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

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  • Fred

    Member
    Jun 1, 2012
    2
    I am in the same situation. I would like to transfer a regulated firearm from my deceased father to myself. I stopped by MSP and picked up the various forms that need to be completed. Would my mother sign section 5 and 6 on the part 2 form as the Transferor? Given that the firearm wasnt previously registered in her name, I wasn't sure if we needed to do anything special. Also, I'm assuming that we would complete sections 5 (which gets signed upon application) and section 6 (which gets sign upon transfer) at the same time and then mail the forms to MSP in Pikesville?

    Thanks
    Fred
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I am in the same situation. I would like to transfer a regulated firearm from my deceased father to myself. I stopped by MSP and picked up the various forms that need to be completed. Would my mother sign section 5 and 6 on the part 2 form as the Transferor? Given that the firearm wasnt previously registered in her name, I wasn't sure if we needed to do anything special. Also, I'm assuming that we would complete sections 5 (which gets signed upon application) and section 6 (which gets sign upon transfer) at the same time and then mail the forms to MSP in Pikesville?

    Thanks
    Fred

    Was this an inheritance? If so, you need to comply with 5-102 which provides:

    "the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm; or" Talk to the officer at barracks on details.
     

    Fred

    Member
    Jun 1, 2012
    2
    Not really. All of his worldly possessions were left to my mother. There was no specific mention of the firearm in his will. She is giving it to me. It doesn't make since to transfer it to her and then immediately transfer it to me. Hopefully there is no requirement to do so. My belief is that from a legal perspective it now belongs to her even if it's not registered to her and she would be the transferor. But again I no nothing in this area.

    Fred
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Not really. All of his worldly possessions were left to my mother. There was no specific mention of the firearm in his will. She is giving it to me. It doesn't make since to transfer it to her and then immediately transfer it to me. Hopefully there is no requirement to do so. My belief is that from a legal perspective it now belongs to her even if it's not registered to her and she would be the transferor. But again I no nothing in this area.

    Fred

    Not trying to give legal advice here. Suggestion: If your Dad left everything to your Mom in a will, then the guns became hers and she needs to fill out the form for inheritance. Same is true if he passed intestate (without a will), but you will need counsel to work out the details there. She can give you her guns, but that is controlled by MD Code, Public Safety, § 5-136 which provides:

    (a)(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

    (i) the regulated firearm is a gift to a resident of the State; and
    (ii)1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
    2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
    (2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
    (i) complete an application to purchase or transfer a regulated firearm; and
    (ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
    (3) The Secretary shall waive the $10 application fee required under § 5- 118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.
     

    Swaged

    Member
    May 30, 2011
    64
    North of North Laurel
    Not trying to give legal advice here. Suggestion: If your Dad left everything to your Mom in a will, then the guns became hers and she needs to fill out the form for inheritance. Same is true if he passed intestate (without a will), but you will need counsel to work out the details there. She can give you her guns, but that is controlled by MD Code, Public Safety, § 5-136 which provides:

    (a)(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

    (i) the regulated firearm is a gift to a resident of the State; and
    (ii)1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
    2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
    (2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
    (i) complete an application to purchase or transfer a regulated firearm; and
    (ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.
    (3) The Secretary shall waive the $10 application fee required under § 5- 118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

    Does anyone know the specific date that these transfer laws went into effect?

    Wasn't it legal to just gift handguns/regulated firearms before that date, assuming legal possesion by both parties relatives or not?

    Tim
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Does anyone know the specific date that these transfer laws went into effect?

    Wasn't it legal to just gift handguns/regulated firearms before that date, assuming legal possesion by both parties relatives or not?

    Tim

    Since before 2003, when much of the Md Code was recodified.
    Former Art. 27, § 442, related to the transfer of regulated firearms, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1,
    2003.
    MD Code, Public Safety, § 5-136, MD PUBLIC SAFETY § 5-136
     

    Swaged

    Member
    May 30, 2011
    64
    North of North Laurel
    Since before 2003, when much of the Md Code was recodified.
    Former Art. 27, § 442, related to the transfer of regulated firearms, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1,
    2003.
    MD Code, Public Safety, § 5-136, MD PUBLIC SAFETY § 5-136

    So then, if my father gave me a handgun in 2002, there would be no paper work necessary?

    Tim
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    So then, if my father gave me a handgun in 2002, there would be no paper work necessary?

    Tim

    No, there was state regulation of handguns before 2003, just under a now outdated regulatory provision. You have to go to a law library and look up the old section
     

    jr88

    Ultimate Member
    MDS Supporter
    Mar 7, 2011
    3,159
    Free?? State
    This thread brings up a burning question. Is it against Maryland law to possess a regulated firearm that is not "Registered". I don't think it can be. I am sure the state maintains a database of regulated firearms, however it CANNOT be accurate. Prior the "Maryland Gun Violence Act of 1996", it was legal for maryland residents to do private sales without Md. registration. I know of people who have sold and obtained firearms (handguns) this way.

    The point I making is there could be guns in a collection that are legally registered to another Maryland resident, the state can't tell if it was stolen, sold or whatever. I believe they would just register it to the new person, but who knows. There is no difference between this and the state finding handguns in your possession that are not registered to you, because you bought them legally before 1996 from a private Md. Sale.

    The problem is, besides possibly recovering stolen firearms, registration works against honest citizens. Look at Venezuela right now, at least folks in Virginia have a chance of holding on to a weapon to defend themselves.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    This thread brings up a burning question. Is it against Maryland law to possess a regulated firearm that is not "Registered". I don't think it can be. I am sure the state maintains a database of regulated firearms, however it CANNOT be accurate. Prior the "Maryland Gun Violence Act of 1996", it was legal for maryland residents to do private sales without Md. registration. I know of people who have sold and obtained firearms (handguns) this way.

    The point I making is there could be guns in a collection that are legally registered to another Maryland resident, the state can't tell if it was stolen, sold or whatever. I believe they would just register it to the new person, but who knows. There is no difference between this and the state finding handguns in your possession that are not registered to you, because you bought them legally before 1996 from a private Md. Sale.

    The problem is, besides possibly recovering stolen firearms, registration works against honest citizens. Look at Venezuela right now, at least folks in Virginia have a chance of holding on to a weapon to defend themselves.

    No, there is no requirement to register a regulated handgun. The law regulates transfers, not ownership or possession per se (assuming you are otherwise not barred from ownership or possession because of being a convicted felon, etc). If you legally acquired it, you are not required to register it.
     

    Swaged

    Member
    May 30, 2011
    64
    North of North Laurel
    No, there is no requirement to register a regulated handgun. The law regulates transfers, not ownership or possession per se (assuming you are otherwise not barred from ownership or possession because of being a convicted felon, etc). If you legally acquired it, you are not required to register it.

    I did look it up, the law was changed in OCT 1996 under the stated act. This is when 1 gun in 30 days, 30 days between purchases and registration of private regulated sales among other items were enacted.

    http://mlis.state.md.us/1998rs/misc/Major_Issues_Review_1995-1998/part_e/Public_Safety.htm

    Thanks for the info and the lookup esqappellate and jr88.

    Tim
     

    Big_Papa

    Member
    Jan 8, 2013
    11
    Mechanicsville
    My wife is kind of in the same situation with the exception that her deceased father was a resident of Texas and my wife and I are residends of Maryland. There was no will when her father died giving the handgun to my wife but my wife took possesion of his firearm given she was his next of kin. The handgun had been registered in Texas and by Maryland's statute is a regulated firearm.

    Now my question is would the process be the same to transfer ownership to her or myself, or would there be a seperate process that would need to be followed? Any insight would be most helpful.

    Thank you.
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    My wife is kind of in the same situation with the exception that her deceased father was a resident of Texas and my wife and I are residends of Maryland. There was no will when her father died giving the handgun to my wife but my wife took possesion of his firearm given she was his next of kin. The handgun had been registered in Texas and by Maryland's statute is a regulated firearm.

    Now my question is would the process be the same to transfer ownership to her or myself, or would there be a seperate process that would need to be followed? Any insight would be most helpful.

    Thank you.

    You or she can receive it through intestate succession. You or she technically would take posession of it in Texas and would not need to register it in Md.

    I am assuming she was the executor or the appointed executor gave her the handgun from her father's estate.
     

    fjm0008

    Member
    Jun 27, 2012
    61
    Arnold
    Since the gift issue was brought up, I hope someone can clarify this for me. If my father purchases a handgun in Florida, and wants to gift it to me in Maryland, can it be brought to our great free State as a loan and then transferred via a 77r with the MD State Police? Or does my dad have to ship it to an FFL here in MD? Thanks. He is a Florida resident, I live in MD.
     

    Big_Papa

    Member
    Jan 8, 2013
    11
    Mechanicsville
    You or she can receive it through intestate succession. You or she technically would take posession of it in Texas and would not need to register it in Md.

    I am assuming she was the executor or the appointed executor gave her the handgun from her father's estate.

    That sounds good. I will however look at Texas laws for transfer and see what needs to be done. Would have to easier than Maryland I'm sure. She has to go back down there in a couple of months anyways so if need be she can take care of it then. Thank you.
     

    HokieKev

    Ultimate Member
    Mar 4, 2013
    1,153
    Since the gift issue was brought up, I hope someone can clarify this for me. If my father purchases a handgun in Florida, and wants to gift it to me in Maryland, can it be brought to our great free State as a loan and then transferred via a 77r with the MD State Police? Or does my dad have to ship it to an FFL here in MD? Thanks. He is a Florida resident, I live in MD.

    I have a situation similar to the one above. Can my Father, who is a Virginia Resident, gift a handgun to me (I am a Maryland Resident). Do I need to fill out a transfer of ownership form with the MSP to accomplish this transfer?
     

    HokieKev

    Ultimate Member
    Mar 4, 2013
    1,153
    Different states have to go through a MD FFL. 10 buck transfer fee IIRC

    Will I be subject to the long waiting times currently associated with the 7 day background check that I have been hearing about... and during that time will the FFL have to hold the handgun or can I immediately take possession of the handgun?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    I am not sure so I won't give you any advice. Someone can chime in. I suspect you'll be subject to the wait but I can't be sure. Any FFL transfer has to go through MSP IIRC.
     

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