Out of State Handgun Inheritence Questions

[pdwkmanf]

I know that a HQL isn't needed for inheritance and that one just needs to send off a 77r to be legally in the clear.

What information is required to prove it's an inheritance? 77r doesn't list anything; if it did, I missed it.

If the handgun were to be from an estate in California, New Jersey, or another "fun" state and unregistered, would that prohibit the inheritance or otherwise cause problems?

Does one have to go to MSP to register or can it be done though an FFL?

 

[dblas]

I know that a HQL isn't needed for inheritance and that one just needs to send off a 77r to be legally in the clear.

So far so good, and welcome to the forums.

What information is required to prove it's an inheritance? 77r doesn't list anything; if it did, I missed it.

Noting in the past that I am aware of, but perhaps a motorized letter from the executor of the estate would be a good idea.

If the handgun were to be from an estate in California, New Jersey, or another "fun" state and unregistered, would that prohibit the inheritance or otherwise cause problems?

It gets registered on the 77R

Does one have to go to MSP to register or can it be done though an FFL?

If it is from out of state, you must go through an FFL.

 

[NateIU10]

Federal law allows for the taking of a firearm via inheritence without the use of an FFL. Once you take possession of the firearm, you send in a 77r. There is no need to involve an FFL or even go to the barracks.

 

[NateIU10]

There is no proof required. Just send in the 77r as a voluntary registration with the firearm information.

 

[Pinecone]

From BATF:

2. May I lawfully transfer a firearm to a friend who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

 

[dblas]

Thank you for the assist gentlemen.

 

[pdwkmanf]

Thanks for the responses!

 

[NY Transplant]

What I find interesting is the legal definition of decedent does not imply a relative -

http://legal-dictionary.thefreedictionary.com/decedent

so if I inherit a firearm from someone that I am not related to, does 18 U.S.C. 922(a)(5) apply?

 

[Pinecone]

IANAL, but it seems so.

Interesting, the language in SB281 also seems to not require a relative or in state.

(5) the receipt of an assault [pistol] WEAPON or detachable magazine by inheritance, AND POSSESSION OF THE INHERITED ASSAULT WEAPON OR DETACHABLE MAGAZINE, if the decedent lawfully possessed the assault [pistol] WEAPON OR DETACHABLE MAGAZINE AND THE PERSON INHERITING THE ASSAULT WEAPON OR DETACHABLE MAGAZINE IS NOT OTHERWISE DISQUALIFIED FROM POSSESSING A REGULATED FIREARM;

So it seems that if someone legally purchased a firearm that is banned in MD, after Oct 1, 2013, then willed it to someone in MD, that the MD resident could receive it, if not otherwise prohibited.

However, having a person near death, buying a firearm to be transferred to you upon their death, would probably be considered a straw purchase.

 

[Blaster229]

It says through a "will". I would try to clarify if it had to specifically be named in an actual will.