Inherited AR-15 pre-2013 but it's stored out of state. What are my options?

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    However. The OP is already a resident living in the state. He is not moving here. He's here. It's only the firearm "moving" into the state.

    No difference?

    If it is inherited, the same registration requirement applies. See MD Code, Public Safety, § 5-102
    o
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    If you owned it pre-Oct 2013, you can bring it into the state, you will have to register it, if it is not an HBAR.

    Sadly, yeah. Now if your relative was a MD resident and bequeathed it to you, I don’t believe it would need a 77r. But it’s an out of state death.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    What throws it into even more of a mess is that I was technically a resident of my home state in 2013 because I was active duty. The rifle never entered the state, it's been sitting in the family safe back home the entire time.

    Emailed one of the lawyers recommended by this sub. I'll definitely update once I hear back what the right answer is since this isn't something clear cut on some MD state site that I missed.

    At the end of the day swapping it out for an HBAR barrel and/or doing a FFL transfer to make it MD legal isn't that big of a deal if that's what needs to be done.

    Yeah the timeline matters. "Technically a resident of the other state" in oct 2013 matters. If you wanted it to be legal it should have been registered.

    Put an HBAR on it and call it a day. For what you'll spend on one hour of legal time, only to be told no, may as well get a nice new upper.
     

    ralph.mclean

    GOC (Grumpy Old Cop)
    Jan 27, 2018
    236
    Edgewater, MD
    I highly recommend that you do NOT attempt to fly with that as checked baggage. There is NO telling what the airline will do to you, and TSA is extremely inconsistent from airport to airport, no matter what the rules they have posted online say.

    You will GREATLY simplify the process if you break the rifle down, properly pack it, and ship it to yourself. If you have a copy of ANY paperwork establishing ownership, make a copy and put in into the shipped package.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I highly recommend that you do NOT attempt to fly with that as checked baggage. There is NO telling what the airline will do to you, and TSA is extremely inconsistent from airport to airport, no matter what the rules they have posted online say.

    You will GREATLY simplify the process if you break the rifle down, properly pack it, and ship it to yourself. If you have a copy of ANY paperwork establishing ownership, make a copy and put in into the shipped package.

    Do you actually have any experience in flying with firearms?

    The only issue I have heard of lately, is the case needed to be secure enough, that they cannot open it far enough to see the firearm.

    And EVERY lock point has to have a lock.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I highly recommend that you do NOT attempt to fly with that as checked baggage. There is NO telling what the airline will do to you, and TSA is extremely inconsistent from airport to airport, no matter what the rules they have posted online say.

    You will GREATLY simplify the process if you break the rifle down, properly pack it, and ship it to yourself. If you have a copy of ANY paperwork establishing ownership, make a copy and put in into the shipped package.

    What a complete crock of mis-information.....
     

    Agarax

    Member
    Jan 18, 2016
    8
    Updated in case others have this same problem in the future. Ended up being very anti-climatic.
     

    Agarax

    Member
    Jan 18, 2016
    8
    Yep, only downside so far is that no FFL I've talked to will accept a transfer of it, so I'll have to bring it back to MD next time I fly out to visit family.
     

    Agarax

    Member
    Jan 18, 2016
    8
    Not if he has been a resident since 2013.

    Correct. My registration was voluntary, but I decided that since it wasn't specifically enumerated in the will making a paper trail was a good idea (77r, military orders for when I moved to MD pre 2013, and letter from the executor stating that I inherited it). I'm also saving all of the email correspondence with the MSP.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Yep, only downside so far is that no FFL I've talked to will accept a transfer of it, so I'll have to bring it back to MD next time I fly out to visit family.

    If you can take possession of it in the state where it is located, you can ship it to yourself.

    From BATFE FAQ:

    5. May I lawfully ship a firearm to myself in a different State?

    Any person may ship a firearm to himself or herself in the care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner of the firearm “in the care of” the out-of-State resident. Upon reaching its destination, persons other than the owner of the firearm must not open the package or take possession of the firearm. The out-of-State resident is encouraged to place the package in a safe and secure location until the owner of the firearm is available to take physical possession.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,015
    Harford County
    Can he have someone package up the rifle for him and then he can send a UPS Call Tag for it? That way he initiated the shipping and he'll be doing the receiving too?
     

    Agarax

    Member
    Jan 18, 2016
    8
    If you can take possession of it in the state where it is located, you can ship it to yourself.

    From BATFE FAQ:

    Yep, but at that point I might as well bring it back on the flight. I usually only use one of the two free checked bags for Southwest.

    Can he have someone package up the rifle for him and then he can send a UPS Call Tag for it? That way he initiated the shipping and he'll be doing the receiving too?

    It has to be from you to yourself in the care of another person, which basically means someone else's address. The idea is that you can mail rifles to a address your staying at out of state for hunting, competitions, etc. Even if it wasn't in violation of the spirit of the law I think it would be against the letter. At this point I've jumped through enough hoops to make this totally above board that I'd rather just wait.
     

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