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Old May 16th, 2021, 01:48 PM #1
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Inherited banned firearms

Does any one have a contact for an attorney that can help me with inherited firearms. My uncle passed away and I inherited all his firearms. He lived in Arizona where all these Maryland banned guns are legal to own. His Will states that I am the beneficiary of all firearms in his possession at death. My layman view of Maryland law is that I can possess, but I am not sure. I have not received the firearms yet, but they may be in PA or AZ. Waiting on clarity from the executor of the will. There are a few AKís, bushmaster carbon, and a M1a national match. The Will is dated 2011 and I found a undated list of all long guns that I will inherit.

I spoke to a few gun shops and they only seem to want to buy them. I asked about specific rules on inheritance and they did not know or want to look into the issue. Only wanted to process the transfer to buy them from me.
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Old May 16th, 2021, 02:37 PM #2
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Since you were willed the firearms, by name, it is an easier process. Now banned (in MD) firearms purchased by your uncle after 10/1/2013 gets a little trickier and I can't answer that.
I would hire the services of a MD attorney well versed in 2A law. Brit Stouffer and Ed Hershon are spoken of very highly.
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Old May 16th, 2021, 02:39 PM #3
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Welcome to MDS, now tell us a little about yourself other than needing a lawyer.
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Old May 16th, 2021, 03:31 PM #4
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Inherited banned firearms

If he owned any MD banned firearms prior to 10/1/13 and willed them to you then you may bring them into MD. (I do t know whether you are required to notify MD for that)



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Old May 16th, 2021, 03:33 PM #5
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Quote:
Originally Posted by Mightydog View Post
Welcome to MDS, now tell us a little about yourself other than needing a lawyer.
Live in Harford County. Before a Baltimore County and City (Canton) resident. Got sick of being close to the city after the riots. Move north for schools and piece of mind. Wife and 3 kids. Love not paying for private schools now.
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Old May 16th, 2021, 03:48 PM #6
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Quote:
Originally Posted by rbird7282 View Post
If he owned any MD banned firearms prior to 10/1/13 and willed them to you then you may bring them into MD. (I do t know whether you are required to notify MD for that)
If he bought any of them after 10/1/13, you may not bring them to MD


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The way I read the law he is able to import anything that was legally owned by the person who passed. Since he was in Arizona it would be legal even if the guns are younger than 2013.

https://codes.findlaw.com/md/crimina...ect-4-302.html

4-302
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the
assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
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Old May 16th, 2021, 04:08 PM #7
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Quote:
Originally Posted by mvee View Post
The way I read the law he is able to import anything that was legally owned by the person who passed. Since he was in Arizona it would be legal even if the guns are younger than 2013.

https://codes.findlaw.com/md/crimina...ect-4-302.html

4-302
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the
assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;

Hmmm ok, maybe Iíve got that last part wrong.
Of course the OPís best solution is to talk to an attorney who is well versed in MD firearm laws


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Old May 16th, 2021, 04:23 PM #8
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Quote:
Originally Posted by Matt22c View Post
Live in Harford County. Before a Baltimore County and City (Canton) resident. Got sick of being close to the city after the riots. Move north for schools and piece of mind. Wife and 3 kids. Love not paying for private schools now.
Good move

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Welcome to MDS, now tell us a little about yourself other than needing a lawyer.
He meant this: https://www.mdshooters.com/forumdisplay.php?f=119
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2A ... Federal Constitutional Preemption

Thus, the only inquiry that this Court should conduct is to determine whether the firearms prohibited by the Act are protected by the Second Amendment. Because they are, the Act is simply unconstitutional.
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Old May 16th, 2021, 05:10 PM #9
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He can inherit all of them, no matter when they were bought. The carve-out for inheritance is huge. IIRC, you may even be able to get a named assault pistol that way.
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Old May 16th, 2021, 05:45 PM #10
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Originally Posted by erwos View Post
He can inherit all of them, no matter when they were bought. The carve-out for inheritance is huge. IIRC, you may even be able to get a named assault pistol that way.
Thatís how I understand it.
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"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.No one is bound to obey an unconstitutional law and no courts are bound to enforce it."(16 Am. Jur. 2d, Section 177; later 2d, Section 256)
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