Pennsylvania Firearm Owners Association
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  1. #1
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    Default Recovering a handgun from MD

    Hello,

    I'm looking for some assistance in retrieving a handgun from another state. A relative of mine, a PA resident and LTCF holder, was involved in a vehicle accident in MD. Tragically, he did not survive the accident. The deceased had a loaded handgun in the vehicle with him but did not possess a MD CCW license. The MD State Police currently have possession of the handgun.

    His mother, who is the executor for his estate and a PA resident, is attempting to retrieve his belongings. The police have stated that they can't give the handgun to her since it isn't "registered in her name." Of course, PA doesn't officially have a registration scheme, although maintenance of sales records essentially amount to one.

    We intend to argue that per Title 18, Section 6111.4, PA doesn't have a registration program. Furthermore, Section 6111(a) exempts transfers between parent and child from the "on FFL premises" transfer requirement. And lastly, intestate transfers across state lines are exempt from federal laws requiring passage through an FFL.

    Are there other angles we could or should use? One fly in the ointment is that the loaded handgun should not have been in MD to begin with. However, I don't know if that gives the police authorization to keep property recovered at the scene of the accident.

    Thanks in advance for the help.

  2. #2
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    Default Re: Recovering a handgun from MD

    I can not help, hopefully others here can. I can offer another source that may also help. It's a forum similar to this one only for Maryland.

    Good luck.

    https://www.mdshooters.com/

  3. #3
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    Default Re: Recovering a handgun from MD

    The deceased driver was in violation of MD law since MD does not have a reciprocal relationship with PA. If the driver had survived his gun would have been confiscated and not returned. I don't think there is chance that the estate gets possession of the gun.

  4. #4
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    Default Re: Recovering a handgun from MD

    Quote Originally Posted by internet troll View Post
    I can not help, hopefully others here can. I can offer another source that may also help. It's a forum similar to this one only for Maryland.

    Good luck.

    https://www.mdshooters.com/

    Thank you. I just posted an inquiry over there, too.

  5. #5
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    Default Re: Recovering a handgun from MD

    Quote Originally Posted by allenr View Post
    The deceased driver was in violation of MD law since MD does not have a reciprocal relationship with PA. If the driver had survived his gun would have been confiscated and not returned. I don't think there is chance that the estate gets possession of the gun.
    That's what I fear...

  6. #6
    Join Date
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Recovering a handgun from MD

    Quote Originally Posted by allenr View Post
    The deceased driver was in violation of MD law since MD does not have a reciprocal relationship with PA. If the driver had survived his gun would have been confiscated and not returned. I don't think there is chance that the estate gets possession of the gun.
    Hypothetically, he may have been legally traveling under FOPA protection, when the unexpected fatal accident occurred. In that case, IMO, the gun should not automatically be considered "contraband" that should not be returned to the owner's estate.

  7. #7
    Join Date
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    (York County)
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    Default Re: Recovering a handgun from MD

    Quote Originally Posted by gnbrotz View Post
    Hypothetically, he may have been legally traveling under FOPA protection, when the unexpected fatal accident occurred. In that case, IMO, the gun should not automatically be considered "contraband" that should not be returned to the owner's estate.
    Quote Originally Posted by kwc View Post
    Hello,
    The deceased had a loaded handgun in the vehicle with him but did not possess a MD CCW license.
    If the handgun was loaded, then FOPA would not apply.

  8. #8
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    Levittown, Pennsylvania
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    Default Re: Recovering a handgun from MD

    Interesting situation. Deceased was not arrested, so the gun is not evidence in a criminal case. I think I would attempt to get some form of official explanation, in writing, as to why they are holding the gun. From an official with standing. If there is provision to argue the matter, having that would be a plus.

    Questions arise... would a PA executor have (Maryland) standing in the matter in these circumstances. I suspect that an attorney representing the estate (and licensed in both states) would be required. Is anyone able to prove to the satisfaction of finder of facts that the decedent was passing through to state(s) beyond and protected by federal law? Does that expire upon his death? (I know...but the damnedest precedents can be lurking).

    I guess I am suggesting, if lay inquiry cannot or does not produce serious efforts to accommodate, it becomes an assessment. Too expensive to pursue, expense accepted to recover a sentimental value, expense accepted to remain true to a principle.

    Perhaps their keeping the gun is so grievous, legal fees would be ruled recoverable. Something to know when making decisions.

    Already, FOPA is apparently down the tubes. Sounds like contraband now.

  9. #9
    Join Date
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    Default Re: Recovering a handgun from MD

    What Is the gun , Value etc .?

  10. #10
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    Default Re: Recovering a handgun from MD

    Yeah that's a tough one. My step-mom recently went through something similar in nature, but not in another state. She got a call one day a few years ago from a cop about her deceased brother. Turns out that a handgun "registered" to him had been found at the scene of a crime. The thing was that no one really knows how it got there, it was never reported stolen, and no transfer was done to another person. I guess the criminal case had run it's course, and to their credit I guess the police were looking to reunite the gun with it's rightful owner. She has to jump through all sorts of hoops including actually going to Court to get it back. So I'm saying you're probably going to need some kind of Court order.

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