Intersate/intrastate gun transaction involving inheritence.

[pakman916]

I'm sure this question has been asked a million times in various ways, but trying to piece bits and pieces together of gun laws are confusing...so please be nice. I'm going to leave specifics out, but you can get the jist.

I have a friend that is a MD resident. He is currently in Florida for the passing of a close relative. The relative had a large firearm and knife collection. The friend would like to liquidate the collection and would be willing to bring them all back with him when he returns to MD. He then plans to sell them here.

So here are my questions:

1) The estate was given to the next of kin being the widow. That means all of the guns. Can she then pass on the firearms to the nephew without extra paperwork? (clearly a Florida question).

2) Is there an issue with traveling across state lines back to MD with a car full of guns and knives?

3) When he gets back to MD, does he need to register the regulated firearms with the state?

4) Is there an easier way for him to sell these guns to a MD resident without jumping through so many hoops? I guess he could just go through an FFL?

5) Are the knives of any concern? My guess is "no".

Thanks in advance.

 

[boricuamaximus]

1) The widow will have to transfer the firearms to whoever is going to sell them. If the person is an out of state resident, it will have to go through an FFL.
**I think the rules are different if it's a son/daughter. Not sure on this though**
2) No issue. All guns must be in a locked container and the ammo has to be in a separate compartment of the vehicle.
3) Registration is voluntary. Make sure that the gun is legal to own in MD. No Dracos, MAC11 etc. aka assault pistols.
4) All handguns have to go through an FFL. Long guns that are not regulated can be face to face but make sure you look online to make sure that they are legal to own and are not regulated. You can get the info from the msp firearms section.
http://icac.mdsp.org/downloads/downloads_intro.asp

5) Dont worry about the knives.

I am not a lawyer, so always check if you have question and get it from the AG's office or State Police.

Here's a quick and dirty for FOPA when you travel across state lines. http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

Here's a good thread for FOPA. http://www.mdshooters.com/showthread.php?t=55931

 

[Andras]

Handguns and regulated firearms must, rpt MUST be transferred in the state of MD by a regulated firearms dealer. The widow must ship the firearm to a MD regulated firearms dealer for the transfer to take place.

Longarm transfers between residents of different states must be transferred by a FFL at all times.

1) no, federal law prohibits
2) beside breaking federal law to take possession
3) All regulated firearms must have a form 77R filed with in 5 days of taking possession via inheritance, however, this is not possible as described, and so must be transferred via a MD FFL.
4) In addition to an FFL, regulated firearms may be transferred at a MSP barracks.



If the decedent left the guns directly to a resident of another state, that person can take possession immediately via Federal law. Once returned to MD, the person must file a form 77R with the state police within 5 days for any regulated firearms.

 

[Lex Armarum]

I'm sure this question has been asked a million times in various ways, but trying to piece bits and pieces together of gun laws are confusing...so please be nice. I'm going to leave specifics out, but you can get the jist.

I have a friend that is a MD resident. He is currently in Florida for the passing of a close relative. The relative had a large firearm and knife collection. The friend would like to liquidate the collection and would be willing to bring them all back with him when he returns to MD. He then plans to sell them here.

So here are my questions:

1) The estate was given to the next of kin being the widow. That means all of the guns. Can she then pass on the firearms to the nephew without extra paperwork? (clearly a Florida question).

2) Is there an issue with traveling across state lines back to MD with a car full of guns and knives?

3) When he gets back to MD, does he need to register the regulated firearms with the state?

4) Is there an easier way for him to sell these guns to a MD resident without jumping through so many hoops? I guess he could just go through an FFL?

5) Are the knives of any concern? My guess is "no".

Thanks in advance.

A. Your friend should consult a FL attorney;
B. Your friend should consult an attorney who knows something about federal firearms laws;
C. You should not take legal advice from the internet.

 

[Eddie Van]

1) The widow will have to transfer the firearms to whoever is going to sell them. If the person is an out of state resident, it will have to go through an FFL.
**I think the rules are different if it's a son/daughter. Not sure on this though**
2) No issue. All guns must be in a locked container and the ammo has to be in a separate compartment of the vehicle.
3) Registration is voluntary. Make sure that the gun is legal to own in MD. No Dracos, MAC11 etc. aka assault pistols.
4) All handguns have to go through an FFL. Long guns that are not regulated can be face to face but make sure you look online to make sure that they are legal to own and are not regulated. You can get the info from the msp firearms section.
http://icac.mdsp.org/downloads/downloads_intro.asp

5) Dont worry about the knives.

I am not a lawyer, so always check if you have question and get it from the AG's office or State Police.

.....]

This...

A. Your friend should consult a FL attorney;
B. Your friend should consult an attorney who knows something about federal firearms laws;
C. You should not take legal advice from the internet.

...and this. Boricua covered it and the attorney (Rusty) nailed it.