Borrowing Handguns

[Hjaalmarch]

Morning,

Question for handguns, maybe guns in general. Can I borrow my friend's guns and take them to the range without needing any special kind of permission or paperwork? Same thing for non-HBAR AR15s. If something falls into the 'regulated' category, what are the laws with borrowing it for a few hours to take it to Freestate?

 

[swinokur]

Gratuitous loans are legal according to MD SC ruling. But borrowing a pistol without an HQL would not be legal. The MD SC ruling occurred prior to FSA 2013.



IANAL

 

[erwos]

These are two very different questions.

Handguns, yes, probably.

Assault long guns and copycat weapons? No. There is a ban on possession, which could be interpreted very broadly. I wouldn't worry about letting someone shoot mine in my presence, but I would not lend it to them.

> 10rd mags? Grey area. I don't do it.

 

[swinokur]

Based on these responses, I'd proceed with a good bit caution, speaking to an attorney first might be prudent IMO.

Erwos is right, if you didn't possess the now banned weapon before 10-1-2013, you'd be breaking the law by possessing it now, even as a loan.

IANAL

 

[Jack McCauley]

Unless otherwise exempted, a person may not purchase, rent, or receive a handgun unless they possess a valid Handgun Qualification License (H.Q.L.) issued by the Maryland Department of State Police.
Public Safety 5-117.1 (C)1

 

[swinokur]

exactly sir.

 

[LoneRanger]

I do not have a problem letting any non-prohibited person shoot any of my guns....but I come along with them....would never consider lending them to anyone......

 

[ras_oscar]

Unless otherwise exempted, a person may not purchase, rent, or receive a handgun unless they possess a valid Handgun Qualification License (H.Q.L.) issued by the Maryland Department of State Police.
Public Safety 5-117.1 (C)1

Wait a minute. Last time we debated these provisions, I thought the prevailing wisdom was that receive refered to a transfer in ownership of a permanent nature, not a temporary/gratuitous loan. If that is true, on-premesis rentals like On Target would require an HQL for handguns. Is that what the renting folks are seeing in MD today?

 

[swinokur]

Rental is defined in FSA 2013 as a loan for OFF PREMISES use. So rentals at a gun range are legal.

[(q)] (S) “Rent” means the temporary transfer for consideration of a
14 regulated firearm that is taken from the property of the owner of the regulated
15 firearm. 16

 

[DC-W]

Wait a minute. Last time we debated these provisions, I thought the prevailing wisdom was that receive refered to a transfer in ownership of a permanent nature, not a temporary/gratuitous loan. If that is true, on-premesis rentals like On Target would require an HQL for handguns. Is that what the renting folks are seeing in MD today?

This was a huge concern when the FSA2013 was making its paces.
Rent is in the context of taking the firearm off-property; think hunting excursions.

In the context of OnTarget or any range; they still own the firearm and are still in control of it, as it's on their premises. No HQL needed for that.



IANAL

 

[swinokur]

I do not have a problem letting any non-prohibited person shoot any of my guns....but I come along with them....would never consider lending them to anyone......

prudent move.

 

[ras_oscar]

ok, so if my brother comes to visit from out of state, is not a prohibited person but does not have a MD HQL, I cannot let him take my firearms to the range unless I accompany? Leave aside for a moment that I would go with him anyway.

 

[swinokur]

That's my interpretation. Jack highlighted the receive portion of the HQL law.

IANAL

 

[Inigoes]

That's my interpretation. Jack highlighted the receive portion of the HQL law.

IANAL

Here we go again

What is the legal definition of "Receive"? It was about "Ownership" changing. Loans are perfectly fine, as was what the MD SC defined.

 

[Doctor_M]

Not to complicate, but if the handgun is a C&R (over 50 yrs old), no HQL is required and a loan should be within the legal bounds even without the recipient having an HQL.

 

[drking2]

Clear as mud.

 

[Schipperke]

What about transporting? Is it legal to bring a gun to another person? Lets use a hypothetical of a five mile drive to their residence.

I was told by an instructor/attorney, this is not legal unless you are a Designated Firearms Collector. Told me there was some loophole with that designation.

 

[swinokur]

It's not a "loophole". It's a specifically allowed activity under 4-203.

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

There is ample discussion here of what constitutes "bona fide" since it isn't defined in the statute. Some have argued for both positions as far as being a DC. I woiuld think that an official designation from MSP would constitute "bona fide".

Others disagree. YMMV.

IANAL.

 

[Muleskinner]

Don't do it...wouldn't want to violate any illegal unconstitutional "laws"

 

[mac1_131]

Just go with him (you said you would anyway) then all these problems go away for both of your questions.