Family gifting a MD banned firearm

[berettaRob]

So I have been looking around the forum I'm a new member but have been through the forum quite a bit. I moved her 5 years ago from VA and I am just not super familiar with all aspects of MD gun law. My father in law would like to gift me a wasr 10. I know ak47 in all variants is banned in MD but I've had afew people tell me that a family member can gift it to me and I've also heard that they can't. So my question is since he is from what I know considered a direct family member is it possible for him to gift it to me and just use a 77R form, or is this not allowed do to it being a banned firearm in MD?

 

[rbird7282]

He can not gift it to you, the only way it would be legal is if he leaves it to you in his will then you’ll get it when he passes.


Sent from my iPhone using Tapatalk

 

[RFBfromDE]

That’s awkward…

 

[berettaRob]

Ok I wasn't sure stinks but understood. Maybe the bans will be overturned soon but until then I'll just have to dream about it.

 

[possumman]

Another person who has never seen Fight Club

 

[Patattack88]

see no evil, speak no evil, hear no evil.

 

[FZRracer400!]

Another person who has never seen Fight Club

Egg Zachary.

 

[Bafflingbs]

see no evil, speak no evil, hear no evil.

Ding, Ding, Ding, Ding!!!

 

[Docster]

Another person who has never seen Fight Club

and the first rule is........

 

[Phoenix_1295]

So I have been looking around the forum I'm a new member but have been through the forum quite a bit. I moved her 5 years ago from VA and I am just not super familiar with all aspects of MD gun law. My father in law would like to gift me a wasr 10. I know ak47 in all variants is banned in MD but I've had afew people tell me that a family member can gift it to me and I've also heard that they can't. So my question is since he is from what I know considered a direct family member is it possible for him to gift it to me and just use a 77R form, or is this not allowed do to it being a banned firearm in MD?

As a general FYI, father-in-law is not an “immediate family” member for a gift transfer via 77r. A transfer from an in-law would follow the “secondary sale” transfer process, even if no money changes hands.

https://mdsp.maryland.gov/Organization/Documents/Licensing%20Portal%20-%20User%27s%20Guide.pdf

 

[IronEye]

For a "regular" long gun a Father-in-Law is immediate family. He's a parent - as related by marriage.

Of course both seller and buyer must be Maryland residents.

5–201.
(c) “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.

If this is a regulated firearm then disregard the above.

 

[Phoenix_1295]

For a "regular" long gun a Father-in-Law is immediate family. He's a parent - as related by marriage.

Of course both seller and buyer must be Maryland residents.

5–201.
(c) “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.

If this is a regulated firearm then disregard the above.

That, actually, does not include an in-law.

Definition: parent from 20 USC § 7801(38) | LII / Legal Information Institute

www.law.cornell.edu

 

[outrider58]

This conversation never took place...

 

[Alea Jacta Est]

Weren’t there three monkeys?

see no
hear no
speak no

 

[IronEye]

The definition i cited defined immediate family member as it applies to a long gun transfer in the state of Maryland. You can't claim that the definition specifically included in the statute does not apply to that statute. Or we can just agree to disagree.

 

[etc1006]

Ok I wasn't sure stinks but understood. Maybe the bans will be overturned soon but until then I'll just have to dream about it.

Yeah, don't hold your breath on anything being reversed. This "gun ban" list (ie. "roster") has been going on since the late 80's...

 

[j634]

That, actually, does not include an in-law.

Definition: parent from 20 USC § 7801(38) | LII / Legal Information Institute

www.law.cornell.edu

But the Father-In-Law's Daughter is eligible.
The OP now has to stay related to the daughter if he wants access to the firearm.

Does this qualify as "golden handcuffs"??

 

[ChannelCat]

What banned firearm?

True gun safety advocates all believe that weapons of war that spray fire 3000 rounds per minute and have large capacity banana clips should all be banned.

 

[teratos]

We are awaiting a decision that may change things.

 

[Mightydog]

Just move out of Marylinistan. Multiple problems solved!