Maryland divorce and gun laws

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  • RobSky

    Ultimate Member
    Apr 24, 2009
    1,510
    Southern Anne Arundel
    Did a search and couldn't find anything.
    Hypothetically speaking, a friend is getting an amicable divorce (if there is such a thing :innocent0). He bought a handgun pre HQL. He would like to leave it (I told him he is:crazy:) with his ex for protection.
    Does he have to transfer it to his ex? If yes, does the ex have to get an HQL?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Did a search and couldn't find anything.
    Hypothetically speaking, a friend is getting an amicable divorce (if there is such a thing :innocent0). He bought a handgun pre HQL. He would like to leave it (I told him he is:crazy:) with his ex for protection.
    Does he have to transfer it to his ex? If yes, does the ex have to get an HQL?

    I don't give legal advice on these fori, but note that under 5-117.1 of the PS article "(c) A person may purchase, rent, or receive a handgun only if the person: (1)(i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section;" (there are other exceptions, but none that probably apply here). Note "receive" is covered. Under Chow v. State, 393 Md. 431, 903 A.2d 388 (2006), "receive" may be construed to mean something other than a temporary receipt, but the OP does seem to contemplate temporary. Chow is not directly on point, as it addressed a temporary 'transfer" A knowing violation 5-117.1 is subject to the provisions of 5-144 of the PS Art:

    § 5-144. Knowing participation in violation of subtitle
    Prohibited
    (a) Except as otherwise provided in this subtitle, a dealer or other person may not:
    (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated
    firearm in violation of this subtitle;
    or
    (2) knowingly violate § 5-142 of this subtitle.
    Penalty
    (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
    not exceeding 5 years or a fine not exceeding $10,000 or both.

    This broad ban on "participation" would well cover both parties to the transaction. So beware.
     
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