Regulated firearms after death

sigdad · Apr 22, 2020

A friend just passed away 3 weeks after being diagnosed with pancreatic and, like many of us, hadn't gotten his paperwork in order. In particular he hadn't done anything regarding his rather large gun collection and I have a question regarding it.

I know you guys aren't lawyers but what happens with his regulated firearms - handguns and evil black rifles. His widow never got her HQL (and I doubt she would now) so she can't "own" them - is her only option sell them to an FFL or what?

It got me thinking about my own handguns and my wife doesn't have her HQL and gave me the stinkeye when I explained the issue. I've been pushing my 26 year old daughter to get hers and after a brush with a defendant (she's a new assistant states attorney) I think she's going to do it when she can attend a class so I'll will them to her.

Thanks!

Boats · Apr 22, 2020

Sad state of affairs when the government feels they have to dictate who can receive estate items and who can't.

Because they know better than the people who have know each other for 20, 30, 50 or 70 years.

That said, I would defer to the opinion of the newly minted ASA.

Blaster229 · Apr 22, 2020

Pretty sure no HQL needed to "inherit" regardless willed or not. So, no HQL will not interfere with them staying in the family, however it gets worked out. The state isn't going to take them.

Squaregrouper · Apr 22, 2020

Blaster229 said:
Pretty sure no HQL needed to "inherit" regardless willed or not. So, no HQL will not interfere with them staying in the family, however it gets worked out. The state isn't going to take them.

This is my understanding as well for the spouse. If he has, say a son in another state, and didn't spell the firearms out in a will, things would be different.

kalister1 · Apr 22, 2020

Federal Law references INTESTATE transfer of Firearms.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

Squaregrouper · Apr 22, 2020

kalister1 said:
Federal Law references INTESTATE transfer of Firearms.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

The OP inasmuch stated the deceased didn't have a will, so the widow becomes the owner of the firearms.

tourrider · Apr 22, 2020

Without a will, wouldn't she just assume all property under Maryland intestate property laws?

Squaregrouper · Apr 22, 2020

Squaregrouper · Apr 22, 2020

kalister1 said:
Federal Law references INTESTATE transfer of Firearms.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

squaregrouper said:
The OP inasmuch stated the deceased didn't have a will, so the widow becomes the owner of the firearms.

tourrider said:
Without a will, wouldn't she just assume all property under Maryland intestate property laws?

OP- I'm sure some attorneys will chime in, but the general consensus is she can legally keep them.

sigdad · Apr 22, 2020

Thanks guys!

kalister1 · Apr 22, 2020

squaregrouper said:
The OP inasmuch stated the deceased didn't have a will, so the widow becomes the owner of the firearms.

That is what INTESTATE means. Dying without a will!

Squaregrouper · Apr 22, 2020

kalister1 said:
That is what INTESTATE means. Dying without a will!

I know that.

DaemonAssassin · Apr 23, 2020

kalister1 said:
Federal Law references INTESTATE transfer of Firearms.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

Would have been nice if I knew this with all the estate bull I'm dealing with.

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