Do You Need to Register an Inherited Handgun in Maryland?

To legally register an inherited handgun in Maryland, you file a Form 77R transfer application with the Maryland State Police, pass a background check during a seven-day waiting period, and then take possession from the estate. Maryland treats every handgun as a “regulated firearm,” so inheriting one triggers the same application a buyer would file. Two things make the heir’s path lighter than a purchase: you do not need a Handgun Qualification License, and the state charges no fee for an inheritance transfer.

Confirm You Can Legally Possess the Handgun

Being named in a will doesn’t override Maryland’s possession rules. The Maryland State Police will deny the transfer, and you commit a crime by taking the gun, if any of the following applies to you:1New York Codes, Rules and Regulations. Maryland Code Public Safety 5-133 – Restrictions on Possession of Regulated Firearms

  • A felony conviction, a conviction for a crime of violence, or a misdemeanor punishable by more than two years
  • A current Maryland or out-of-state non-ex-parte protective order against you
  • Involuntary commitment to a mental health facility
  • Fugitive-from-justice status
  • A documented history of violent behavior

Federal prohibitions apply on top of the state list. If a past charge is borderline or was expunged, check the Maryland State Police disqualifier list before you file.2Maryland State Police. State Law Disqualifications

What to Gather Before You File

You’ll need the handgun’s make, model, caliber, and serial number, along with the decedent’s full legal name and date of death. Bring a valid government photo ID for the in-person step.

If the serial number is missing, illegible, or looks altered, stop. Possessing a firearm with an obliterated serial number is a separate federal offense, and you should talk to law enforcement before touching the transfer paperwork.

The Handgun Qualification License that applies to purchases is waived for inheritances, and the Maryland State Police charges no application fee when the transfer comes through a bequest or intestate succession. Both exemptions exist specifically for heirs.

The Form 77R Transfer, Step by Step

The process runs through the MSP Licensing Portal plus one in-person visit.3Maryland Department of State Police. Regulated Firearm Purchases

  1. Create a portal account and complete your portion of the Maryland State Police Application and Affidavit to Purchase a Regulated Firearm (Form 77R). Paper submissions are not accepted.
  2. Save the application number and PIN that arrive by email after you finish.
  3. Bring the application number, PIN, and your photo ID to a licensed Maryland Regulated Firearms Dealer or a Maryland State Police Barrack. The representative verifies your identity, enters the firearm details, and submits the completed 77R to the Licensing Division.4Maryland State Police. Maryland State Police Licensing Division – Firearm Registration Unit Portal Instructions
  4. Wait seven days. The Licensing Division runs the background investigation during that window.
  5. On the morning of the eighth day, check your email. A result of “Not Disapproved” or “Initial Review Not Disapproved” means you’re approved and can take possession.

Until that email arrives, the handgun stays with the estate’s executor or personal representative. They cannot legally hand it over before your approval.

If Your Application Is Disapproved

The Secretary of State Police must send written notice stating the reason for a denial and your appeal rights.5Library of Maryland Regulations. Maryland Code COMAR 29.03.01 – Regulated Firearm Application – Appeal You have 30 days from the date the notice was sent to request a hearing in writing. The Secretary then has 15 days to schedule the hearing, which is held in the county where you live. You can bring an attorney, and the burden of proof is on the state. If the administrative law judge rules against you, you can appeal to circuit court.

Denials sometimes come from incomplete records, mistaken identity, or old charges that were later expunged. If any of those fit, the appeal is worth filing.

If the Handgun Is Coming From Another State

Federal law lets an out-of-state executor transfer a firearm directly to you through a bequest or intestate succession without routing it through a Federal Firearms Licensee, so long as you are legally allowed to possess the firearm in Maryland.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

That exemption only addresses getting the handgun across state lines. Once it arrives in Maryland, the full Form 77R transfer, seven-day waiting period, and background check all still apply. The state’s rules don’t change based on where the firearm started.

NFA Items Are a Separate Federal Process

If the estate includes a suppressor, a short-barreled rifle or shotgun, or a machine gun, those items fall under the National Firearms Act and need ATF approval before the executor can release them. Beneficiaries are exempt from the $200 federal transfer tax and file ATF Form 5 to claim the exemption.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Application To Transfer and Register NFA Firearm (Tax-Exempt), ATF Form 5320.5 (Form 5) The executor submits proof of authority over the estate, the death certificate, and documentation of your beneficiary status.8eRegulations. 27 CFR 479.90a – Estates The executor can hold NFA items during probate without that counting as a transfer, but the Form 5 must be filed by the close of probate. If no beneficiary wants the item, the executor files a Form 4 instead, which does carry the $200 tax.