KY resident giving firearms to MD resident father.

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  • KYwindage

    Member
    Dec 9, 2017
    4
    Hello from Kentucky!

    I’m leaving for basic training in a couple of months and I’ve decided to give my firearms to my father, a Maryland resident who doesn’t currently own any guns, before I go. I’ve been reading up on the laws in Maryland but I’ve still got a few questions so I can make sure everything is done legally. Sorry if this is the wrong section to post in, please redirect me if necissary!

    1. I have an AR-15 with a gov. profile barrel, I know that’s not legal in MD, but will it be okay to just buy and install an HBAR marked barrel or does the fact that it wasn’t originally fitted make a difference?

    2. In order for him to get my 30 round magazines, he would have to meet me outside of Maryland, correct?

    3. I will be giving him a handgun as well, will he need to have an HQL before taking possession of it? He is a member of the military if that makes a difference. And will he need to register the handgun?

    4. I’ve been told by MD residents that since the guns are going between immediate family members, son and father, that I can simply give them to him, but since I’m an out of state resident do we need to do the transfer through an FFL?

    I just want to make we don’t accidentally break any laws, thanks in advance!
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    1. Yes , you may install an HBAR bbl/ upper, and it will be compliant. Since you are residents of different states , it would need to go thru an FFL . Could be in Md , or KY , or any state inbetween .

    2. Over 10rd magazines would have to be given outside of Md .

    3. If Dad is Active or Retired Mil, he is exempt from needing HQL . ( Former MIL, but not eligible for Retirement benefits would require HQL ). Must go through an FFL in Maryland .

    4. Lots of misinformation in #4 . Any Imeadate Family factors would only come into play, if both family members were Md residents , so n/a for your situation.
     

    Magnumst

    Ultimate Member
    Mar 26, 2013
    1,253
    Question? Would this be temporary or permanent? Will he be giving them back to you after BT?
    Instead of buying or installing an Hbar, why not just remove upper?
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    Question? Would this be temporary or permanent? Will he be giving them back to you after BT?
    Instead of buying or installing an Hbar, why not just remove upper?

    I can see your point but I would be leery of that. Someone could always turn around and say since the receiver is actually the firearm, and it is a receiver of a Maryland banned gun without anything to qualify it for the h bar exemption, that was a violation. In that situation I personally would want to have an h-bar upper on that lower.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    If it is temporary loan/storage and you bought the AR-15 before 2013 (seems not likely) then it is fine. Purchased after 2013 or it is an actual transfer, then not legal and you’d need to install an HBAR Barrel on the AR-15
     

    KYwindage

    Member
    Dec 9, 2017
    4
    Question? Would this be temporary or permanent? Will he be giving them back to you after BT?
    Instead of buying or installing an Hbar, why not just remove upper?

    Not really sure how permanent it will end up being, I’ll have to wait until I know if I can have them while in schools for my MOS and whatnot, then it depends on where I end up actually stationed. Either way, I’d like for my father to at least be able to go shooting with it while he’s got it.
     

    ted76

    Ultimate Member
    MDS Supporter
    Jan 20, 2013
    3,151
    Frederick
    I think that you could buy a safe and put it in your Dad's house, put your guns in it and let your Dad have access to it, so he could borrow them on occasion. I would put a notarized letter in the safe, listing the firearms and the fact that you are the owner and are retaining ownership, while serving in the military, and allowing your father to borrow them.
    You would be keeping ownership of the firearms and magazines, so no need for transfer. There would no need to register the hand guns, since you would not be establishing residency in MD., the only other thing that I would suggest, as others have, is to buy a Hbar upper or just a barrel and install it before you bring the rifle to MD., if you bought it before 11/01/2013.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    the only other thing that I would suggest, as others have, is to buy a Hbar upper or just a barrel and install it before you bring the rifle to MD., if you bought it before 11/01/2013.

    Incorrect.

    If it was purchased before 10/1/13, it is legal in MD. No matter what barrel profile. To BRING it into the state, not to transfer it to a resident of the state.

    If purchased on or after 10/1/13, it must have an HBAR barrel to be brought into the state. No matter if for transfer or even for storage/loan (as some have suggested).
     
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