ddeanjohnson
autodidact
- Aug 21, 2010
- 801
transferring inherited pistol, etc.
If your AR-15 was legally purchased, and you say it was, then you can keep it and you can transport it as you did before after the new law goes into effect on October 1, 2013. However, after October 1, 2013, you would only be able to sell it out of state, to a Federal Firearms License-holding dealer or to a private individual with transfer through an FFL dealer.
On the handgun, state law does require that you transfer the firearm through the state system, but it is pretty easy to do. Do not worry if you did not do it immediately after your grandfather died, but you should do it now. Current law, Public Safety Article §5-102, waives various provisions of the usual state transfer process, including the seven-day waiting period, for "the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm." By doing this now, you will simplify matters considerably if you ever wish to buy another handgun in the future, after October 1.
So here is the procedure to transfer grandpa's pistol: (1) You must have obtained a certificate of completion of the state safety course before you acquired the AR-15. Take the certificate with you, or at least the certificate number. For someone who is acquiring their first regulated firearm, they must take the state's on-line safety training course here (it is free), and print out the certificate showing completion. It takes about 30 minutes. (2) Call the nearest Maryland State Police barracks and make an appointment to come in and "register a handgun I inherited from my grandfather." (3) Find the location of the serial number on the handgun, and write it down. (4) Make sure the handgun is unloaded, both chamber and magazine -- this is important to avoid arrest. Put it in a completely enclosed case or box of some kind. It's a good idea to put the case or box in the trunk of the car, although not strictly required. (5) Take your safety certificate and serial number, and go to the MSP barracks. Leave the gun in the car when you go into the barracks to fill out the transfer application form, which is form 77R. Do not take the gun into the barracks unless asked to do so. After you've filled out the form, a trooper will come with you to the car to examine the gun and confirm the serial number. That's it -- there is no fee. You'll get a copy of the 77R -- hold on to it.
Before you go in, try to figure out if your pistol was made before 1985, because the form asks that question. If it was made in 1985 or later, it is no problem -- the model is on the Maryland Handgun Roster, so answer "yes" to that question. You don't have to worry about an "integrated" lock because this is not a dealer sale, and anyway the pistol was very likely made before 2003.
All of what is above is based on the working assumption that you are not disqualified under state law from possessing a regulated firearm. Check the statute below. If you are disqualified, consult an attorney on how to proceed to divest yourself of both firearms without legal complications.
Md. PUBLIC SAFETY Code Ann. § 5-133 (2012)
§ 5-133. Restrictions on possession of regulated firearms
(b) Possession of regulated firearm prohibited. -- A person may not possess a regulated firearm if the person:
(1) has been convicted of a disqualifying crime;
(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard;
(5) is addicted to a controlled dangerous substance or is a habitual user;
(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(7) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(8) except as provided in subsection (e) of this section, is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
(9) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
(c) Penalty for possession by person convicted of crime of violence. --
(1) A person may not possess a regulated firearm if the person was previously convicted of:
(i) a crime of violence;
(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article; or
(iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.
If your AR-15 was legally purchased, and you say it was, then you can keep it and you can transport it as you did before after the new law goes into effect on October 1, 2013. However, after October 1, 2013, you would only be able to sell it out of state, to a Federal Firearms License-holding dealer or to a private individual with transfer through an FFL dealer.
On the handgun, state law does require that you transfer the firearm through the state system, but it is pretty easy to do. Do not worry if you did not do it immediately after your grandfather died, but you should do it now. Current law, Public Safety Article §5-102, waives various provisions of the usual state transfer process, including the seven-day waiting period, for "the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm." By doing this now, you will simplify matters considerably if you ever wish to buy another handgun in the future, after October 1.
So here is the procedure to transfer grandpa's pistol: (1) You must have obtained a certificate of completion of the state safety course before you acquired the AR-15. Take the certificate with you, or at least the certificate number. For someone who is acquiring their first regulated firearm, they must take the state's on-line safety training course here (it is free), and print out the certificate showing completion. It takes about 30 minutes. (2) Call the nearest Maryland State Police barracks and make an appointment to come in and "register a handgun I inherited from my grandfather." (3) Find the location of the serial number on the handgun, and write it down. (4) Make sure the handgun is unloaded, both chamber and magazine -- this is important to avoid arrest. Put it in a completely enclosed case or box of some kind. It's a good idea to put the case or box in the trunk of the car, although not strictly required. (5) Take your safety certificate and serial number, and go to the MSP barracks. Leave the gun in the car when you go into the barracks to fill out the transfer application form, which is form 77R. Do not take the gun into the barracks unless asked to do so. After you've filled out the form, a trooper will come with you to the car to examine the gun and confirm the serial number. That's it -- there is no fee. You'll get a copy of the 77R -- hold on to it.
Before you go in, try to figure out if your pistol was made before 1985, because the form asks that question. If it was made in 1985 or later, it is no problem -- the model is on the Maryland Handgun Roster, so answer "yes" to that question. You don't have to worry about an "integrated" lock because this is not a dealer sale, and anyway the pistol was very likely made before 2003.
All of what is above is based on the working assumption that you are not disqualified under state law from possessing a regulated firearm. Check the statute below. If you are disqualified, consult an attorney on how to proceed to divest yourself of both firearms without legal complications.
Md. PUBLIC SAFETY Code Ann. § 5-133 (2012)
§ 5-133. Restrictions on possession of regulated firearms
(b) Possession of regulated firearm prohibited. -- A person may not possess a regulated firearm if the person:
(1) has been convicted of a disqualifying crime;
(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard;
(5) is addicted to a controlled dangerous substance or is a habitual user;
(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(7) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(8) except as provided in subsection (e) of this section, is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
(9) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
(c) Penalty for possession by person convicted of crime of violence. --
(1) A person may not possess a regulated firearm if the person was previously convicted of:
(i) a crime of violence;
(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article; or
(iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.
