can prohibited persons inherit regulated firearms?

gsrcrxsi · Mar 7, 2012

let me start off by saying that i am not a prohibited person nor am i trying to sidestep any laws.

however, i have a friend who IS prohibited, and is determined to find a way to acquire regulated firearms. i do not believe he is or ever will be a threat to anyone, and i think he really just wants a regulated gun "because he cant" kind of thing.

he says that he cannot purchase any legally due to the laws, but that he is free to inherit them from family when the family member dies. im just curious, is this true? is it lawful for a family member to knowingly leave regulated firearms to a prohibit persons? or is it lawful for a prohibited person to receive regulated firearms via inheritance?

lx1x · Mar 7, 2012

quick answer no.

even its inherited... why would you think differently if he is not allowed to buy? i dont see any special grandfather clause about that.

MDMOUNTAINEER · Mar 7, 2012

the law doesn't say "purchase" or "acquire" it says possess. So the method he obtains them is immaterial. The possession is prohibited.

HarCo2ANewb · Mar 7, 2012

IIRC, you're not even supposed(allowed?) to touch them in a store

gsrcrxsi · Mar 7, 2012

i really dont know the specifics, but he seems to think the process is different for inheritance, and that they dont do a background check or anything, thats why i was asking here for further clarification.

BradMacc82 · Mar 7, 2012

I am not a lawyer, first off.

I think it's safe to say though, prohibited means PROHIBITED!, as in cannot posses - period, in MD though. It'd be a violation of MD law, not Federal law (that I know of).

That said, if he's bound set and determined to illegally posses Regulated Arms in MD, then he's ok with the possibility of doing some time and having his 2A right's stripped from him permanently. I believe that would flag him nationwide as well, so no moving to another state to buy guns.

Paging Rusty Shackleford, Paging Rusty Shackleford, your knowledge/experience is needed.

BlackBart · Mar 7, 2012

gsrcrxsi said:
i really dont know the specifics, but he seems to think the process is different for inheritance, and that they dont do a background check or anything, thats why i was asking here for further clarification.

No, he just wishes they were different. He wasn't bright enough to keep from losing his 2A right so he probably isn't bright enough to realize ownership still applies to him.

kalister1 · Mar 7, 2012

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who —

1.Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
2.Is a fugitive from justice;
3.Is an unlawful user of or addicted to any controlled substance;
4.Has been adjudicated as a mental defective or has been committed to a mental institution;
5.Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
6.Has been discharged from the Armed Forces under dishonorable conditions;
7.Having been a citizen of the United States, has renounced his or her citizenship;
8.Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
9.Has been convicted of a misdemeanor crime of domestic violence
10.Cannot lawfully receive, possess, ship, or transport a firearm.

gsrcrxsi · Mar 7, 2012

yeah all of this stuff is over my head. would he even be allowed to purchase regulated in another state? AFAIK he was never convicted of a felony, but misdemeanor, and i do not know the maximum jail time for his specific offense (i don't even know his specific offense honestly)

say hypothetically a regulated firearm IS left via inheritance to someone. what is the process? do you have to do the transfer process like you normally would? im speculating here but maybe go to through the transfer process with the will showing that the gun was left to you?

additionally, if said recipient was prohibited, what happens to the firearm? who takes possession of it?

MDMOUNTAINEER · Mar 7, 2012

gsrcrxsi said:
yeah all of this stuff is over my head. would he even be allowed to purchase regulated in another state? AFAIK he was never convicted of a felony, but misdemeanor, and i do not know the maximum jail time for his specific offense (i don't even know his specific offense honestly)

say hypothetically a regulated firearm IS left via inheritance to someone. what is the process? do you have to do the transfer process like you normally would? im speculating here but maybe go to through the transfer process with the will showing that the gun was left to you?

additionally, if said recipient was prohibited, what happens to the firearm? who takes possession of it?

If he is prohibited (by state law, federal law, or both) than he can't have them in his possession. It may be easier to obtain a firearm when bequeathed in an estate, but just because nobody runs a background check doesn't make it any more legal for him to have them.

gsrcrxsi · Mar 7, 2012

in response to kalister1's post (or anyone else who wishes to respond)

if you are prohibited, you are prohibited from ANY kind of gun? even long rifles and shotguns? not just regulated? and what determines if you are prohibited nationally or just in the state of MD?

BradMacc82 · Mar 7, 2012

He couldn't buy a regulated item out of state since his home state treats it as regulated, it'd have to be transferred to a FFL (Gun shop) in his home state to do the 4473 (Federal) and 77R forms (Maryland Regulated).

If it was a misdemeanor and he's prohibited, his sentence would've been 1 year or more, regardless of whether he actually had to serve any of it, probation included.

If a regulated arm is left to a prohibited person, they can't posses it, simple as that. Someone else would have to take possession, but if they allowed him access to it, that'd be a state charge to that person if they were caught.

Again, I'm not a lawyer.

kalister1 · Mar 7, 2012

Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who —

Read the question again, it says Firearm or Ammunition

No regard to "Regulated" which is strictly a Maryland term, NOT Federal. This is from the ATF website, NOT Maryland.

MDMOUNTAINEER · Mar 7, 2012

gsrcrxsi said:
in response to kalister1's post (or anyone else who wishes to respond)

if you are prohibited, you are prohibited from ANY kind of gun? even long rifles and shotguns? not just regulated? and what determines if you are prohibited nationally or just in the state of MD?

kalister1's post reflects what is on the ATF website (with a link you can follow). Those parameters are the same for ALL firearms (both long-guns, and handguns).

Look man, if your boy KNOWS THAT HE IS PROHIBITED, then he's probably not allowed to have a gun PERIOD. That's it. There's no way to backdoor it. If he is PROHIBITED and obtains it through whatever scheme he is concocting he should be prepared to pay the price if and when he gets caught.

lx1x · Mar 7, 2012

tss1004 said:
kalister1's post reflects what is on the ATF website (with a link you can follow). Those parameters are the same for ALL firearms (both long-guns, and handguns).

Look man, if your boy KNOWS THAT HE IS PROHIBITED, then he's probably not allowed to have a gun PERIOD. That's it. There's no way to backdoor it. If he is PROHIBITED and obtains it through whatever scheme he is concocting he should be prepared to pay the price if and when he gets caught.

Safetech · Mar 7, 2012

lx1x said:
i dont see no special grandfather clause about that.

Inherit - - - Grandfather clause
:lol2:

gsrcrxsi · Mar 7, 2012

yeah im just trying to wrap my head around all the laws. im trying to see in what way someone would be allowed to own non-regulated guns, but not be allowed to own regulated ones. is this just a MD thing? seems to me that if you have a conviction with a max sentence term longer than 1yr, you are prohibited from owning, any gun, in any state. correct?

but i have seen circumstances where people say you are allowed to possess non-reg. only with misdemeanors that carry max sentence less than 1yr? and in which case its only MD holding that person up on the regulated stuff?

also, what about FTF transactions of non-regulated stuff? obviously theres no authority to prevent such a transaction from taking place, but that would be illegal still then i assume? just trying to understand it all.

lx1x · Mar 7, 2012

gsrcrxsi said:
yeah im just trying to wrap my head around all the laws. im trying to see in what way someone would be allowed to own non-regulated guns, but not be allowed to own regulated ones. is this just a MD thing? seems to me that if you have a conviction with a sentence term longer than 1yr, you are prohibited from owning, any gun, in any state.

but i have seen circumstances where people say you are allowed to possess non-reg. only with misdemeanors that carry max sentence less than 1yr? and in which case its only MD holding that person up on the regulated stuff?

i know couple that has happen to them.. dont know exactly what the diffference is.

dajudge · Mar 7, 2012

I think the law states that it IS illegal to knowingly give or sell a firearm to such person. To make it worse would to be out somewhere with this gun and get a "routine" check for licenses or a traffic stop only to find to be in possession of an illegal firearm. Jail time gets higher, especially if it is a handgun. JM2cents

tech24 · Mar 7, 2012

My neighbors son took posssion of over 30 inherited firearms not sure what any of them were but he is a felon as i now facing over 20 counts of illegal possesion and a few illegal sales so that could be the outcome.

can prohibited persons inherit regulated firearms?

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