Gun inheritance issues and a few other questions

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  • LargemouthAss

    Active Member
    Dec 27, 2012
    663
    First Question: I am hoping for some help. My Father has 5-6 guns that belonged to his Father, including a war bring-back Luger, who died back in 2000. None of these guns would qualify as regulated (with the exception of the Luger as it is a handgun), the rest are bolt action rifles from the 60's that were used for hunting. My Grandfather did not put the guns in his will but my Father's three siblings had no desire to keep them so they ended up in my Dad's rack. My Dad served as a Marine if that makes any difference. Does he legally own these guns? Could he sell them or pass them on to myself legally? I am currently waiting on my C&R application to be approved and I don't know if I need to put these guns (at least the ones that qualify as curios and relics) in my bound book.

    Second Question: My Father also has a Japanese bolt action rifle that he assumes was a WWII bring-back. My Father found it in the 50's sticking out of a trash can in his neighborhood when he was 10 years old (some wife must have wanted her husband to clear out all his old war souvenirs). My Dad refinished the gun that summer as it was in very rough shape and then in ended up in his gun rack where it still sits. Is there any way for him to get legal ownership of this gun?

    Third Question: my parents have a 65 acre farm in Virginia where they spend at least three days a week, the rest of their week is spent in the People's Republic of Montgomery County; can my Dad legally keep any of his guns there? I know he has some guns that he bought and did all the paperwork for in Maryland including an Enfield and a .22 Colt Woodsman and he currently has them at the farm. Recently some target structures were built on the farm that create a nice range with a good backstop and my Dad loves to pop off rounds at the end of the day. Is their any paperwork he needs to fill out? He is still a Maryland resident.

    Finally: I am in the process of buying a Ruger Mini 14 factory folder which is a regulated gun in Maryland. Once all the paperwork clears and I have the gun can I drive with it to the farm to shoot? I have seen that keeping the gun unloaded in a locked case with ammo seperate is the best way to drive with a gun but I was unsure if a regulated firearm could be brought accross state lines without actually going to a range.
     

    Mooseman

    R.I.P.- Hooligan #4
    Jan 3, 2012
    18,048
    Western Maryland
    Q1.The guns are your fathers. These long guns do not need a paper trail for ownership transfer. The Luger would have to be transfered by the estate to your father unless it was given to your father before the mid 80's.
    Q2.This gun belongs to your father.
    Q3.Your father can keep any of the guns you have mentioned, that he legally owns, at his place in Virginia. No paper work required. I would make sure they are locked up good and secure so if there is a break in when he is not there his guns will be safe.
    Q4.Yes, as long as you follow all transportation laws, you can take your guns with you. You are going to your fathers private range.
    I am not a lawyer, but this is the way I see things.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,463
    Hanover, PA
    I don't know about inheritance laws but my parents own some property in VA that I wanted to shoot on one day. VA as a state does not have any restrictions on shooting on private property. Some counties and municipalities have restrictions. For example Luray Va does not permit any shooting within city limits but Page County has none but a noise ordinance.

    I ended up calling the local sheriff and spoke with a deputy who said it was fine as long as we were safe and not doing it after dark (due to noise).
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,493
    Crofton
    Q1.The guns are your fathers. These long guns do not need a paper trail for ownership transfer. The Luger would have to be transfered by the estate to your father unless it was given to your father before the mid 80's.
    Q2.This gun belongs to your father.
    Q3.Your father can keep any of the guns you have mentioned, that he legally owns, at his place in Virginia. No paper work required. I would make sure they are locked up good and secure so if there is a break in when he is not there his guns will be safe.
    Q4.Yes, as long as you follow all transportation laws, you can take your guns with you. You are going to your fathers private range.
    I am not a lawyer, but this is the way I see things.

    :thumbsup:


    1. If you acquire the C&R guns after you have a license you should log them in your book. You wouldn't need to if you acquired them before you are a licensee.

    4.That's a good way to safely transport the firearms. Just a note, as I read it,the restrictions for transporting handguns applies only to handguns and SBS, SBRs, and not necessarily to all regulated firearms. Since the mini14 is regulated but not a handgun, the restrictions would not apply.
     

    Mooseman

    R.I.P.- Hooligan #4
    Jan 3, 2012
    18,048
    Western Maryland
    I forgot to mention, to the best of my knowledge, if you did not buy the guns using your C&R license, those guns do not need to be listed in your bound book.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    I forgot to mention, to the best of my knowledge, if you did not buy the guns using your C&R license, those guns do not need to be listed in your bound book.
    That is not how I understand it. Once you've got your FFL03, all C&R-qualifying purchases would need to be logged... but not the ones before you got your FFL03, obviously.
     

    Mooseman

    R.I.P.- Hooligan #4
    Jan 3, 2012
    18,048
    Western Maryland
    That is not how I understand it. Once you've got your FFL03, all C&R-qualifying purchases would need to be logged... but not the ones before you got your FFL03, obviously.

    You may be right. I am not a lawyer or an expert. That is why I said to the best of my knowledge.
     

    Andras

    Active Member
    Aug 12, 2008
    583
    Charles Co.
    If you ever inherit the Luger while you are a MD resident you just need to fill out form 77R and send it in within 5 days. There is no fee. Your dad should have done this, but so much time has passed I wouldn't worry about it. He can also gift it to you at any point by filing a form77R within 5 days, no fee and no wait.

    You do not need to lock up the Mini to take it to VA. MD allows long ams to be freely transported (in general) so you do not need to bother with FOPA requirements.
     

    OnTarget

    Ultimate Member
    Mar 29, 2009
    3,154
    WV
    General question: Husband and wife situation. If the husband dies (he being the gun owner), and there is a will leaving everything to the wife (specific items not named), then does the wife legally inherit the firearms? Any other paperwork to be generated (in WV)?
     

    clay_shooter

    Banned
    BANNED!!!
    Nov 27, 2011
    452
    MoCo
    Does anyone know the gift rules from a parent in MD to a child in VA for a handgun?

    I've thought about loaning to the child on a visit but don't know if that's any issue.
     

    Andras

    Active Member
    Aug 12, 2008
    583
    Charles Co.
    Does anyone know the gift rules from a parent in MD to a child in VA for a handgun?

    I've thought about loaning to the child on a visit but don't know if that's any issue.



    Interstate transfer goes through an FFL, gift or not.

    You can take it with you and transfer it at a VA FFL.


    General question: Husband and wife situation. If the husband dies (he being the gun owner), and there is a will leaving everything to the wife (specific items not named), then does the wife legally inherit the firearms? Any other paperwork to be generated (in WV)?

    They are all hers w no federal paper work needed. GCA68. WV may have rules of its own.
     

    chucks

    Active Member
    Sep 30, 2010
    120
    What about that husband-wife situation in Maryland? I know someone in that exact situation and she doesn't know if she needs to do something or not to be legal. She now has both unregulated and regulated guns all of which her husband bought before they married.
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,289
    yes you have to put all the C&R guns in your book whether you used the license or not to buy them

    I know it's BS, I know it makes no sense, but seems to be the way it is
     

    Andras

    Active Member
    Aug 12, 2008
    583
    Charles Co.
    What about that husband-wife situation in Maryland? I know someone in that exact situation and she doesn't know if she needs to do something or not to be legal. She now has both unregulated and regulated guns all of which her husband bought before they married.

    Federally, she has title to the guns no problem.

    Marylandly, she 'needs' to fill out 77Rs for the regulated guns.

    Honestly, I probably wouldn't worry about it, community property, etc.
    Call the MDSP Firearms branch and ask if a wife needs to fill out 77Rs after her husband passes.

    Licensing Division
    1111 Reisterstown Road
    Pikesville, MD 21208
    Phone: 410-653-4500
    Fax: 410-653-5441
    E-Mail: msp.Licensing@maryland.gov
     

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