Power of Attorney and transferring guns

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  • Neot

    Ultimate Member
    Mar 11, 2009
    2,394
    South County
    Here's the situation....My uncle was recently placed into a facility for Alzheimer's patients. His condition deteriorated quickly over the past 2 years so there was no way my family could take care of him since they are all getting up there in age and I'm out of state. My uncle gave my mom, aunt, and myself power of attorney while he was still capable mentally. This uncle has a sizable firearms collection with everything from air rifles to German Lugers and AR-10's. My family doesn't want it and would like it gone ASAP so they can sell the house for his medical care.

    Now comes the question portion of my story...Can I bring the guns to Maryland to have a local FFL transfer them to me? I know some of the guns I could have transferred to me by a Pennsylvania FFL such as the bolt action rifles and such. He has left me all of his firearms in his will. I know some of the guns have to wait until he is deceased as they are "evil" guns and on the SB281 list but I'm trying to transfer what I can now vs. waiting until years down the line and having to deal with it.

    Also, can anyone recommend a Maryland attorney that can amend a trust to make it out of Maryland. The trust we have is currently out of Pennsylvania and I'd like to move the items down here.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Non-banned long guns can be transferred by an FFL in the state where the firearms are located.

    Talk to a MD FFL if they will accept you bringing the handguns to them, or whether they will want them shipped from an FFL in the state where they are.
     

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,280
    What kind of trust? Estate trust or firearms trust?

    If estate trust, does it place personal property (firearms) inside or outside of the trust?

    Does your POA allow you to dispose of property?

    I would think if your POA allows you to dispose of property, you can do what you want. Might even be able to try to do the handguns at MSP instead of FFL, if they will play ball with you.

    IANAL.
     

    Neot

    Ultimate Member
    Mar 11, 2009
    2,394
    South County
    What kind of trust? Estate trust or firearms trust?

    If estate trust, does it place personal property (firearms) inside or outside of the trust?

    Does your POA allow you to dispose of property?

    I would think if your POA allows you to dispose of property, you can do what you want. Might even be able to try to do the handguns at MSP instead of FFL, if they will play ball with you.

    IANAL.

    The firearms are not on the firearms trust, only our suppressors. I'm not in a gigantic rush to get that switched over since it can be locked up fairly easily. The gun collection is a different story.

    I'll have to have my mom send me a copy of the POA because I honestly don't remember if it does or doesn't allow us to dispose of property but I'm going to guess and say he gave us that power knowing we were selling the house.

    I can't imagine what it would cost to ship all the guns he has. Literally talking thousands just in shipping if that's the route I'm forced to go.
     

    Neot

    Ultimate Member
    Mar 11, 2009
    2,394
    South County
    Non-banned long guns can be transferred by an FFL in the state where the firearms are located.

    Talk to a MD FFL if they will accept you bringing the handguns to them, or whether they will want them shipped from an FFL in the state where they are.

    Some we plan on just selling up there, some I'll transfer to me there, others will have to get shipped here to transfer and yet others have to wait until he does. What a headache.
     

    engineerbrian

    JMB fan club
    Sep 3, 2010
    10,148
    Fredneck
    Gary from High Rock Outfitters (PA FFL) may be able to help you. He always seems to be buying (or transferring in this case) collections.

    Let me know if you want his cell number
     

    Topher

    Ultimate Member
    MDS Supporter
    Sep 8, 2008
    4,817
    Fredneck
    Check with an FFL but if the person who has Power of Attorney comes with you and the firearms to MD, an FFL or the MDSP should able to do person to person transfer. They would have the legal ability to transfer the firearms. They might have to bring paperwork with them. Typically a good FFL will have more knowledge than the MDSP.

    Just my 2 cents and NOT legal advice.
     

    Neot

    Ultimate Member
    Mar 11, 2009
    2,394
    South County
    Check with an FFL but if the person who has Power of Attorney comes with you and the firearms to MD, an FFL or the MDSP should able to do person to person transfer. They would have the legal ability to transfer the firearms. They might have to bring paperwork with them. Typically a good FFL will have more knowledge than the MDSP.

    Just my 2 cents and NOT legal advice.

    I appreciate it! Thank you!
     

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