MSP: we will require information on only a single handgun for HQL training exemption

[JettaRed]

I understand that things can change, based on AG opinions, court rulings, and other variables. However, when the language of the law is consistent, on its face, with the interpretations now being put out by the MSP, the odds are probably pretty high that the interpretation will stick.

That was not the case with regard to the issue that you raise. It's too bad that anybody was ever given the impression that he could order a handgun before October 1 and accept delivery of it after October 1, without obtaining a HQL (except transactions that fall under the exemptions in the law). I find it hard to fault the legal reasoning in the August 1 letter in which the AG's office opined that a person may not take delivery of a handgun from a dealer, after October 1, without possessing the HQL, regardless of when the handgun was ordered. The law itself says that the HQL is required. There are exceptions in the law, but no exception for handguns ordered prior to October 1.

In contrast, the law contains specific language about delivery of to-be-banned "assault"/"copycat" firearms that are ordered or applied for before October 1. Thus, the legislature took two distinctly different approaches to pre-October 1 orders with respect to handguns and "assault" firearms, respectively. I don't think that the implementers/enforcers should be faulted for observing the distinction.

Dean,

Thanks for your thoughtful and non-emotional responses.

Clearly, the mad rush to deliver handguns that have been held in purgatory for the last four months indicates that many were under the impression that they could order a handgun before October 1 and accept delivery of it after October 1, without obtaining a HQL.

Anyone attempting to read the bill can easily see how interpreting it for implementation is near impossible. It is actually shameful how non-specific and ambiguous the language appears to be.

 

[ddeanjohnson]

Anyone attempting to read the bill can easily see how interpreting it for implementation is near impossible. It is actually shameful how non-specific and ambiguous the language appears to be.

There are certainly more than a few provisions in the new law that are ambiguous, but not, I think, the requirement for a Handgun Qualification License (HQL) beginning October 1.

I think that a lot of people may have confused the bill's provisions for pre-Oct. 1 orders of "assault"/"copycat" firearms, with the provisions pertaining to the HQL. But in the law, these are entirely separate and distinct. The only overlap I can think of is that if one "lawfully owns" a regulated (grandfathered) "assault" firearm at the time that he applies for his HQL, it will allow him to invoke the exemption from training, on the same basis as lawful ownership of a handgun.

 

[ShallNotInfringe]

...
In contrast, the law contains specific language about delivery of to-be-banned "assault"/"copycat" firearms that are ordered or applied for before October 1.

There is no specific language in the law for delivery (transfer/receive) of the to-be-banned firearms after 10-1.

The law provides exception only for possession and transport after 10-1. I continue to wonder how the regulations and practice will resolve this discrepancy. The current draft propagates the identical language into the regulations.

 

[sxs]

As indicated in my post above, my vague recollection based on past reading is that the date may be well earlier, perhaps around 1985, but I do not have time to research the issue at the moment. I am hoping somebody else will pop up here with an authoritative document on this point.

I don't have 'an authoratative document' to post, but handguns could be purchased FTF between 2 individuals who were both MD State Residents until the mid to late 1990's (1996 sounds about right...but not 100% sure of the year). There were some kind'a restriction on FTF private sales at gun shows a couple years earlier, but FTF was still allowed outside of gun shows. When the FTF was outlawed, I actually sold several handguns in my collection between the time the law passed and the time it was actually implemented (I think that started on Oct 1st, IIRC although the law itself was passed in the spring) because there was originally no provision for private transfer using MSP (That developed sometime after the law was implemented...but if there was a way to do an MSP transfer at the time the original law took effect, there are a couple handguns I might still have...at least I certainly wouldn't have been in a rush to sell). My thinking at the time was I didn't want to be stuck just a year or 2 down the line having to pay a consignment fee to sell handguns I had been considering selling anyway. I purchased many handguns during that 1980s and early 1990's time frame. A couple came from out of state dealers via a Maryland FFL ( one I acquired from a NJ dealer at the Timonium show by way of transfer using Valley Guns, for example), and I purchased a couple others new from Maryland dealers (and thus underwent a background check for those as well). However, others were private FTF between 2 MD residents. And, BTW, I am not one to have ever broken any laws in my purchases.

 

[tpm4286]

First Weapon AR-15 prior to Oct 1st

What if your first registered firearm was an AR-15. Are there any negative or complications to using that SN as your lawfully own prior to Oct. 1st owned weapon?

 

[ddeanjohnson]

What if your first registered firearm was an AR-15. Are there any negative or complications to using that SN as your lawfully own prior to Oct. 1st owned weapon?

It is not necessary for a regulated firearm to have been previously "registered" in order to use it to claim the training exemption. It is only necessary that the firearm is lawfully owned at the time your application is filed. If you choose to use an AR-15 that is already in the Maryland database, however, I see no problem.

With respect to handguns, there is no requirement that the lawful ownership of the handgun began before October 1, only that the handgun is lawfully owned at the time of the application. There are at least four ways that a person might have come into lawful ownership of a handgun after October 1, without a HQL, and such a handgun could be used to qualify for the training exemption.

 

[tpm4286]

HQL Exempt

Can I use the Serial Number off my AR-15 to qualify for exmeption status from training portion?

I do not own a handgun but do have the Colt LE6920 rifle.

Required to have the HQL, but exempt from the training component
Lawfully owns a regulated firearm. If you already own a handgun or assault weapon prior to October 1, 2013, you do not have to complete the training to apply for the Handgun Qualification License.

 

[ddeanjohnson]

Can I use the Serial Number off my AR-15 to qualify for exmeption status from training portion?

In my opinion, yes.

 

[SRD]

In my opinion, yes.

+1 since pre 10/1 it was "regulated" same as a handgun,background check and all.

 

[IGOR455]

i wouolde say yes, by providing teh sn of the colt, it would show registered to you prior to 10/01 and prior to that date you had to take the on line course or a hunter safety class or be a vet, that would show that you were excempt from the training req.

 

[swinokur]

It doesn't necessarily have to have been registered. Only that it is considered a regulated firearm and you lawfully possessed it at the time of application as Ddeanjohnson pointed out.

You could have legally brought it into MD without registering it.

 

[embermage]

Those who move to Maryland after October 1, 2013, with the purpose of establishing residency, will be required to register all regulated firearms within 90 days, by a different provision of SB 281, discussed elsewhere.

So how does this apply to military members such as myself that are coming to MD on orders for three years and have NO intent of making Maryland my state of residence as my home state is Colorado?

SSG Baker

 

[dblas]

So how does this apply to military members such as myself that are coming to MD on orders for three years and have NO intent of making Maryland my state of residence as my home state is Colorado?

SSG Baker

The only thing that would affect you is the purchase date of any formerly regulated/now banned firearms. If you purchase any in the free United States after Oct 1, 2013, you are not permitted to bring them into Maryland for use.

The registration of firearms does not apply to military stationed in Maryland on orders.

 

[Hit and Run]

So how does this work if for say something was to happen to me and my son inherits my weapons that include handguns and now banned semi-autos? Does he need an HQL?

 

[Pinecone]

The only thing that would affect you is the purchase date of any formerly regulated/now banned firearms. If you purchase any in the free United States after Oct 1, 2013, you are not permitted to bring them into Maryland AT ALL.

The registration of firearms does not apply to military stationed in Maryland on orders, UNLESS YOU DECIDE TO ESTABLISH RESIDENCY IN MD.

FIFY

 

[dblas]

So how does this work if for say something was to happen to me and my son inherits my weapons that include handguns and now banned semi-autos? Does he need an HQL?

I believe he would for the handguns, yes.

 

[mgbill]

So how does this apply to military members such as myself that are coming to MD on orders for three years and have NO intent of making Maryland my state of residence as my home state is Colorado?

SSG Baker

SSG Baker,

Recommend you make an appointment with your JAG office to discuss this matter. The Soldiers and Sailors Relief Act may bear on the issue. Make sure you print out and take along Dean Johnson's informative posts on this new law.

mgbill
Col, USAF (Retired)

 

[JettaRed]

I may have this backward, but your state of residence is where you pay taxes and your domicile is where you live. The military are treated differently.

So, unless I have it backward, Maryland is your domicile while Colorado is your residence. However, not sure how that plays into SB281.


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[JettaRed]

So how does this work if for say something was to happen to me and my son inherits my weapons that include handguns and now banned semi-autos? Does he need an HQL?

Where does he live? Where is his state of residence? Is he still a dependent?


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[awptickes]

How do I fill this in?

It's a home-built single-shot derringer.