Passing on long guns and pistols

[TheGreatWazoo]

Hello

Question for everyone. What does the law state regarding passing on my long guns and pistols (including ARs) to my wife or daughter?

 

[adit]

Define "passing on".

 

[BigDaddy]

Define "passing on".

If that includes yourself going to the pearly gates, mostly it's all OK even post 10/13 banned weapons. I'm not sure about previously banned weapons, like Uzi's.

Technically, you cannot leave everything to your wife with the understanding that she can distribute banned weapons to your other heirs before she passes.

You hit a nerve, because I am dealing with an elderly mom with dementia, who can no longer live alone. No firearms involved but I found receipts for $2000 worth of savings bonds and I don't know where they are (no serial # on the receipt) I can find every renewal notice for every magazine she subscribed to for the last 10 year, plus bundles of those cards to subscribe that are loose in every magazine, but I can't find but many of her bank statements from the last 5 years. I have them all for the late 1980's though.

Financial information with account numbers is mixed in with recipes, newspaper clipping, letters and a huge amount of junk mail or things that did not merit saving.

Her wallet has multiple insurance and pharmacy cards, all with different member or group numbers.

We were falsely under the impression that she and I had a joint checking account but as it was a trust, and I was not actually a trustee until her demise, and I had no access to those funds. A power of attorney doesn't cut it for a trust. Fortunately we visited her estate lawyer a year ago and straightened some of those things out.

Then there are things like cable tv, phone, credit card. Because you could be an a-hole neighbor, they want some proof that you have a right to cancel the service or change the billing address.

That's not the worst of it. You have a mom with Alzheimers that doesn't remember that she doesn't remember so she thinks you are a tyrant.

I didn't mean to hijack your thread, but this is equally important. There are many previous threads on inheriting guns and how to register the ones that need registered.

Someone will also chime in and say "don't you remember you gave them to your daughter in Sept 2013.

 

[drking2]

I've been wondering about this myself, I have been giving a lot of thought about this.

 

[protegeV]

I usually have a hard time passing on a handgun or long gun. Especially if its a good deal

 

[Andras]

It's treated as a gift under the Straw Purchases section of the legal code:

§ 5-136. Straw purchases

(a) Scope of section. --

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

 

[Bald Fat Guy]

Still comes down to what the OP means by "Passing on" .

If you refer to after you are dead, then yes it can be done. It would be wise to specify the individual firearms and specific recipients. Consult your 2A friendly lawyer who deals with estate planning, there are several on this board.

If you refer to giving them as gifts while you are still alive, then they would be normal transfers. Non-Evil long guns face to face to non-prohibited person 18yo and up. Handguns must follow FSA2013 protocols and go thru FFL or MSP. Banned EBR's ( ie any pre Oct13 non-HBAR AR-15, etc) can't happen while you are alive, you have to die first.

Opps , I presupposed that your intended recipients are Md residents. If they instead reside in Free America, you may give them as gifts whenever you wish. As with all interstate transfers, must go through an FFL.