Inheriting banned firearms

RB5082 said:

What if the parent is out of state and acquired the banned firearms after October 2013?

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Inheritance of any banned Assault Weapon is fine so long as it was legally owned. If the parent is a resident of, say PA, and buys an AK rifle tomorrow, a MD residents can still inherit the AW.

If the parent is still alive, you can't get it transferred to you.

NateIU10 said:

I would just do an inheritance 77R and call it a day. Mail it to MSP and be done with it.

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I don’t think that this is a lawful way of transferring ownership of an AW.

The only lawful way for OP to acquire his grandfather’s AW is if OP acquires it through “inheritance.” See CR § 4-302(5). The term inheritance is not a defined term with any relevant Code sections. Consequently, it must be afforded its ordinary meaning. Inheritance, as it is generally understood, refers to property received from a decedent, either by will or through the laws of intestate succession.

Probate is the process by which title to the decedent’s property (for the purposes of this discussion I am only referring to property included in the decedent’s estate) passes from the decedent to a legate (if property is passing in accordance with the terms of a will), or an heir (if property is passing in accordance with the laws of intestate succession). In MD this involves a 2 step process. At death legal title to all of the decedent’s property passes directly to the personal representative. See E&T § 1-301(a). This occurs automatically by operation of the law. The personal representative is then charged with administering the decedent’s estate and ultimately make distributions from the decedent’s estate to legates or heirs. However, and subject to limited exceptions, the personal representative cannot exercise the powers of the personal representative unless an estate has been opened (either judicially or administratively). See § 5-102. Stated differently, a personal representative cannot transfer the property from the decedent’s estate unless he/she has first been appoint as a personal representative by the court.

Carcinogen said:

If a loved one passes away and you acquire a banned firearm from them without it being expressly written in their will, can you legally register ownership of it in Maryland? For example let's say your grandfather passes away and you are handed his AK-47 by your grandmother despite there being no mention of it in his will. What sort of paperwork would you need to legally own it? Thanks.

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IMO, in the scenario that your describe, you would not be acquiring the AW through inheritance. You are inheriting in the sense that your are taking physical possession of the AW upon the death of its owner. However, you are not acquiring legal title pursuant to the terms of a will or under the law of intestacy.

In your case, the personal representative should open an estate and be appointed as personal representative. If the AW does not pass to you under the terms of the will or under the laws of intestacy, then have those that are in front of you in the order of distribution disclaim their interests in the AW until your are next in line to take. Once this has occurred, the personal representative can lawfully transfer ownership of the AW to you.

Now if you just 77r it without going through probate – will you ever incur any criminal liability? I don’t know.

I agree with Anderson in this case. You need to make sure that this is handled properly through probate.

Pale Ryder said:

He gave it to you prior to 1 Oct 14, but left it at his residence.

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This

What if the regulated firearm belongs to one of the 6.5 million above 112 year olds that still have active social security numbers?

Pale Ryder said:

He gave it to you prior to 1 Oct 14, but left it at his residence.

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Do you mean Oct 1, 2013????

What does Oct 1, 2014 have to do with anything?

Gryphon said:

What if the regulated firearm belongs to one of the 6.5 million above 112 year olds that still have active social security numbers?

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At least they are still paying taxes