HANDGUN QUALIFICATION LICENSE (HQL)

Trumpet said:

Please forgive me if this has been answered already. ..I just purchased a handgun yesterday. If the "not disapproved" comes after October 1st, which I'm sure it will, do I now have to do all the fingerprinting crap even though it was purchased before October?

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It depends. Apparently everything is up for definition at this point.

I am not joking. They are changing policy daily...

The current answer is yes, but yesterday it was mentioned that they may reinterpret the black letters on the white paper.

Now we find out they are redefining words....

mdram said:

states not supposed to keep a record............

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You know that, and I know that...

Or at least we think we know.

Baron von Frosh admitted it on the Senate floor, and I have seen the printouts myself.

ShallNotInfringe said:

You cannot reinterpret language that is expressly written into legislation. There is no wiggle room.

If they redefine that word, there is going to be HUGE trouble with the entire PSA and Criminal Code.

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We can only hope...........

In both cases, it's proof of the unadulterated HUBRIS that is Curran & Co.

I heard back from one of my Delegates for one of my emails (the most recent one). The Delegate stated that the regulations are going to be in the 06SEP issue of the Maryland Register. In a nutshell, here is what the Delegate stated to me:

1. The regulations were submitted to the Joint Committee on Administrative, Executive & Legislative Review (AELR).
2. AELR granted MSP the authority to use the following two paths for issuance:
   1. Emergency regulation - due to taking the entire summer (apparently required to ensure compliance with the new law...); and,
   2. Posted regulation - to permit public comment.

Supposedly, the emergency regulation process is only temporary...


To me, if the regulations are permitted as "emergency", those will be the ones enacted. The regulations posted for comment will merely be round-filed, along with any comments received. Once again, the public will be ignored by this tyrannical state government.

mr h said:

You know that, and I know that...

Or at least we think we know.

Baron von Frosh admitted it on the Senate floor, and I have seen the printouts myself.

We can only hope...........

In both cases, it's proof of the unadulterated HUBRIS that is Curran & Co.

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So somebody finally noticed what they did (or failed to do) with that purchase order language, eh?

MJD438 said:

I heard back from one of my Delegates for one of my emails (the most recent one). The Delegate stated that the regulations are going to be in the 06SEP issue of the Maryland Register. In a nutshell, here is what the Delegate stated to me:

1. The regulations were submitted to the Joint Committee on Administrative, Executive & Legislative Review (AELR).
2. AELR granted MSP the authority to use the following two paths for issuance:
   1. Emergency regulation - due to taking the entire summer (apparently required to ensure compliance with the new law...); and,
   2. Posted regulation - to permit public comment.

Supposedly, the emergency regulation process is only temporary...


To me, if the regulations are permitted as "emergency", those will be the ones enacted. The regulations posted for comment will merely be round-filed, along with any comments received. Once again, the public will be ignored by this tyrannical state government.

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This infuriates me.

MJD438 said:

I heard back from one of my Delegates for one of my emails (the most recent one). The Delegate stated that the regulations are going to be in the 06SEP issue of the Maryland Register. In a nutshell, here is what the Delegate stated to me:


[*]The regulations were submitted to the Joint Committee on Administrative, Executive & Legislative Review (AELR).
[*]AELR granted MSP the authority to use the following two paths for issuance:

[*]Emergency regulation - due to taking the entire summer (apparently required to ensure compliance with the new law...); and,
[*]Posted regulation - to permit public comment.


Supposedly, the emergency regulation process is only temporary...

To me, if the regulations are permitted as "emergency", those will be the ones enacted. The regulations posted for comment will merely be round-filed, along with any comments received. Once again, the public will be ignored by this tyrannical state government.

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Well, there's always the circuit court path on those "emergency" ones I guess... Mr. h, when can I say it?

Here's what I just received also:

"Re: regs
the regulations have been sent to AELR and are expected to be published by Sept 6. At the direction of committee staff the regs will follow two parrallell courses. One set will be posted as emergency regs. However, this course is only temporary. The other will allow a time for public comment and review. They are the same regs just taking two different paths. The reason the regs are in as an emergency it took the entire summer to develop the regs to ensure compliance with the new law. As i said the emergency is only a temporary measure."

And this:

"The msp regs have been written and submitted to the AELR committee for review. They are scheduled to be published Sept 6. Based on advice from committee staff the regs will be submitted in two fashions; the first being emergency temporary regs and the second being the normal course which will receive public comment, review and possible hearings depending on the committees needs.
As for the training I have attended all training sessions and i would be happy to entertain any questions, concerns, or examples where the constituent feels we were not consistent with the bill/law as written. "

MJD438 said:

I heard back from one of my Delegates for one of my emails (the most recent one). The Delegate stated that the regulations are going to be in the 06SEP issue of the Maryland Register. In a nutshell, here is what the Delegate stated to me:

1. The regulations were submitted to the Joint Committee on Administrative, Executive & Legislative Review (AELR).
2. AELR granted MSP the authority to use the following two paths for issuance:
   1. Emergency regulation - due to taking the entire summer (apparently required to ensure compliance with the new law...); and,
   2. Posted regulation - to permit public comment.

Supposedly, the emergency regulation process is only temporary...


To me, if the regulations are permitted as "emergency", those will be the ones enacted. The regulations posted for comment will merely be round-filed, along with any comments received. Once again, the public will be ignored by this tyrannical state government.

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Hadn't heard that yet. Not surprised, but hadn't heard AELR had reported out anything.

This ain't gonna be good........

mdram said:

states not supposed to keep a record............

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mr h said:

You know that, and I know that...Or at least we think we know. Baron von Frosh admitted it on the Senate floor, and I have seen the printouts myself...

Click to expand...

I'm afraid that it is an urban legend that something restricts states from maintaining records of firearms transfers or possession. There is nothing in federal statutory law to prevent states from maintaining such records, and a number have done so for a long time. The provisions of federal law that are usually cited as containing such a prohibition actually apply only to record keeping by or by requirement of federal officials, which has nothing to do with Maryland state law.

ShallNotInfringe said:

Here's what I just received also:

"Re: regs
the regulations have been sent to AELR and are expected to be published by Sept 6. At the direction of committee staff the regs will follow two parrallell courses. One set will be posted as emergency regs. However, this course is only temporary. The other will allow a time for public comment and review. They are the same regs just taking two different paths. The reason the regs are in as an emergency it took the entire summer to develop the regs to ensure compliance with the new law. As i said the emergency is only a temporary measure."

And this:

"The msp regs have been written and submitted to the AELR committee for review. They are scheduled to be published Sept 6. Based on advice from committee staff the regs will be submitted in two fashions; the first being emergency temporary regs and the second being the normal course which will receive public comment, review and possible hearings depending on the committees needs.
As for the training I have attended all training sessions and i would be happy to entertain any questions, concerns, or examples where the constituent feels we were not consistent with the bill/law as written. "

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Tiptoeing around the rules again.

Where legislation fails, use administrative means.

Right out of the National Progressive Playbook, I'm afraid.

ddeanjohnson said:

I'm afraid that is an urban legend. There is nothing in federal law to prevent states from maintaining such records, and a number have done so for a long time. The provisions of federal law that are usually cited as containing such a prohibition actually apply only to record keeping by or by requirement of federal officials, which has nothing to do with Maryland state law.

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In fact, here's the code: see the last line.

Maryland Code > Public Safety > § 5-124

Current as of: 2010
Check for updates

(a) (1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.
(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.
(b) A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.
(c) A person shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.
(d) (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a person shall return the firearm application to the Secretary within 7 days.
(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.
(e) (1) (i) A person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.
(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.
(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

ddeanjohnson said:

I'm afraid that it is an urban legend that something restricts states from maintaining records of firearms transfers or possession. There is nothing in federal statutory law to prevent states from maintaining such records, and a number have done so for a long time. The provisions of federal law that are usually cited as containing such a prohibition actually apply only to record keeping by or by requirement of federal officials, which has nothing to do with Maryland state law.

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Perhaps they are referring to non criminal examination of finger prints.

The confusion on this, IIRC, comes from a clause in FOPA regarding recordkeeping.

There was quite a bit of unsettled discussion on it right after von Frosh's shameful admission.

mdram said:

that's what is being said

but you cant even apply yet

what dealer did you use? do they release after 8 days?

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I used a local gssf dealer, but I might have it transferred to my nearest 8 day dealer

mr h said:

The confusion on this, IIRC, comes from a clause in FOPA regarding recordkeeping.

There was quite a bit of unsettled discussion on it right after von Frosh's shameful admission.

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I cited the Maryland code above. Wonder why Frosh didn't know his own laws...

mdram said:

states not supposed to keep a record............

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Only the Federal Government is not allowed to make/keep a database, there is no prohibition on a state or city from doing the same.

Trumpet said:

Please forgive me if this has been answered already. ..I just purchased a handgun yesterday. If the "not disapproved" comes after October 1st, which I'm sure it will, do I now have to do all the fingerprinting crap even though it was purchased before October?

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As it stands right now, yes, you will have to get an HQL to get your handgun after Oct 1, even though you purchased it before Oct 1.

mr h said:

The confusion on this, IIRC, comes from a clause in FOPA regarding recordkeeping.

There was quite a bit of unsettled discussion on it right after von Frosh's shameful admission.

Click to expand...

FOPA is a Federal regulation an in such refers to what the US Attorney General (USAG) may and may not do. This being at the federal level, there is no mention in FOPA with regards to what a state (MDAG) may or may not do.

Inigoes said:

Yep, that is what LT Cook said yesterday

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So is MSP now saying that even if you purchased and have in your possession now a handgun, you still need an HQL after 10/1 to continue possession of the handgun that you currently own?

dblas said:

FOPA is a Federal regulation an in such refers to what the US Attorney General (USAG) may and may not do. This being at the federal level, there is no mention in FOPA with regards to what a state (MDAG) may or may not do.

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As I said... a lot of folks were (and still are) confused over it.

Whether they believe it's legal or not, it exists.