How do I transfer gun ownership from my deceased father to me?

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  • Josh123

    Member
    May 27, 2012
    7
    My dad had a collection of about 10 semi-automatics and revolvers (no assault weapons). He was and I am a Maryland resident. My father passed away 9 years ago and his estate (including the handguns) was transferred to my mother. My mother is also a Maryland resident. She has physical possession of the handguns, but never filled out any paperwork or took any actions pertaining to the handguns after my father passed away. My questions are:

    (1) What is the proper process for my mother to transfer the handguns to me, knowing the back story of my father's ownership of the handguns?
    (2) Can my mother transfer all of the handguns to me at once?
    (3) Is there a waiting period?

    Thank you in advance to anyone who can assist with my questions! And yes, I understand that anyone who answers my questions is most likely not a lawyer and I will not rely upon your advice in any legal manner.

    -Josh
     
    Last edited:

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    Josh123 said:
    (1) What is the proper process for my mother to transfer the handguns to me, knowing the back story of my father's ownership of the handguns?
    (2) Can my mother transfer all of the handguns to me at once?
    (3) Is there a waiting period?

    1) Goto the nearest msp parents or ffl to transfer them, a ffl can charge upto $20 or free at the msp barracks.

    2) Yes

    3) Yes, the typical 7 days.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    http://www.mdgunsafety.com/mspfaq.htm

    Can the transfer of a regulated firearm be conducted between two family members?
    Yes, this type of transaction is considered a gift. The law stipulates, if the regulated firearm is a gift to the purchaser’s, spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
    (1) Complete an application to purchase or transfer a regulated firearm; and
    (2) Forward the application to the Secretary of the State Police within 5 days after receipt of the regulated firearm.
     

    tailboardtech

    Ultimate Member
    Feb 16, 2011
    1,315
    upperco
    If you can legally possess a firearm in maryland, consider them a gift from your father and enjoy every minute of them. Registration is voluntary in Maryland
     

    Josh123

    Member
    May 27, 2012
    7
    Thanks

    Thanks for everyone's help. From what everyone is saying, it looks like I can just take possession of them, since I am legally permitted to possess firearms.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    If you can legally possess a firearm in maryland, consider them a gift from your father and enjoy every minute of them. Registration is voluntary in Maryland
    But they were NOT bequested to him by his father. This is not a transfer from a parent, and free to do at MSP. It is a gift transfer and MUST be treated accordingly.

    Thanks for everyone's help. From what everyone is saying, it looks like I can just take possession of them, since I am legally permitted to possess firearms.

    That is wrong. You and your mother must go to MSP to do the paperwork (if you don't want to pay.) The process would have been a little different (but still required paperwork at MSP) had they been given to you as part of a will. But these are not, these are a gift transfer.

    This is NOT registration, which is voluntary in MD. This is a transfer of ownership.
     

    Josh123

    Member
    May 27, 2012
    7
    That makes sense, thanks for the clarification. Especially about the difference between registration and transfer of ownership.
     

    Josh123

    Member
    May 27, 2012
    7
    As a follow up - I called the Glen Burnie Barracks and I was told to just get a notarized letter from my mother listing all of the handguns and that they are being transferred to me. The officer also said the handguns would be registered to my name and that it was the law to do so. He was not aware of any distinction between transferring ownership and registering. Semantics?
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,849
    Somewhere in MD
    IANAL...couldn't the OP just leave them in mom's ownership, ask her for permission to borrow them, and have her bequeath them to him in her will? Would that not avoid the whole registration/transfer issue, assuming the OP is legal to possess and can endure the wait?
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    When you transfer ownership as a MD resident, that is effectively registering the firearm with the MSP. The "voluntary registration" I was referring to was more when you move into the state already owning what would be regulated firearms in MD, you may but are not required to register them with the state then.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    But they were NOT bequested to him by his father. This is not a transfer from a parent, and free to do at MSP. It is a gift transfer and MUST be treated accordingly.




    That is wrong. You and your mother must go to MSP to do the paperwork (if you don't want to pay.) The process would have been a little different (but still required paperwork at MSP) had they been given to you as part of a will. But these are not, these are a gift transfer.

    This is NOT registration, which is voluntary in MD. This is a transfer of ownership
    .

    This is correct. There is a state statute on bequest and gifts of regulated firearms among family. A transfer of ownership requires the same forms as a purchase and can be done at barracks. Dont bring the handgun into the building call ahead and ask for assistance
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    This is correct. There is a state statute on bequest and gifts of regulated firearms among family. A transfer of ownership requires the same forms as a purchase and can be done at barracks. Dont bring the handgun into the building call ahead and ask for assistance

    i believe you can just mail it too.. and its free.
     

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