Recovering a handgun from MD

Rack&Roll · Sep 20, 2017

Sorry for your loss.

The supposed illegal activity your relative engaged in makes any legal bill higher than that particular pistol is worth.

Consider it "lost" in an accident...and that it is finders-keepers for the party that "found" it. That being MSP.

THier · Sep 21, 2017

Might be easier, (if no sentimental value) to turn it in to insurance as property in vehicle that had a monetary value.

ras_oscar · Sep 21, 2017

in a case like this with no outstanding case to investigate, how long would the firearm be maintained in the MSP evidence locker before being destroyed?

lazarus · Sep 23, 2017

A little on the late side, but inquire with a lawyer. Interstate transfer of a handgun requires it to go FFL to FFL. I am 99% sure this includes inheritance. In this case MSL would likely need to ship it to an FFL in PA for her to pick it up. Of course if they aren’t willing to send it/transfer it to an FFL in Maryland to have it sent or for them to send it direct, that’s a problem.

But as mention, because it was loaded, that means no FOPA protection and that is illegal in MD (breaks a couple of statutes). Can’t charge next of kin with someone else’s crime, but that may be part of why they are resisting releasing it.

eurocarnut · Sep 24, 2017

I am not a lawyer but without a conviction is there a crime in the eyes of the law? Reminds me of Massachusetts wiping Aaron Hernandez's record clean after he died. He went to the grave an "innocent man."

Biggfoot44 · Sep 24, 2017

Even without a conviction ,they will likely consider it contraband .

Ideal Paradigm · Sep 24, 2017

My condolences.

I would seek out a lawyer and see what the possibilities are, other than that, the decision will most likely depend on the amount of money that will be required to retrieve the handgun. Good luck.

lazarus · Sep 24, 2017

secretsquirrel35 said:
I am not a lawyer but without a conviction is there a crime in the eyes of the law? Reminds me of Massachusetts wiping Aaron Hernandez's record clean after he died. He went to the grave an "innocent man."

Um, yes. If someone breaks in to your house, was a crime committed even if no one is ever convicted?

Of course.

Also, civil forfeiture (UNCONSTITUTIONAL! But the damn SCOTUS has said it is fine) doesn't require any kind of conviction, just that a crime was committed. Or the LE or DA decides they like your stuff and they don't mind fibbing a little.

Pinecone · Sep 25, 2017

lazarus said:
A little on the late side, but inquire with a lawyer. Interstate transfer of a handgun requires it to go FFL to FFL. I am 99% sure this includes inheritance. In this case MSL would likely need to ship it to an FFL in PA for her to pick it up. Of course if they aren’t willing to send it/transfer it to an FFL in Maryland to have it sent or for them to send it direct, that’s a problem.

But as mention, because it was loaded, that means no FOPA protection and that is illegal in MD (breaks a couple of statutes). Can’t charge next of kin with someone else’s crime, but that may be part of why they are resisting releasing it.

The lawyer is wrong.

Nothing in the law requires the transfer to go through 2 FFLs.

Federal law requires a handgun to be transferred by an FFL in the state of residence of the recipient. It says nothing about how the handgun gets to that FFL.

USPS regulations only allow handguns to be mailed from FFL to FFL, but FedEx and UPS will allow an individual to ship a handgun to an FFL.

Some FFLs will only accept firearms from another FFL, but that is a business practice, not the law.

Recovering a handgun from MD

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