I have a friend that doesn't have that much time left and his step daughter is telling his wife that she wants all the guns.  His wife is wanting to keep them for now and figure it out later which is what i told her to do.  Regardless of who gets them how can it be done legally?  Neither have a pistol permit.  

It will be 1 AR
3 pistols
and 2 bolt action rifles

They would need to do a transfer just like buying one from a LGS.
There are no FTF sales/transfers in MD.

Not even sure how you can gift firearms in MD these days without filling the 4473 out.

That's only true for handguns.  Long guns that are not banned, including heavy barrel ARs, transfer face to face in Maryland everyday.

does she need to get a pistol permit asap??

No. Pistol permits are a) nearly impossible to get in MD and b) not required to purchase guns. She may need to go to a hunter safety class and get fingerprinted by MSP to be able to buy guns, but she will not need the impossible to get concealed carry permit.

They changed the laws to be stricter under Owe Malley while he was in office, and I made all my purchases before that law took effect, so others from MD will correct me if I am wrong.

"Handgun Qualification License," and unless the DIL is exempt, then yes, she needs to get one.

The Bolt-action rifles can be handed over at anytime, no FFL required.
If the AR has a HBAR style barrel it doesn't require a FFL transfer either if transferred prior to his death.


The real question you need to ask is if the recipient of firearms transferred from an estate/bequest needs to have an HQL.

The MdSP Firearms division is actually pretty good about answering questions, you can contact them at
Firearms Registration (Firearm Purchases): [email protected]
Telephone number: 410-653-4621

Handgun Qualification License Unit: [email protected]
Telephone number: 410-653-4577


If the wife retains ownership of the firearms, she still needs to go to a barracks and file a 77R for each handgun and the AR if it is not a HBAR (SB281 exemption for death)

If the stepdaughter is to get the firearms, they will have to be listed in the will. She can take possession of them w/o going though an FFL and file a Form77R with the MDSP within 5 days of taking possession. They are treated under the immediate family gift rule.

The wife (after she takes full possession of them) can also gift the firearms to her daughter for no charge (77Rs still need to be filled out however) , but the daughter might need an HQL to receive them since it is not an inheritance situation at that time. In this situation, she will not be allowed to take possession of the AR15 if it is not an HBAR.


Outside the HQL issue, there are the laws in effect in 2012:
Federal law allows you to receive an firearm and transport it to your home that was acquired as a result of a bequest or intestate succession. MD considers the transaction to be a gift and, in the case of a regulated firearm, requires the recipient to fill out Form 77R and mail it in within 5 days.

http://www.mdgunsafety.com/mspfaq.htm   (dead link now)
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.

Is there a fee when a transaction is considered a gift?
No, the fees are waived.

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.

The actual MD code states:
PUBLIC SAFETY
TITLE 5. FIREARMS
SUBTITLE 1. REGULATED FIREARMS

Md. PUBLIC SAFETY Code Ann. § 5-136 (2012)

§ 5-136. Straw purchases


(a) Scope of section. --

(1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

HISTORY: An. Code 1957, art. 27, § 442(b); 2003, ch. 5, § 2.


For completeness here are the ATF regs:
§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector, shall trans- port into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person out- side that State: Provided, That the provi- sions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

§ 478.30 Out-of-State disposition of firearms by nonlicensees.
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any fire- arm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the per- son is a corporation or other business entity, does not maintain a place of busi- ness in) the State in which the transferor resides: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succes- sion of a firearm by, a person who is per- mitted to acquire or possess a firearm under the laws of the State of his resi- dence; and (b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

§ 922 Unlawful acts. (a) It shall be unlawful—
...(3) for any person other than a li- censed importer, licensed manufac- turer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other busi- ness entity, the State where it maintains a place of business) any firearm pur- chased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succes- sion in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in confor- mity with subsection (b)(3) of this sec- tion, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;