PA resident gifting guns to MD resident

[usnpao]

Hi all, new to this forum and have a question. My wife's recently deceased PA resident father left behind a variety of firearms - long guns, hand guns, black powder long and hand guns. Her PA resident mother-in law inherited the lot. Does she need to go through an FFL to transfer any of the firearms to her name? Her mother-in law, in turn, has gifted the firearms to my MD resident wife. Which variety of firearms do or do not need to be transfered by FFL? It is my understanding that under both federal and state law, long guns and black powder long guns/handguns do not need to go through an FFL to transfer from PA to MD. However, the handguns (other than black powder) need to be transfered from PA to MD by an FFL. The estate Lawyer is telling us ALL the firearms need to go through the FFL.

[edstephan]

Interstate transfer all except black powder needs to go through FFL, with MD involved black powder may need to go through FFL. Check MD laws..

An OC Activist and 1 of the 3%
Ed Stephan

Hi all, new to this forum and have a question. My wife's recently deceased PA resident father left behind a variety of firearms - long guns, hand guns, black powder long and hand guns. Her PA resident mother-in law inherited the lot. Does she need to go through an FFL to transfer any of the firearms to her name? Her mother-in law, in turn, has gifted the firearms to my MD resident wife. Which variety of firearms do or do not need to be transfered by FFL? It is my understanding that under both federal and state law, long guns and black powder long guns/handguns do not need to go through an FFL to transfer from PA to MD. However, the handguns (other than black powder) need to be transfered from PA to MD by an FFL. The estate Lawyer is telling us ALL the firearms need to go through the FFL.

[tl_3237]

Interstate transfer all except black powder needs to go through FFL, with MD involved black powder may need to go through FFL. Check MD laws..

An OC Activist and 1 of the 3%
Ed Stephan

^^^ correct.

As to the question about transfer into the MIL's name, if she is non-prohibited and she truly inherited the firearms through the estate then NO FFL paperwork is required for the transfer.

[usnpao]

Interstate transfer all except black powder needs to go through FFL, with MD involved black powder may need to go through FFL. Check MD laws..

An OC Activist and 1 of the 3%
Ed Stephan

I truly thought I could legally get the long guns and take them myself from PA to MD as long as they were in the trunk. The PA home is JUST over the MD border, and the Lawyers has us using a MD dealer. Seems stupid. The MD dealer intends to get the guns from my PA home,. transport them to him store in MD, do the paperwork, then give me the guns after the required waiting period. But there is no waiting period for long guns... so confusing...

[Big Kahuna 19547]

Just went through this when I gifted my father in law a rifle and pistol.
I live in Pa, he lives in MD. Both had to go through an FFL. He got to take the rifle as soon as he completed the paperwork, and then had to wait on the handgun.

[tl_3237]

I truly thought I could legally get the long guns and take them myself from PA to MD as long as they were in the trunk. The PA home is JUST over the MD border, and the Lawyers has us using a MD dealer. Seems stupid. The MD dealer intends to get the guns from my PA home,. transport them to him store in MD, do the paperwork, then give me the guns after the required waiting period. But there is no waiting period for long guns... so confusing...

You cannot take possession of the fixed cartridge firearms in Pa from a private party nor can you subsequently bring them from Pa into MD (ref 18 USC 922(a)(3) and (5)). Longarms could be transferred to you at a PA FFL and this would then allow you to take them directly home to MD with no further FFL action.

The current Pa owner (MIL) of the firearms CAN transport the firearms from her Pa residence directly to the MD FFL for final transfer.

[usnpao]

ok... So follow-on questions. If my PA resident father-in-law bequested the firearms to my MD resident wife (who also happens to be the executor), does she need to start with a PA FFL to transfer the lot to a MD FFL and onward to her, or can we use a MD FFL (as the estate lawyer is directing) to transfer the firearms to my wife? The pain part is that my FIL lived right at the PA/MD border. So the home is in PA, but the closest gun dealers are all in MD right down the block. Sorry for being so ignorant about this but I want to ensure we are being directed properly by the lawayer and we legally transfer the weapons.

[tl_3237]

Hi all, new to this forum and have a question. My wife's recently deceased PA resident father left behind a variety of firearms - long guns, hand guns, black powder long and hand guns. Her PA resident mother-in law inherited the lot. Does she need to go through an FFL to transfer any of the firearms to her name? Her mother-in law, in turn, has gifted the firearms to my MD resident wife. Which variety of firearms do or do not need to be transfered by FFL? It is my understanding that under both federal and state law, long guns and black powder long guns/handguns do not need to go through an FFL to transfer from PA to MD. However, the handguns (other than black powder) need to be transfered from PA to MD by an FFL. The estate Lawyer is telling us ALL the firearms need to go through the FFL.

ok... So follow-on questions. If my PA resident father-in-law bequested the firearms to my MD resident wife (who also happens to be the executor), does she need to start with a PA FFL to transfer the lot to a MD FFL and onward to her, or can we use a MD FFL (as the estate lawyer is directing) to transfer the firearms to my wife? The pain part is that my FIL lived right at the PA/MD border. So the home is in PA, but the closest gun dealers are all in MD right down the block. Sorry for being so ignorant about this but I want to ensure we are being directed properly by the lawayer and we legally transfer the weapons.

You are contradicting yourself - who inherited the firearms???

Where are the firearms physically located?

In whose possession are the current firearms?

Are all the firearms MD legal?

[Grey Bearded One]

ok... So follow-on questions. If my PA resident father-in-law bequested the firearms to my MD resident wife (who also happens to be the executor).

A bequest or intestate inheritance of firearms DOES NOT require the involvement of an FFL at either end, that's true for Federal, Pennsylvania and Maryland law.

It's pretty simple and is laid out in black and white in the law. If your lawyer can't read that part . . . I don't know what to suggest. The dealer is just trying to get money out of the deal.

[sigsauer357]

How does this work with the one gun a month bs in MD?