up Granddad's stuff .
Non Banned firearms can be given to you at anytime, usual out of state transfer procedures. ( Long guns through FFL in any state, handguns through Maryland FFL, usual handgun purchase procedures on your part. Exception is for actual Inheritence of handguns, one per month for non- Designated Collectors doesn't apply.)
Your relative must actually decease, the gun must be named in the will as going to you. It would then be transfered from the Estate to you. No provisions for simply getting older and no longer shooting , or just informally divying up Granddad's stuff .
Non Banned firearms can be given to you at anytime, usual out of state transfer procedures. ( Long guns through FFL in any state, handguns through Maryland FFL, usual handgun purchase procedures on your part. Exception is for actual Inheritence of handguns, one per month for non- Designated Collectors doesn't apply.)
It was pointed out to me in a recent thread that there isn't (and spot on). I'd still wonder how the MSP or AG would attempt to interpret the statute requiring out of state residents register banned firearms within 90 days of moving in to the state. That is for inheritance that crossed state lines.
I'd lean towards you having a pretty open and shut case in court if they decided to charge you for some bloody stupid reason. I hate to even be saying this, but registration is optional if you aren't moving in to the state. You are allowed to do it out of the kindness of your heart. Would be a good "cover your ass" kind of thing to do.
I also think registration lists are some fascist ********.
What might be tricky would be getting an FFL in the state to accept the transfer from out of state. Since it is banned, the 77r used to have to be done for them. I kind of assume you'd still have to go FFL to FLL and fill out a 77r to accept the transfer from the estate to yourself back in Maryland.
Or am I wrong on that one? At a minimum since it is out of state you'd need to get an FFL to transfer it to you in that state of the deceased and they might not since it is banned in Maryland.
inheritance and residency are not the same thing. There is nothing to interpret. Establishing residency requires registation.
Inheritance does not.
If a gun crosses a state line, it doesn't establish residency. people moving here do,
end of story.
Inheritance does not.
If a gun crosses a state line, it doesn't establish residency. people moving here do,
end of story.
IIRC the Federal statute makes one exception for receiving a firearm across state lines without an FFL.
By inheritance.
Does not apply to NFA fiorearms however. Form 5 but no tax.
state laws vary, MD requires a 77 for regulated firearms by inheritance
By inheritance.
Does not apply to NFA fiorearms however. Form 5 but no tax.
state laws vary, MD requires a 77 for regulated firearms by inheritance
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I thought handguns still had to go FFL to FFL for inheritance? It was only long guns that were exempt? I do know it couldn't go dead relative to father-in-law to me and I'd need to be direct next of kin or named in the will to skip the FFL requirement.
How would MDSP work that if there is no FFL requirement? Fill out a 77r, let is process and then take possession?
You can pick up the firearm in the state of the decedent without an FFL. If shipped to an FFL, then you do all the paperwork. If you bring the gun back, you do a 77.
IANAL
IANAL
A couple of points of clarification if you would.
By "firearm" you mean pistols and long guns, (excepting NFA items), correct?
By saying "pick up the firearm" you mean take possession of it directly from the executor or administrator of the estate, correct?
yes
IANAL
IANAL
NFA firearms still require a F5 but no tax
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