Dad passed Mom moving transferring question.

stevedub · Oct 22, 2016

Alright guys here's the scenario.

Dad passed away.
Mom has guns.
Mom sold house and needs to be out by Nov 12.

My mom does not want to take any of the Firearms with her when she moves. I want to take the guns as some of them were my grandfathers and passed down to them. I currently own no firearms.

Some of the most important guns in the collection them are pistols I do not have a handgun qualification license. Would this be needed in the situation where my dad passed away and my mom would be transferring the guns to me as a gift?

If yes do you think there would be enough time for me to go through the handgun qualification and get the guns transferred to me?

As far as the rifles go I would just need them transferred to me at the Maryland State Police barracks nothing else would be required correct?

DaemonAssassin · Oct 22, 2016

Post up over here first.
https://www.mdshooters.com/forumdisplay.php?f=119

Second, contact an attorney. There are a few in the Industry Partner section that can help you navigate your way through this mess.

iH8DemLibz · Oct 22, 2016

The rifles can go straight to you. No need to go through the State Police. No need for any kind of paperwork. Your Mom would simply gift them to you.

The handguns can be turned over, logged in, and held by a Dealer FFL until you get your HQL. Once you received your HQL, you would then do the paperwork with the FFL and take possession of them. Probably going to pay some sort of storage fee to the FFL.

This is assuming you have nothing in your background that would preclude you from owning firearms/handguns. And contacting a lawyer is probably a good idea too. Some obscure inheritance provision maybe.

Good luck.

fidelity · Oct 22, 2016

Don't post further here without speaking to a firearms attorney or stopping at your local gun store. If there was no will but it was your dad's intention for you to get the firearms, and he recently passed, you can inherit handguns without an HQL. Some gun stores, depending on where you live, can indirectly advise you on this and even help with paperwork for a reasonable fee. It's something they're often involved with.

As my friend iH8 mentioned in the above post, you also need to have nothing disqualifying in your past that would preclude ownership.

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fidelity · Oct 22, 2016

If you're in Frederick area and want to consult with a firearm's attorney, I would suggest Eric Schaffer at this practice ...

https://www.mdshooters.com/showthread.php?t=153637

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fabsroman · Oct 22, 2016

fidelity said:
Don't post further here without speaking to a firearms attorney or stopping at your local gun store. If there was no will but it was your dad's intention for you to get the firearms, and he recently passed, you can inherit handguns without an HQL. Some gun stores, depending on where you live, can indirectly advise you on this and even help with paperwork for a reasonable fee. It's something they're often involved with.

As my friend iH8 mentioned in the above post, you also need to have nothing disqualifying in your past that would preclude ownership.

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If there was no Will, things go according to the intestacy laws of Maryland. He would be entitled to a portion of the estate as a surviving son. His mother would also be entitled to a portion of the estate.

OP, when people say that rifles can be transferred from your mom to you without a visit to the MSP, please make sure that these rifles are not classified as "assault weapons". If they are "assault weapons", they can only be inherited. You need to make sure you go through the proper procedure for inheriting an "assault weapon". They cannot be gifted to you by your mother if she has inherited them.

esqappellate · Oct 23, 2016

fabsroman said:
If there was no Will, things go according to the intestacy laws of Maryland. He would be entitled to a portion of the estate as a surviving son. His mother would also be entitled to a portion of the estate.

OP, when people say that rifles can be transferred from your mom to you without a visit to the MSP, please make sure that these rifles are not classified as "assault weapons". If they are "assault weapons", they can only be inherited. You need to make sure you go through the proper procedure for inheriting an "assault weapon". They cannot be gifted to you by your mother if she has inherited them.

This ^^^^^. Maryland has intestate statutes. It makes a huge difference if there is a will. Otherwise, the estate passes in accordance with the intestate statutes. MD Code, Estates and Trusts, § 3-101 et seq. Make a will. It makes the lives of your survivors so much easier.

Squaregrouper · Oct 23, 2016

fabsroman said:
If there was no Will, things go according to the intestacy laws of Maryland. He would be entitled to a portion of the estate as a surviving son. His mother would also be entitled to a portion of the estate.

OP, when people say that rifles can be transferred from your mom to you without a visit to the MSP, please make sure that these rifles are not classified as "assault weapons". If they are "assault weapons", they can only be inherited. You need to make sure you go through the proper procedure for inheriting an "assault weapon". They cannot be gifted to you by your mother if she has inherited them.

esqappellate said:
This ^^^^^. Maryland has intestate statutes. It makes a huge difference if there is a will. Otherwise, the estate passes in accordance with the intestate statutes. MD Code, Estates and Trusts, § 3-101 et seq. Make a will. It makes the lives of your survivors so much easier.

These guys are both attorneys. I would take their recommendations over what a gun shop or friend tells you.
FWIW- An easy way to spot lawyers on this forum is they usually have a legal disclaimer at the bottom of their post.

Blacksmith101 · Oct 23, 2016

squaregrouper said:
These guys are both attorneys. I would take their recommendations over what a gun shop or friend tells you.
FWIW- An easy way to spot lawyers on this forum is they usually have a legal disclaimer at the bottom of their post.

Legal disclaimer? I thought it was because lawyers always ...............

Dad passed Mom moving transferring question.

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