HB42 Firearms – Application Approval Before Sale, Rental, or 2 Transfer

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  • kenpo333

    Ultimate Member
    Industry Partner
    MDS Supporter
    Mar 18, 2012
    3,324
    Salisbury Maryland
    I see this as the state closing the 8th day release to whenever they feel like getting the paperwork done. :mad54:

    (C) NOTWITHSTANDING THE TIME PERIOD FOR DISAPPROVAL OF A FIREARM APPLICATION UNDER § 5–122 OF THIS SUBTITLE, A LICENSEE OR OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A REGULATED FIREARM TO A FIREARM APPLICANT UNTIL THE LICENSEE OR OTHER PERSON HAS RECEIVED NOTICE FROM THE SECRETARY THAT THE APPLICANT’S FIREARM APPLICATION HAS BEEN APPROVED.


    (3)
    the Secretary receives written notification from the firearm
    5
    applicant’s licensed attending physician that the firearm applicant suffers from a
    6
    mental disorder and is a danger to the firearm applicant or to another;


    NOW your doctor gets to get his say in getting a firearm. The ama is going to jump on this . The Doctor gets a $300 payday for a doctor's visit to have a staffer fill out a form.
     

    kenpo333

    Ultimate Member
    Industry Partner
    MDS Supporter
    Mar 18, 2012
    3,324
    Salisbury Maryland
    As said on the comments of the same video, Well, today I registered all 8 of my guns and all 15 of my magazines. The list of guns: 3 BB guns, 4 pellet guns, and 1 antique revolver. The magazines were GQ, People, Better Homes & Gardens, Seventeen (my daughter), Popular Science, etc. I feel much better obeying the law and all. LOL
     
    Feb 28, 2013
    28,953
    As said on the comments of the same video, Well, today I registered all 8 of my guns and all 15 of my magazines. The list of guns: 3 BB guns, 4 pellet guns, and 1 antique revolver. The magazines were GQ, People, Better Homes & Gardens, Seventeen (my daughter), Popular Science, etc. I feel much better obeying the law and all. LOL

    I wonder if my screw guns, nail guns, caulk guns, and magazines containing high capacity porn would be banned?:innocent0





    :lol::lol2:
     

    Johnny5

    Member
    Apr 2, 2014
    1
    77R-2 Question

    Hey guys,
    I'm new to the forum so forgive me if this has been discussed elsewhere, but I needed some help clarifying these new firearm laws...

    I am being gifted a handgun from my Mother and have acquired my HQL, gone down to the station to fill out MSP 77R-1,2,3, and have waited almost 2 weeks for some kind of notification by mail.

    After filling out the forms, the officer said I would need to wait for my application to be approved or denied before transferring the firearm and then fill out section 6 of 77R-2, and I've received no such correspondence! I am moving out of the state to California (where I'll need to register the handgun within 19 days of arriving) within the next week and have no idea what to do...

    I've contacted the MSP Licensing division now both by phone and by email to request instructions and have received none, and I'm sitting on all these forms that I'm supposed to eventually mail out.

    Does anyone know what I'm supposed to do next so I'm not breaking the law???

    Thank you for any help.

    P.S. It seems incredibly redundant to ask all these questions on my HQL application- BE APPROVED, and then have to wait on approval with the 77R forms for the EXACT SAME QUESTIONS! Sorry, just venting :)
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    Hey guys,
    I'm new to the forum so forgive me if this has been discussed elsewhere, but I needed some help clarifying these new firearm laws...

    I am being gifted a handgun from my Mother and have acquired my HQL, gone down to the station to fill out MSP 77R-1,2,3, and have waited almost 2 weeks for some kind of notification by mail.

    After filling out the forms, the officer said I would need to wait for my application to be approved or denied before transferring the firearm and then fill out section 6 of 77R-2, and I've received no such correspondence! I am moving out of the state to California (where I'll need to register the handgun within 19 days of arriving) within the next week and have no idea what to do...

    I've contacted the MSP Licensing division now both by phone and by email to request instructions and have received none, and I'm sitting on all these forms that I'm supposed to eventually mail out.

    Does anyone know what I'm supposed to do next so I'm not breaking the law???

    Thank you for any help.

    P.S. It seems incredibly redundant to ask all these questions on my HQL application- BE APPROVED, and then have to wait on approval with the 77R forms for the EXACT SAME QUESTIONS! Sorry, just venting :)

    I am not a lawyer... But here's a few references that apply...

    Here is a specific law article that applies to your situation (MD Public Safety Article 5-136), note section (2)(ii) says AFTER:
    http://law.justia.com/codes/maryland/2005/gps/5-136.html
    (a) (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) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

    Also PSA 5-122 allows for the transfer to occur after 7 days if the Secretary does not disapprove of the transfer.
    http://law.justia.com/codes/maryland/2005/gps/5-122.html

    The MD Attorney General submitted documents to the court last year affirming that MD statutes (specifically 5-122) allows for a transfer after 7 days if the application is not completed by then.

    Assuming that you have not had any prohibited charges from the time you obtained the HQL and now, the law is on your side to complete the transfer. Especially given your due diligence in contacting them to request disposition of the application in a timely fashion.
     

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