HQL Training Exemption - AR Receivers

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    question - I own an ATI AR Omni, presently chambered in .22lr - as such it wasnt considered a regulated firearm and did not have to go through a waiting period...however, it IS a multi-caliber platform(meaning I could swap out the .22lr upper for a .223 upper assembly. ATI even sells these rifles as a combo ppkg now) - can I use this as my exemption for the HQL Training?

    You might be able to, but be very careful. Once you use it as an exemption it is forever registered in MD as a regulated firearm and subject to all of the laws that apply to it.
     

    mrgnstrn

    Active Member
    Mar 18, 2014
    142
    This is awesome!

    And if I may blow my own horn, I think I called this back almost a year ago...

    http://www.mdshooters.com/showpost.php?p=3496794&postcount=19




    As most of you know, we are in a fight with MSP regarding the sale of certain types of firearm receivers, which they claim have to go on a MSP 77R, but do not need an HQL. While I am dealing with that, I have run across an interesting by-product of the MSP's failed logic, and confirmed that MSP will allow lawful ownership of an AR-type receiver (or that of an AK, M1A, etc) to serve as an HQL training exemption. So, you don't need an HQL to buy an AR lower, but once you pick up the lower, you are now exempt from the HQL training.

    As part of the Firearms Safety Act of 2013, a person must possess a valid handgun qualification license before they may purchase, rent, or receive a handgun. MD PUBLIC SAFETY § 5-117.1(c)(1). This is a general requirement subject to certain exceptions. If you, or your transaction, do not fall within an exception, a transferee must possess an HQL.

    The Maryland State Police shall issue a handgun qualification license to a person who:




    MD PUBLIC SAFETY § 5-117.1(e), in listing exceptions to the training requirements, provides that:



    MSP's Corporal Edwards has confirmed that, "The purchase of a lower receiver enumerated in statute or their copies would satisfy the waiver of the training requirement under PS 5-117.1 e6."

    So, until we get them to change their interpretation, there is some benefit to a completely asinine MSP interpretation.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    The issue isn't an AR pistol being a regulated firearm. It clearly is. The issue is MSP saying a stripped lower is a regulated firearm, which it is not according to the statute.

    Stature 5-101

    (r) “Regulated firearm” means:
    (1) a handgun; or
    (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:
    (i) American Arms Spectre da Semiautomatic carbine;
    (ii) AK–47 in all forms;
    (iii) Algimec AGM–1 type semi–auto;
    (iv) AR 100 type semi–auto;
    (v) AR 180 type semi–auto;
    (vi) Argentine L.S.R. semi–auto;
    (vii) Australian Automatic Arms SAR type semi–auto;
    (viii) Auto–Ordnance Thompson M1 and 1927 semi–automatics;
    (ix) Barrett light .50 cal. semi–auto;
    (x) Beretta AR70 type semi–auto;
    (xi) Bushmaster semi–auto rifle;
    (xii) Calico models M–100 and M–900;
    (xiii) CIS SR 88 type semi–auto;
    (xiv) Claridge HI TEC C–9 carbines;
    (xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;
    (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2;
    (xvii) Dragunov Chinese made semi–auto;
    (xviii) Famas semi–auto (.223 caliber);
    (xix) Feather AT–9 semi–auto;
    (xx) FN LAR and FN FAL assault rifle;
    (xxi) FNC semi–auto type carbine;
    (xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
    (xxiii) Steyr–AUG–SA semi–auto;
    (xxiv) Galil models AR and ARM semi–auto;
    (xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;
    (xxvi) Holmes model 88 shotgun;
    (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;
    (xxviii) Manchester Arms “Commando” MK–45, MK–9;
    (xxix) Mandell TAC–1 semi–auto carbine;
    (xxx) Mossberg model 500 Bullpup assault shotgun;
    (xxxi) Sterling Mark 6;
    (xxxii) P.A.W.S. carbine;
    (xxxiii) Ruger mini–14 folding stock model (.223 caliber);
    (xxxiv) SIG 550/551 assault rifle (.223 caliber);
    (xxxv) SKS with detachable magazine;
    (xxxvi) AP–74 Commando type semi–auto;
    (xxxvii) Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand;
    (xxxviii) Street sweeper assault type shotgun;
    (xxxix) Striker 12 assault shotgun in all formats;
    (xl) Unique F11 semi–auto type;
    (xli) Daewoo USAS 12 semi–auto shotgun;
    (xlii) UZI 9mm carbine or rifle;
    (xliii) Valmet M–76 and M–78 semi–auto;
    (xliv) Weaver Arms “Nighthawk” semi–auto carbine; or
    (xlv) Wilkinson Arms 9mm semi–auto “Terry”.
    a stripped lower is not a regulated firearm according to the statute, yet MSP insists a 77r must be filled out when buying one. It is a firearm by statute, but not a regulated firearm. That's the rub as I interpret all this. Nate can correct me if I'm wrong. The MSP advisory seems to be redefining what a regulated fiream is. A stripped lower is a firearm, but not a regulated firearm, so no 77r should be needed, just lke a C&C firearm. 4473 and out the door. But no.
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    Attachments

    • 5-16-14 LD-FRS-14-003 - Receivers of Banned Assault Long Guns.pdf
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    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,982
    A little off topic but, the sound of an M1A1 SBR in a 14" barrel is bigining to grow on me.
     

    awptickes

    Member
    Jun 26, 2011
    1,516
    N. Of Perryville
    I used a home-built pistol with no serial number to satisfy the training requirement for the HQL (even though I already had the 16 hour W&C training). No issues here.
     

    Overboost44

    6th gear
    MDS Supporter
    Jun 10, 2013
    6,634
    Kent Island
    To clarify and make sure what pitpawten mentions... if I have an AR that was purchased and approved prior to 10/1/13, I can go get a handgun with fingerprints and filling out a form? What other costs are involved?

    Thanks Nate. You are the man!
     

    Mdeng

    Ultimate Member
    Industry Partner
    Nov 13, 2009
    8,571
    Virginia
    To clarify and make sure what pitpawten mentions... if I have an AR that was purchased and approved prior to 10/1/13, I can go get a handgun with fingerprints and filling out a form? What other costs are involved?

    Thanks Nate. You are the man!

    $50 HQL application fee
    $50 live scan fingerprinting fee
     

    Diek

    Member
    Feb 13, 2015
    20
    Baltimore
    This is a good loophole. I bought my AR lower post-sb281 in late 2014. I then preceded to use that as my regulated firearm qualification for training exemption for my HQL. Many people kept on interpreting that the regulated firearm for training exemption had to be pre-sb281. No where in the law did it say that. Before I applied for my HQL, I did write msp and they confirmed that my AR lower did qualify me to be training exempt.

    Fortunately, I've had plenty of firearm training, being I was Army ROTC in college, but never went active because I did not ride on their scholarship. Having said that, I would heavily recommend that if you haven't had firearm training, that you please do so. It is invaluable.
     

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