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

Agarax · Apr 3, 2020

Hope this is in the right forum. To keep it short and simple I inherited a AR-15 from my step-father after he passed away about 10 years ago. For a lot of reasons I wasn't in a good spot to get it shipped to MD, so it's been sitting in my folk's gun safe back home ever since.

Everything I read says that if you owned it pre-2013 it should be good, but the details are kind of fuzzy about if it needed to be in-state before then.

Can anyone point me in the right direction? Thanks!

Edit: To clarify, home is out west so I just can't throw it in my trunk and drive back, I'd have to have it shipped, which as far as I can tell requires shipping to a FFL?

Edit 2: Talked to a lawyer about it, but they never got back to me. Ended up just emailing the MSP Firearms Services Section. They got back to me 5 minutes later and said that banned weapons owned before 2013 can be inherited and do not have to be specifically listed in the will. Went ahead and submitted a voluntary 77R to have a paper trail and after a brief conversation on the phone with one of the troopers it came back 'not disapproved'.

danb · Apr 3, 2020

You owned it 10 years ago. Great. I assume you have the will or estate or some other document just in case.

Where it is stored I would say is nobody's business, but thats me.

Alphawaves · Apr 3, 2020

Good luck sir

dblas · Apr 3, 2020

Agarax said:
Hope this is in the right forum. To keep it short and simple I inherited a AR-15 from my step-father after he passed away about 10 years ago. For a lot of reasons I wasn't in a good spot to get it shipped to MD, so it's been sitting in my folk's gun safe back home ever since.

Everything I read says that if you owned it pre-2013 it should be good, but the details are kind of fuzzy about if it needed to be in-state before then.

Can anyone point me in the right direction? Thanks!

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.

SkiPatrolDude · Apr 3, 2020

Alphawaves said:
why would you post saying what you said? There is NO right direction to point. You already threw yourself under the bus. Good luck sir

Nice job contributing absolutely nothing of substance to this thread.

The law is actually quite clear on what he’s asking, so perhaps you should think before you respond with something so utterly unhelpful.

Good luck sir

dblas · Apr 3, 2020

Alphawaves said:
why would you post saying what you said? There is NO right direction to point. You already threw yourself under the bus. Good luck sir

There are several ways to point him, and all of them are correct, given his situation.

Boats · Apr 3, 2020

dblas said:
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.

Disagree. (IANAL)

He owned it pre-2013. Retroactive registration for owners of existing Non-hbars is not compulsory. Firearm registration. for legally aquired firearms was not compulsory before 2013 either. Registration of long guns remains non-compulsory in Maryland...for now.

As long as bequeath/F2f was legal in the OPs father's state of residence at the time of his passing (as it was in Maryland) then he owned it legally)

AFAIK, HBARs are a legal/illegal thing, not a registration thing. After 2013, new purchase or construction of Non-hbars was illegal. Possession remains legal. There is no registration process to make new ownership or construction of a non-hbar legal.

Agarax · Apr 3, 2020

To clarify, home is out west so I just can't throw it in my trunk and drive back, I'd have to have it shipped, which as far as I can tell requires shipping to a FFL?

Apologies for the newb questions.

danb · Apr 3, 2020

the plot thickens.

You can ship a gun you own directly to yourself. But you must be on the sending end and the receiving end. And only you can handle it. Or you can drive/fly there and back with it.

But if someone else ships it to you... through an FFL... do you really own it? No FFL will transfer it on a 4473. Its a banned rifle.

Boats · Apr 3, 2020

Agarax said:
To clarify, home is out west so I just can't throw it in my trunk and drive back, I'd have to have it shipped, which as far as I can tell requires shipping to a FFL?

Apologies for the newb questions.

legally, if you own it, then you own it.

Putting it in your truck and driving it is kosher.

I would consult an attorney to get an experts opinion

danb · Apr 3, 2020

Boats said:
legally, if you own it, then you own it.

Putting it in your truck and driving it is kosher.

I would consult an attorney to get an experts opinion

I think he's saying he "just cant" because its a long drive and flying is restricted. Then there is the 14 day self quarantine. So, "just can't" is the sense of "its really hard"

danb · Apr 3, 2020

But the bottom line is if you own it, there is no way to get around going to get it. Yeah its a drive, but what else do you have to do while the world is shut down?

Agarax · Apr 3, 2020

Thanks for the advice everyone!

I'll double check with a lawyer to make sure my bases are covered, but it sounds like the easiest way to do this is just wait until I fly home next and just bring it back as checked baggage.

danb · Apr 3, 2020

Pinecone · Apr 4, 2020

Boats said:
Disagree. (IANAL)

He owned it pre-2013. Retroactive registration for owners of existing Non-hbars is not compulsory. Firearm registration. for legally aquired firearms was not compulsory before 2013 either. Registration of long guns remains non-compulsory in Maryland...for now.

As long as bequeath/F2f was legal in the OPs father's state of residence at the time of his passing (as it was in Maryland) then he owned it legally)

AFAIK, HBARs are a legal/illegal thing, not a registration thing. After 2013, new purchase or construction of Non-hbars was illegal. Possession remains legal. There is no registration process to make new ownership or construction of a non-hbar legal.

If he had purchased it prior to 2013, the sale would have to gone through an FFL or MSP.

AFAIK, inheritance requires going through MSP, but no charge.

Edit -------------------

Section 5-502

(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 have to do a 77r.

mac1_131 · Apr 4, 2020

Agarax said:
Thanks for the advice everyone!

I'll double check with a lawyer to make sure my bases are covered, but it sounds like the easiest way to do this is just wait until I fly home next and just bring it back as checked baggage.

Or wait till this virus stuff blows over, on your next visit ship it to yourself. Might be a bit easier than flying back with it.

onedash · Apr 4, 2020

mac1_131 said:
Or wait till this virus stuff blows over, on your next visit ship it to yourself. Might be a bit easier than flying back with it.

Flying was easier then I ever imagined. It's like a speed pass in my experience. First time was ohare.i walked in and got in a mile long line to check in. A guy walked up and asked if there was a firearm in the case, I said yep. He said go to counter 147 or something, one guy in front of me checking in fishing poles.

Boats · Apr 4, 2020

danb said:
I think he's saying he "just cant" because its a long drive and flying is restricted. Then there is the 14 day self quarantine. So, "just can't" is the sense of "its really hard"

ah. says can't, means won't.

Boats · Apr 4, 2020

Pinecone said:
If he had purchased it prior to 2013, the sale would have to gone through an FFL or MSP.

AFAIK, inheritance requires going through MSP, but no charge.

Edit -------------------

Section 5-502

You have to do a 77r.

wow you're totally right!

except prior to 2013 ARs were not regulated firearms. but thank you for playing.

Boats · Apr 4, 2020

Agarax said:
Thanks for the advice everyone!

I'll double check with a lawyer to make sure my bases are covered, but it sounds like the easiest way to do this is just wait until I fly home next and just bring it back as checked baggage.

an excellent decision

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

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