Handgun transfer question.

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  • Fishguy

    Ultimate Member
    Jun 30, 2009
    5,080
    Montgomery County
    After reading through older threads, I believe I have come upon the proper answer to my question, but I wanted to post my specific circumstances and see if everyone comes to same conclusion.

    My aunt has a Ruger Blackhawk in .30 carbine that she inherited from her husband (my uncle) when he passed a couple of years ago. She and the gun are already in Maryland. I am not sure how old the gun is or how long it has been in Maryland, but my best guess is that is was made in the 70's and has been in Maryland since about that long. To my knowlege, the gun has never been registered in Maryland as this is voluntary.

    My understanding is as long as the gun was already in Maryland, there was nothing she needed to do to inherit the gun, so it is legal as of this moment. If she were to sell this gun to a family member who also resides in Maryland, a standard transfer done at the MSP barracks or an FFL should be all that is required, correct?

    Just wanted to be sure before possibly opening a can of worms. Thanks, any advice you guys have is greatly appreciated.
     

    Fishguy

    Ultimate Member
    Jun 30, 2009
    5,080
    Montgomery County
    Yep,

    Also if the handgun was made before 1985, it doesn't need to be on the handgun roster either.

    I'm not positive that it is that old, but for the sake of argument, if for some reason it was made after 1985, being that it is a Ruger Blackhawk in .30 Carbine, does this pose a problem?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,687
    SoMD / West PA
    These models are on the approved handgun roster (look for Sturm Ruger):

    • New Mod Blkhwk
    • KBN3275
    • .30 CARB, .32-20/32, .357 MAG, .327 Fed Mag


    • New Model Blackhawk
    • BN-31L, BN-34L, BN-34XL, BN-36L, BN-36XL, BN-41L, BN-42L, BN-44XL, BN-44L, BN-455L, BN-455XL, BN-45L, BN45-XL
    • .30 Carbine, .357, .357/9mm, .41, 45LC, .45LC/.45ACP
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    Well, the New Model Blackhawk is on the approved list. The New Model came out in '73 so you should be OK.

    Now I don't have the exact state rules in front of me, but I thought if you inherited a handgun you had to fill out a MD Regulated Firearms form and notify MSP. If you have found data that is different, great.
     

    Fishguy

    Ultimate Member
    Jun 30, 2009
    5,080
    Montgomery County
    Well, the New Model Blackhawk is on the approved list. The New Model came out in '73 so you should be OK.

    Now I don't have the exact state rules in front of me, but I thought if you inherited a handgun you had to fill out a MD Regulated Firearms form and notify MSP. If you have found data that is different, great.

    See, there is my problem, I want to make sure that she is in legal posession first. My understanding was that as long as the gun was already in Maryland at the time of inheritance, it was ok since it did not need to be transferred into the state. Am I wrong?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,687
    SoMD / West PA
    See, there is my problem, I want to make sure that she is in legal posession first. My understanding was that as long as the gun was already in Maryland at the time of inheritance, it was ok since it did not need to be transferred into the state. Am I wrong?

    She is the legal owner. In Marriage each party has 100% ownership. Now when your aunt distributes the estate, say giving you a handgun, that's when the paperwork needs to happen with the MSP.

    Just went through this with a coworker, she lost her husband during surgery about a year ago, and had a couple of handguns.
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    Sorry, I missed where it was a married couple. I thought it was brother and sister, being your aunt and uncle.
     

    lawrencewendall

    Been There, Done That
    Oct 10, 2009
    1,748
    She is the legal owner. In Marriage each party has 100% ownership. Now when your aunt distributes the estate, say giving you a handgun, that's when the paperwork needs to happen with the MSP.

    Just went through this with a coworker, she lost her husband during surgery about a year ago, and had a couple of handguns.

    Can I acquire a regulated firearm through inheritance?
    Yes, provided the heir completes an application for the purchase or transfer of a regulated firearm and forwards it to the Secretary of the Maryland State Police.

    Can the transfer of a regulated firearm be conducted between two family members?
    Yes, this type of transaction is considered a gift. The law stipulates, if the regulated firearm is a gift to the purchaser’s, spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
    (1) Complete an application to purchase or transfer a regulated firearm; and
    (2) Forward the application to the Secretary of the State Police within 5 days after receipt of the regulated firearm.

    From: http://www.mdgunsafety.com/mspfaq.htm

    I know it's not authoritative but he pulled it from somewhere.

    Is this outdated or accurate? Others here pour through the law more than I do (which I don't)
     

    04RWon

    Ultimate Member
    Feb 13, 2010
    5,178
    Orlando, FL
    I know my father inherited pistols(made and bought in early 70's) from my grandfather(from North Carolina) and they werent registered, he sold them to a FFL and thats when they became registered.
     

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