HQL question

mdoffroad · Aug 23, 2015

My wife moved up from Florida last year, and since then sold her only handgun, which we transfered through MSP. Since we have proof she owned one and it was through MSP, does she have to do a class still? There is drama coming near her work and want to cover all the bases..

swinokur · Aug 23, 2015

good question since the law exempts training for those who

[FONT=&quot](6) [/FONT][FONT=&quot]LAWFULLY OWNS A REGULATED FIREARM[/FONT][FONT=&quot].[/FONT]

the word is owns, not owned. you could try and enter the model and serial and see if MSP HQL site accepts it to make her training exempt. The gun doesn't even have to be bought in MD. The statute says if you own a regulated firearm. no mention of a requirement for it to be transferred through MSP.

MSP does not remove info from the 77r when a gun is sold. your decision as to how to proceed.

this is not legal advice..

IANAL.

From MSP web site:

dblas · Aug 24, 2015

mdoffroad said:
My wife moved up from Florida last year, and since then sold her only handgun, which we transfered through MSP. Since we have proof she owned one and it was through MSP, does she have to do a class still? There is drama coming near her work and want to cover all the bases..

Short answer, no, she still has own a regulated firearm she is using as an exemption.

NateIU10 · Aug 24, 2015

dblas said:
Short answer, no, she still has own a regulated firearm she is using as an exemption.

Correct, except MSP's outdated, non-updated registry typically does allow a person to use any handgun that's in their registry for that person. We had a customer use a handgun they just bought (C&R) the same day he picked up. MSP didn't have a record of that yet (said state of purchase MD). Hat customer had previously owned handguns purchased in MD but all had been sold. MSP called and ended up just, "using one of the ones under his name."

swinokur · Aug 24, 2015

bingo. they created the precedent then. OK for MSP, OK for us?

IANAL but someone in this thread is.

BTW the statute says "owns a regulated firearm". To me, that could be any legally purchased firearm defined under MD statute as regulated, the location of the purchase is not stipulated.

Is this wrong?

mdoffroad · Aug 26, 2015

This is my question. We have the transfer records for her handgun being sold after the Unsafe act went into effect. Is there somewhere with MSP that could answer this question directly?

dblas · Aug 26, 2015

mdoffroad said:
This is my question. We have the transfer records for her handgun being sold after the Unsafe act went into effect. Is there somewhere with MSP that could answer this question directly?

All of the answers above are the same, she has to "OWN" the firearm she is using for the exemption. But if you would like to contact MSP, contact the Licensing division and ask for 1st Sgt Casey or Captain Bradey.

Boom Boom · Aug 26, 2015

Another option. Have her buy/transfer a cheap C&R handgun at a MD FFL. She does the 77R with the C&R exception checked off to avoid needing the HQL. After she picks up the handgun 7 days later, she can use that handgun's serial number to skip the HQL training requirement when applying for her HQL.

swinokur · Aug 26, 2015

According to Nate, in another case, MSP allowed a previously sold firearm serial number to be used to be HQL training exempt. I'd do as Dblas recommends and call MSP and see if they would allow it again.

If you are told it's OK, I'd get the Troopers name if it's approved.

NateIU10 said:
Correct, except MSP's outdated, non-updated registry typically does allow a person to use any handgun that's in their registry for that person. We had a customer use a handgun they just bought (C&R) the same day he picked up. MSP didn't have a record of that yet (said state of purchase MD). That customer had previously owned handguns purchased in MD but all had been sold. MSP called and ended up just, "using one of the ones under his name."

aireyc · Aug 27, 2015

He says she moved up from Florida. Why would the handgun be in the MSP database under her name? Did she buy it in Maryland or in Florida? I would think it'd be in their database under the new purchaser's name only since I'm assuming she initially bought it out of state.

swinokur · Aug 27, 2015

The OP only says it was transferred through MSP. No more info on whether it was a purchase or sale.

Stoli · Aug 27, 2015

But she doesn't own one anymore..

Sent via Mobile

swinokur · Aug 27, 2015

That's the problem, because the statute clearly says OWNS

mdoffroad · Sep 9, 2015

It was bought in Florida, but sold in Maryland. To sell implies you owned it TO sell it. But yes, the present tense or past tense wording could be an issue.

dblas · Sep 9, 2015

mdoffroad said:
It was bought in Florida, but sold in Maryland. To sell implies you owned it TO sell it. But yes, the present tense or past tense wording could be an issue.

No question on the issue, she HAS to have current possession of it, because once she uses the regulated firearm info, it gets registered to her by MSP, and will forever be registered to her.

The fact that it was sold in Maryland has absolutely nothing to do with the issue. The basic fact that is HAS been sold does.

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