Inherited banned firearms

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  • Matt22c

    Member
    May 16, 2021
    10
    Does any one have a contact for an attorney that can help me with inherited firearms. My uncle passed away and I inherited all his firearms. He lived in Arizona where all these Maryland banned guns are legal to own. His Will states that I am the beneficiary of all firearms in his possession at death. My layman view of Maryland law is that I can possess, but I am not sure. I have not received the firearms yet, but they may be in PA or AZ. Waiting on clarity from the executor of the will. There are a few AK’s, bushmaster carbon, and a M1a national match. The Will is dated 2011 and I found a undated list of all long guns that I will inherit.

    I spoke to a few gun shops and they only seem to want to buy them. I asked about specific rules on inheritance and they did not know or want to look into the issue. Only wanted to process the transfer to buy them from me.
     
    Since you were willed the firearms, by name, it is an easier process. Now banned (in MD) firearms purchased by your uncle after 10/1/2013 gets a little trickier and I can't answer that.
    I would hire the services of a MD attorney well versed in 2A law. Brit Stouffer and Ed Hershon are spoken of very highly.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    If he owned any MD banned firearms prior to 10/1/13 and willed them to you then you may bring them into MD. (I do t know whether you are required to notify MD for that)



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    Last edited:

    Matt22c

    Member
    May 16, 2021
    10
    Welcome to MDS, now tell us a little about yourself other than needing a lawyer.

    Live in Harford County. Before a Baltimore County and City (Canton) resident. Got sick of being close to the city after the riots. Move north for schools and piece of mind. Wife and 3 kids. Love not paying for private schools now.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,487
    Crofton
    If he owned any MD banned firearms prior to 10/1/13 and willed them to you then you may bring them into MD. (I do t know whether you are required to notify MD for that)
    If he bought any of them after 10/1/13, you may not bring them to MD


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    The way I read the law he is able to import anything that was legally owned by the person who passed. Since he was in Arizona it would be legal even if the guns are younger than 2013.

    https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-302.html

    4-302
    (5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the
    assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    The way I read the law he is able to import anything that was legally owned by the person who passed. Since he was in Arizona it would be legal even if the guns are younger than 2013.

    https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-302.html

    4-302
    (5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the
    assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;


    Hmmm ok, maybe I’ve got that last part wrong.
    Of course the OP’s best solution is to talk to an attorney who is well versed in MD firearm laws


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    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    He can inherit all of them, no matter when they were bought. The carve-out for inheritance is huge. IIRC, you may even be able to get a named assault pistol that way.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    He can inherit all of them, no matter when they were bought. The carve-out for inheritance is huge. IIRC, you may even be able to get a named assault pistol that way.

    That’s how I understand it.
     

    Matt22c

    Member
    May 16, 2021
    10
    Thanks for the replies. I sent Britt an email and an email to the attorney that is handling my Will. I will let you guys know the outcome.
     

    kingfish

    Active Member
    Jan 15, 2008
    779
    Does the OP have to walk into an FFL with a wheel barrel full of “banned” weapons and do a transfer for each one?
     

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