Discussions on getting inherited guns from another state--point me to the threads?

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  • Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,323
    Carroll County
    Too bad her dad didn't give them to her years ago when they lived in the same state, and just store them for her until she had a place to keep them.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    I believe I see an SKS with removable mag. That would be a banned item, unless they can retrofit a fixed one.

    Not sure how that applies to inheritance from out of state.

    ETA:
    Specifically, it looks like an SKS-M that supports removable mags, not the duckbill style that can be swapped in for fixed mags so you may be out of luck.


    View attachment 425615
    Inheritance is an exemption to acquiring "banned" long guns. The SKS would be legal to transfer via inheritance, it would need to go on a 77R.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    I thought that was only if it was already in MD? As in, MD resident who owns said items dies, his heirs are allowed to inherit them.

    Happy to be proven wrong, just trying to clarify.
    That would be incorrect, there is absolutely nothing in State Statute that restricts the inheritance to firearms already in Maryland.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,736
    Columbia
    Not sure that you can inherit these. They are not part of FSA 2013, but are instead part of an earlier ban on some pistols. I don't remember anything about inheriting them
    I believe you're correct, I was mixing up the two laws
     

    mranaya

    Task Force Sunny, 2009
    Jun 19, 2011
    996
    Hanover MD
    Inheritance is an exemption to acquiring "banned" long guns. The SKS would be legal to transfer via inheritance, it would need to go on a 77R.
    dblas,
    Ah, that is very helpful. I've passed all of your information to my friend, and she is working on setting something up with her family. Thanks again.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    I think the M11 is banned as well but if the OP is getting it through inheritance it should be ok AFAIK
    The M11 is banned, but exempt for inheritance.
    Here is the definition of "Assault weapon" from 4-301 of the Criminal Law Article. (Bold/Highlighted is mine)

    Assault weapon” means:
    (1) an assault long gun;
    (2) an assault pistol; or
    (3) a copycat weapon.
    Definition of "Assault Pistol" from 4-301 of the Criminal Law Article. (Bold/Highlighted is mine)
    “Assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:
    (1) AA Arms AP-9 semiautomatic pistol;
    (2) Bushmaster semiautomatic pistol;
    (3) Claridge HI-TEC semiautomatic pistol;
    (4) D Max Industries semiautomatic pistol;
    (5) Encom MK-IV, MP-9, or MP-45 semiautomatic pistol;
    (6) Heckler and Koch semiautomatic SP-89 pistol;
    (7) Holmes MP-83 semiautomatic pistol;
    (8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
    (9) Intratec TEC-9/DC-9 semiautomatic pistol in any centerfire variation;
    (10) P.A.W.S. type semiautomatic pistol;
    (11) Skorpion semiautomatic pistol;
    (12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
    (13) UZI semiautomatic pistol;
    (14) Weaver Arms semiautomatic Nighthawk pistol; or
    (15) Wilkinson semiautomatic “Linda” pistol.

    Exemption for "Assault Weapons" for inhertance from 4-302 of the Criminal Law Article.

    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;

    So, the MAC11, can indeed, be transferred, it just needs to be on a 77R just like the SKS.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    dblas,
    Ah, that is very helpful. I've passed all of your information to my friend, and she is working on setting something up with her family. Thanks again.
    No problem at all, see my post above this about the MAC11, which can be transferred as well.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,641
    MoCo
    A wise old owl sat in an oak
    The more he saw, the least he spoke
    The less he spoke, the more he heard
    Why can't we all be like that wise old bird
    Miss Goodnight/Katherine Hepburn approves.
     

    Growler215

    Ultimate Member
    Dec 30, 2020
    2,473
    SOMD
    "They will need to be put on a 77r with MSP however"--ugh, sounds like "registration"
    If she had been given the firearms and brought them into MD prior to Oct 2013, she would not have had to register them with MSP at all.

    Not knowing when her Dad acquired them or what paper trail there was with her inheritance, or how long she's lived in the state, it's hard to say whether or not the state could prove she didn't own them legally in MD before the requirement went into effect.
     

    mranaya

    Task Force Sunny, 2009
    Jun 19, 2011
    996
    Hanover MD
    If she had been given the firearms and brought them into MD prior to Oct 2013, she would not have had to register them with MSP at all.

    Not knowing when her Dad acquired them or what paper trail there was with her inheritance, or how long she's lived in the state, it's hard to say whether or not the state could prove she didn't own them legally in MD before the requirement went into effect.
    Okay, Thanks
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    I thought that was only if it was already in MD? As in, MD resident who owns said items dies, his heirs are allowed to inherit them.

    Happy to be proven wrong, just trying to clarify.
    Not so far as I know. Inheritance is inheritance and I see nothing in the law that says it must already be in the state.
     

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