Handgun that is Out of State Transfer Question

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • ahlsiobryer

    Member
    Jan 20, 2020
    2
    Baltimore
    I want to start this with that none of anything said will be taken as legal advice, I am going to see a lawyer about this, I was just hoping to get a head start with information and possible suggestions.

    Background: My girlfriend inheritted a rifle and a handgun from a relative out in Wisconsin. They are holding onto it until she can recieve it. She does not want to keep the handgun and would like to get rid of it, I have offered to take it as I have my HQL and its a nice piece and she is more than ok with this. She does not have any previous firearms certifications, licenses, or trainings.

    Question: What is the best scenario to transfer her handgun to me? Would it be for myself to file with the MSP with the 77R and then go out and bring it back after everything is approved back home? I guess my main worry and question is can she sell or transfer a handgun if she doesn't have an HQL and doesn't want to get one? Or would going on a trip to Wisconsin and transferring it there in that state and then bringing it home be better?

    Any information would be very much appreciated and I will be consulting with a lawyer later and bringing up possible avenues that I think of once there.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    Did she inherit it due to death of a family member or was it simply gifted to her? I don’t know the laws in Wisconsin and not sure if they come into play regarding her getting the gun.
    Having said that, is she a resident of MD now?
    If she is (and she has acquired the gun legally) then she doesn’t need an HQL to sell/transfer one.
    AFAIK, she would need to sell it to you. If you’re both residents of MD, this can be done at a local MSP barracks.


    Sent from my iPhone using Tapatalk
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Form ATF:

    To whom may an unlicensed person transfer firearms under the GCA?
    A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

    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 transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

    A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. 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.

    A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    So Federal law allows them to be sent to her.

    What I would think is best is to have them sent to an MD FFL. And just have the handgun transferred to you. And the long gun transferred to you.
     

    ahlsiobryer

    Member
    Jan 20, 2020
    2
    Baltimore
    Form ATF:



    So Federal law allows them to be sent to her.

    What I would think is best is to have them sent to an MD FFL. And just have the handgun transferred to you. And the long gun transferred to you.

    I was wondering if sending them to an FFL would also be needed. That is good to know.

    Did she inherit it due to death of a family member or was it simply gifted to her? I don’t know the laws in Wisconsin and not sure if they come into play regarding her getting the gun.
    Having said that, is she a resident of MD now?
    If she is (and she has acquired the gun legally) then she doesn’t need an HQL to sell/transfer one.
    AFAIK, she would need to sell it to you. If you’re both residents of MD, this can be done at a local MSP barracks.


    Sent from my iPhone using Tapatalk

    She inherritted them due to the death of a family member, and all parties now involved are residents of Maryland, the guns are just currently being held by a family member in Wisconsin until the logistics are sorted out.

    Thank you both for responding so quickly and informatively.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I was wondering if sending them to an FFL would also be needed. That is good to know.



    She inherritted them due to the death of a family member, and all parties now involved are residents of Maryland, the guns are just currently being held by a family member in Wisconsin until the logistics are sorted out.

    Thank you both for responding so quickly and informatively.

    IF she is getting the handgun by inheritance, then she MUST forward to the MSP a completed application to purchase or transfer that regulated firearm. See MD Code, Public Safety, § 5-102. She can do that at a MSP barracks or at a FFL. Only after that is completed can she then transfer the handgun to you by going through the SAME procedure except you are the purchaser from her.
     

    Attachments

    • 5-102 Scope of subtitle inheritance..pdf
      107.7 KB · Views: 104

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    IF she is getting the handgun by inheritance, then she MUST forward to the MSP a completed application to purchase or transfer that regulated firearm. See MD Code, Public Safety, § 5-102. She can do that at a MSP barracks or at a FFL. Only after that is completed can she then transfer the handgun to you by going through the SAME procedure except you are the purchaser from her.

    Thanks.

    I was only referencing Federal laws.

    That is why I suggested to ship it to an MD FFL and do the transfer through them.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,918
    Messages
    7,258,733
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom