Is C&R Handgun a valid training exception for HQL?

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  • TAliyev

    Thinker
    Feb 23, 2009
    172
    Owings Mills, MD
    I have a C&R handgun (Nagant 1895 in 7.62x38R) that I want to transfer to my son. He does not have HQL but, in my understanding of the law, this transfer should be permitted to go forward by the state police. Now, once he has that handgun on his name, will this ownership work as training exception if he decides to apply for HQL in the future?
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,337
    Carroll County
    Seems to me it should.

    I thought about the same thing: the exemption is based on owning a handgun already (or a now-banned long gun). Any handgun. My understanding is that the MSP will accept a "voluntary registration" for anything, even an antique or a replica cap-and-ball pistol.

    You should be able to buy a C&R P64 or an antique Iver Johnson or a Pietta Navy Colt, then use that as your exemption from training. Of course, your cap-and-ball gun would now be "registered" if you went that route.

    Of course, I'm just speculating, but seems to me the exemption should go through.
     

    Boom Boom

    Hold my beer. Watch this.
    Jul 16, 2010
    16,834
    Carroll
    That should work. FSA2013 exempts the HQL training requirement if the person "lawfully owns a regulated firearm". I'm looking at the enrolled bill (the law) and I don't see anywhere where it says the person had to own the regulated firearm prior to a certain date. So, when you transfer the C&R revolver to your son, you check the C&R box at the top of the 77R to exempt the transfer from the HQL. The transfer process itself defines that particular handgun as regulated, technically qualifying your son for the training exemption. Following the exact letter of the law seems to create the training exemption, as best I can tell.
     

    JamesH

    That Guy
    Oct 11, 2014
    748
    Laurel, MD
    Yes, this has been specifically addressed by IPs on this site, and there have been posts of folks going exactly this route.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,337
    Carroll County
    I'm not sure you even have to do a voluntary registration. I think there's a place on the HQL application form where your enter the serial number of whatever handgun you already own which you are basing your exemption claim on. That handgun doesn't have to be registered already, though it will be now!
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,300
    Doesn't the "lawfully owns a regulated firearm" have to be prior to Oct. 2013? So if it is a not previously registered firearm might they ask you to prove you lawfully owned it prior to the law going into effect?
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,337
    Carroll County
    I don't recall any such language.

    There are all sorts of ways one might "lawfully own" a handgun/regulated firearm which isn't recorded in their registration database. A recent C&R purchase is only one of many ways.

    One you specify a handgun as a training exemption, it will be "registered" anyway!

    I say just fill out the form, put the C&R Nagant revolver down as the exemption, and send it in. What's the big deal?

    There's a whiff of BGOS in the room.
     

    JamesH

    That Guy
    Oct 11, 2014
    748
    Laurel, MD
    Doesn't the "lawfully owns a regulated firearm" have to be prior to Oct. 2013? So if it is a not previously registered firearm might they ask you to prove you lawfully owned it prior to the law going into effect?


    Nothing about "pre-2013" in the law or in COMAR. Just "legally owned regulated firearm".
     

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