Banned rifle question

[mac1_131]

I’m going to fake my death.

Make sure you list covid-19 when signing your own death certificate!

 

[teratos]

Your kids will rejoice

These days they may prefer the real thing (17 and 20).

Make sure you list covid-19 when signing your own death certificate!

I already got that covered. Just the date and time need filled in.

 

[paperwork351]

Does the will have to have the make, model and serial number before the the firearm can be transfered?

 

[lazarus]

Does the will have to have the make, model and serial number before the the firearm can be transfered?

It doesn’t hurt.

But no. So long as you don’t mind that the banned firearm would follow your state’s inheritance laws.

Most states, from what I am aware (I am NOT a probate lawyer) all you need for anything is to be descriptive enough your average person could understand it.

“My nephew Greg gets Colt AR-15 rifle” is enough if all you’ve got is one Colt AR-15 rifle.

If you’ve got 6…you’d want to specify “of his choice”. Or “gets serial number blah blah blah”

Same with any property. “Gets my gold pocket watch” is enough usually.

If you have no will, it would go to your spouse or assists split to your kids depending on who is alive.

So it is important because as far as I know, MSP/law cares about direct transfer. If your spouse is alive and you die, she couldn’t give it to one of your kids. They’d need to be named in the will at that point. My understanding is, it would be considered a gift from your spouse at that point unless they recipient is named in the will or the direct inheritor under state law.

When in doubt, make your will crystal clear.

 

[teratos]

Does the will have to have the make, model and serial number before the the firearm can be transfered?

I would, if there can be any confusion. Nothing tears families apart faster than a confusing will.

 

[dblas]

I would, if there can be any confusion. Nothing tears families apart faster than a confusing will.

Or an over simplified one "split 50/50 between John and Jane."

 

[BurkeM]

Can a parent give a once legal rifle, now banned rifle, to their child?

Easy to do if you "give" it to the "child" outside of Maryland.

 

[BurkeM]

These are all questions that can only be answered hypothetically.

MSP or any other law enforcement agency may seize any firearm "they" believe is not lawfully possessed.

It's extremely unlikely that anyone other than a person actually prohibited under the GCA of 1968 would be detained, arrested, or indicted. To my knowledge, NOBODY has been prosecuted under the FSA of 2013 since 1 Oct 2013.

It's also unlikely that anyone could compel a law enforcement agency to RETURN a firearm believed to be prohibited without an extended and expensive court battle.

 

[RRomig]

Easy to do if you "give" it to the "child" outside of Maryland.

Yeah if said child doesn’t live in MD.

 

[Mark75H]

Easy to do if you "give" it to the "child" outside of Maryland.

If I'm not mistaken, residency trumps location. The parties would need to RESIDE outside of MD.

 

[lazarus]

Easy to do if you "give" it to the "child" outside of Maryland.

Only if the child lives outside of Maryland. And by give, you mean you are both residents of that state and face-to-face transfers are legal in that state of you transfer the firearm through an FFL.

Otherwise what you are suggesting is roughly as illegal as just giving the banned gun to the person in Maryland.

 

[lazarus]

These are all questions that can only be answered hypothetically.

MSP or any other law enforcement agency may seize any firearm "they" believe is not lawfully possessed.

It's extremely unlikely that anyone other than a person actually prohibited under the GCA of 1968 would be detained, arrested, or indicted. To my knowledge, NOBODY has been prosecuted under the FSA of 2013 since 1 Oct 2013.

It's also unlikely that anyone could compel a law enforcement agency to RETURN a firearm believed to be prohibited without an extended and expensive court battle.

ABSOLUTELY NOT TRUE. Many, many people have been prosecuted under FSA2013. Possession of high capacity magazines (transfer/making is illegal under the law, but so is possession while commuting another crime). Possession of an “assault weapon” has been charged a number of times too.

Just off the top of my head a couple of 20 somethings were arrested in OC about 3 years ago trying to drag race a cop. They had a pencil barrel AR-15 in the trunk and were charged under FSA2013 for that (DE residents if I remember correctly?)

That is a case that stands out in my mind mostly because of how particularly stupid the individuals were. But I’ve certainly read a number of other cases of people charged under FSA2013. Usually it’s a stack on charge for some other particularly dumb and illegal thing the person was caught doing.

For example, IIRC that coast guard officer who was supposedly white supremacy bent about 3 years ago also, was caught with unregistered suppressors and a bunch of guns. In PG county if I am remembering right? I am almost positive possession of an assault weapon under FSA2013 was one of the Maryland charges on to top of possession of a controlled substance. I think the feds looked to charge him under the NFA as well for those non-tax stamped cans.

There have also been a few instances of people getting pulled over for traffic violations and police find a banned firearm in the vehicle/trunk because of a search for other reasons than the stop and they were charged.

 

[Biggfoot44]

And don't forget that FSA 2013 make multiple catagories of people Prohibited , that aren't prohibited Federally

 

[teratos]

Or an over simplified one "split 50/50 between John and Jane."

If all you have is cash, it works fine. Almost never the case. I prescribe more Xanax for bad wills than any other identifiable cause.

 

[dblas]

If all you have is cash, it works fine. Almost never the case. I prescribe more Xanax for bad wills than any other identifiable cause.

Not working fine in my case.

 

[warmachine]

Inheritance only

 

[BurkeM]

ABSOLUTELY NOT TRUE. Many, many people have been prosecuted under FSA2013. Possession of high capacity magazines (transfer/making is illegal under the law, but so is possession while commuting another crime). Possession of an “assault weapon” has been charged a number of times too.

Just off the top of my head a couple of 20 somethings were arrested in OC about 3 years ago trying to drag race a cop. They had a pencil barrel AR-15 in the trunk and were charged under FSA2013 for that (DE residents if I remember correctly?)

That is a case that stands out in my mind mostly because of how particularly stupid the individuals were. But I’ve certainly read a number of other cases of people charged under FSA2013. Usually it’s a stack on charge for some other particularly dumb and illegal thing the person was caught doing.

For example, IIRC that coast guard officer who was supposedly white supremacy bent about 3 years ago also, was caught with unregistered suppressors and a bunch of guns. In PG county if I am remembering right? I am almost positive possession of an assault weapon under FSA2013 was one of the Maryland charges on to top of possession of a controlled substance. I think the feds looked to charge him under the NFA as well for those non-tax stamped cans.

There have also been a few instances of people getting pulled over for traffic violations and police find a banned firearm in the vehicle/trunk because of a search for other reasons than the stop and they were charged.

Curious- I’d like to see the cases. Would be nice if you could come up with names/dates for some of the ones you’ve cited.

It’s not illegal to possess large capacity magazines in MD- only unlawful to transfer them.

A Delaware resident isn’t obligated to keep a pencil profile rifle out of Maryland: s/he is prohibited from transferring one in MD. It would be a crime if it was loaded in the vehicle. (Not a crime under FSA 2013).

 

[Darkemp]

It’s not illegal to possess large capacity magazines in MD- only unlawful to transfer them.

A Delaware resident isn’t obligated to keep a pencil profile rifle out of Maryland: s/he is prohibited from transferring one in MD. It would be a crime if it was loaded in the vehicle. (Not a crime under FSA 2013).

Incorrect on both of these points.

Magazines become an additional charge when used in commission of a crime, or when they determine the suspect acquired within the state, sometimes likely through their own voluntary admission.

Transport into the state regardless of when possessed is illegal on 4-303 (a), 1.

Here’s a summary of all MD state firearms laws that you may find helpful.

https://www.atf.gov/firearms/docs/guide/maryland-firearms-statutes-and-codes/download

 

[Darkemp]

Easy to do if you "give" it to the "child" outside of Maryland.

Cannot be brought back into MD however as per my previous post. Once a pre-FSA rifle leaves and changes possession it can never return. The 77R data which can be accessed back to original acquisition would be easily used to prove the transfer was illegally done.

 

[Darkemp]

It was legal for my friend to shoot one of my now banned long guns prior to October 2013. If he held it I guess he legally possessed the firearm. Since he legally possessed the firearm before that date I guess he could still legally possess it now. The state would not be able to prove that anyone who was alive and is not prohibited didn’t possess my gun. So only one of my kids can use my banned firearms. I actually had my son possess all my banned firearms before the deadline.
https://law.justia.com/codes/maryland/2020/criminal-law/title-4/subtitle-3/

Being caught alone without the owner present could create some issues. Loaning a firearm is not necessarily illegal in MD, but if we’re talking about a pre-FSA rifle it may fall under the old adage “you may beat the charge, but you won’t beat the ride”.