Is a HQL needed for a signal pistol, starter pistol, and blank pistol?

Z_Man said:

from what I gather if the signal, starter, or blank pistol, is considered a firearm, and thus a barrel under 16 inches, then it would require the HQL for transfer.

now, if the signaling device is considered a firearm, then it would need an HQL as defined.

I think it would be very interesting if a LARGE retail business were charged with selling a handgun (as defined in MD law) without a HQL, (or a background check if we are going to follow the letter of the law). would said large business, most likely boating related, fight the law, or stop selling said item in MD?

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fabsroman said:

Maybe you get around part of it with the use of firearm in the definition of handgun. Firearm is also defined in Public Safety section 5-101.

(h) (1) “Firearm” means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) “Firearm” includes a starter gun.

Seems as though starter pistol is going to be considered a handgun no matter what, since the definition of firearm includes a starter gun. I think a flare gun would pretty much fall under the definition too unless it does not use an explosive to expel the projectile.

How many criminals are being created today at Bass Pro Shop in the marine section?

To think that our legislators are the smart ones among us. Then again, maybe only the dumb people want to run for political office nowadays.

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Z_Man said:

the goal of big government is to have enough laws so EVERY person is committing a crime at all times.

agree with the law, or not, the firearms laws in this state are poorly written, but I believe, on purpose, so the MSP can enforce the law the legislators want the law enforced, while also leaving the law vague so it is MORE difficult to challenge in court.

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Alphabrew said:

Flare guns are not firearms and therefore no NICS required, so I can't see how MSP paperwork would be required. Although as incompetent as Maryland lawmakers are I would not be surprised if BB guns, toy guns, pop tarts eaten into gun shapes, etc. would require an HQL.

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Alphabrew said:

Flare guns are not firearms and therefore no NICS required, so I can't see how MSP paperwork would be required. Although as incompetent as Maryland lawmakers are I would not be surprised if BB guns, toy guns, pop tarts eaten into gun shapes, etc. would require an HQL.

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Rack&Roll said:

Flare guns (signaling devices) are available for purchase at gun shows and even mail order without any paperwork.

However, for purposes of TRANSPORT in your vehicle, they fall under handgun rules.

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fabsroman said:

Just because they are available for sale and dealers do not require the purchaser to produce a HQL, does not mean the process is legal.

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fabsroman said:

Here is the issue.



Md. Code Public Safety section 5-101 (definitions)



(n) (1) “Handgun” means a firearm with a barrel less than 16 inches in length.

(2) “Handgun” includes signal, starter, and blank pistols.



Md. Code Public Safety section 5-117.1



§5–117.1.

(a) This section does not apply to:

(1) a licensed firearms manufacturer;

(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;

(3) a member or retired member of the armed forces of the United States or the National Guard; or

(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(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;

(ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency;

(iii) is an active or retired member of the armed forces of the United States or the National Guard and possesses a valid military identification card; or

(iv) is purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and



I see absolutely no exception to the HQL for a signal pistol, starter pistol, or a pistol that shoots blanks. I did not read the entire length of section 117.1, but did a search on "blank", "starter", and "signal" and nothing came up. So, unless a starter pistol, etc. is considered an antique, relic, or curio, it is subject to the HQL as I read this.



Just wondering if anybody knows of any exception in the actual law, other than MSP is not deciding to enforce the law as written.



The more laws our morons representatives pass, the more of us become criminals. I wonder how many flaming liberals broke this law to buy a safety kit for their boat.

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