MD Inheritance Law

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  • Cuttyfunk

    Active Member
    Dec 17, 2015
    157
    I was asked a question today but didn't know the answer so I figured I would have to ask the boards. If I am a MD resident and my father is a DE resident and wants to gift me a handgun, I assume it still has to go through a FFL or transfer through MSP. Handgun is an approve weapon and I couldn't take possession of mags over 10 rounds. As the recipient do I need a HQL? Am I correct that Inheritance laws only apply if the person passed away.

    Thanks
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,179
    Sun City West, AZ
    I believe you're correct it needs to go through a FFL holder and you'll need a HQL. I can also relate what the estate attorney told me when my mom passed away some years ago when I asked about the appraisal for her jewelry...her answer was "What jewelry?" Take that as you will.
     
    If your father is alive, it is not an inheritance.
    Must go through a Maryland FFL. MDSP does not handle interstate transactions.
    You can take possession of any mag in Delaware- not Maryland. You have to bring them across the state line yourself.
    If the pistol is not on the C&R list, you need a HQL.
     

    MEGARMS

    KnowNothing
    Jun 3, 2012
    3,843
    Carroll County
    Call Nicole Stoddart 410-653-4596 at the MSP licensing division. I believe she will explain to you that you CAN accept a gift of a regulated firearm from your father without going through an FFL. She will then tell you that you can voluntarily register it if you would like.

    I recall asking this question a few years ago when my dad offered to give me a pistol. Don't take my word for it, call her tomorrow.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Call Nicole Stoddart 410-653-4596 at the MSP licensing division. I believe she will explain to you that you CAN accept a gift of a regulated firearm from your father without going through an FFL. She will then tell you that you can voluntarily register it if you would like.

    I recall asking this question a few years ago when my dad offered to give me a pistol. Don't take my word for it, call her tomorrow.

    Even pre-10/2013 with an in-state parent that isn’t a correct answer...
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Call. I am pretty sure MDSP will handle interstate for immediate relatives. At least on the FAQ page it mentions the $10 fee is waived for transfers between immediate family members. No waiting period when it is immediate family. Here is the excerpt from the 77r portal user guide.

    Gifts may only be given between immediate family members. “Immediate family” is defined in statute as: spouse, child, mother, father, grandmother, grandfather, or grandchild. When this sale type is selected, the applicant/recipient must define their relationship to the seller/giver of the gift, e.g.:
    As the recipient of the gift, I am the [spouse] of the giver of the gift.
    A regulated firearm may not be purchased and immediately given to another individual (as a gift, or otherwise), as this is an example of a straw purchase and is illegal in Maryland. The recipient of the regulated firearm gift is required to register the regulated firearm gift by completing and submitting a 77R-E within 5 days receiving the regulated firearm gift.

    HQL required by both applicant/recipient and seller/giver unless each qualifies individually for exemption

    Immediate transfer

    Applicant/recipient must wait 30 days for transfer of next regulated firearm unless applicant is a designated collector

    Barrack or Dealer, or Neither if completed by the applicant with an Application Type of Inheritance and submitted directly to the MSP
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    To whit, call and find out. I hadn’t heard before that an HQLwas ever required of the seller. Only the buyer (unless the firearm buyer is exempt). I’d imagine the closest barracks would do out of state still since it is immediate family.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    MSP * Can't * handle anything Interstate, per Federal law, period .

    $10 fee and waiting period for physical transfer waived. ( Unknown how state lines effect ).

    HQL never required of a seller . I'm sure in a Barracks transfer, the seller will be checked for apparent Prohibited status , and wouldn't be surprised for wants & warrants generally .
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,691
    If it's C&R, you can get a license (FFL03) for thirty bucks and a few weeks' wait; then hand your dad a signed copy of the license, he hands you the gun, you record it in your bound book, done.

    Of course there's the downside; you'll have a C&R, a license to spend money on firearms. Could be expensive in the long run.

    Then there's the upside of the downside: guns arriving at your doorstep, no MSP involvement, just like in America.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Call. I am pretty sure MDSP will handle interstate for immediate relatives. At least on the FAQ page it mentions the $10 fee is waived for transfers between immediate family members. No waiting period when it is immediate family. Here is the excerpt from the 77r portal user guide.

    Gifts may only be given between immediate family members. “Immediate family” is defined in statute as: spouse, child, mother, father, grandmother, grandfather, or grandchild. When this sale type is selected, the applicant/recipient must define their relationship to the seller/giver of the gift, e.g.:
    As the recipient of the gift, I am the [spouse] of the giver of the gift.
    A regulated firearm may not be purchased and immediately given to another individual (as a gift, or otherwise), as this is an example of a straw purchase and is illegal in Maryland. The recipient of the regulated firearm gift is required to register the regulated firearm gift by completing and submitting a 77R-E within 5 days receiving the regulated firearm gift.

    HQL required by both applicant/recipient and seller/giver unless each qualifies individually for exemption

    Immediate transfer

    Applicant/recipient must wait 30 days for transfer of next regulated firearm unless applicant is a designated collector

    Barrack or Dealer, or Neither if completed by the applicant with an Application Type of Inheritance and submitted directly to the MSP

    The problem is, FEDERAL LAW, states that transfers between residents of different states MUST transfer through an FFL. And in the case of a handgun, the FFL must be in the state of the recipient.

    There is a provision for transfer by inheritance to not go through an FFL. But the giver needs to DIE to do this. :D
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    IIRC, isn't inheritance the one way to bypass the assault pistol ban, too? If my folks lived in a free state, I'd absolutely give them the cash to buy an Uzi pistol and just wait it out. Kinda dark, but what the hell, it is what it is.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Yep, and you can also inherit a now banned long gun as well.

    There was a thread and a long discussion a couple of months ago though about inheriting banned firearms that were owned post FSA2013. I think thr majority were leaning to “the law doesn’t say you can’t inherit them”.

    Then again the law is also clear everywhere else that those guns can’t come in to the state if purchased after the ban. It just doesn’t specifically call it out under the tiny piece on inheritance on whether the firearm has to be owned prior to the ban.

    That would be one of those I’d really want to consult a lawyer who specializes in MD firearms laws.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Like most laws, if it’s not specifically prohibited, it’s allowed

    The phrase says that inherited regulated firearms are legal to inherit and that it applies to subtitle 5 Public Safety statute. I have no idea how the courts would rule if it conflicts with the Criminal statute Subtitle 4.

    I would guess if there is a conflict the burden would be on the State to prove you broke the law.

    IANAL
    .
     

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    Abulg1972

    Ultimate Member
    No HQL is required. See Md. Code Ann., Public Safety Section 5-102(8), which provides that "[t]his subtitle does not apply to . . . (8) 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[.]" You will need to submit an e77R, and you can do that directly with MSP after bringing the firearms into the state. You should call your local MSP barracks and ask for guidance on the process. More info here: https://www.mdshooters.com/showthread.php?t=114585&highlight=inheritance

    MSP * Can't * handle anything Interstate, per Federal law, period .

    What provision of federal law prohibits the MSP from processing an e77R relating to a regulated firearm being transferred through inheritance from an out-of-state decedent's estate to a Maryland resident? This is strictly a state-law issue. The CGA of 1968 expressly permits a resident of Maryland to transport/receive into Maryland, without the need to involve a licensee, a firearm received through inheritance from a resident of another state. See 18 U.S.C. 922(a)(3) and (5).
     

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