HQL and Military

jr355 said:

But what about the requirement to register the handgun within the required time frame? Hand gun is residing with in the borders of Md. Does it not have to be listed with MSP?

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eruby said:

View attachment 331295

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tosburne said:

My son is a soldier based at Fort Riley. He received a 1911 as a gift and is storing it here at my house in MD (I have an HQL). I think he should get an HQL too for when he's back home. I read somewhere that active military does not have to take the class, he only has to apply... is this true? Thanks in advance!

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Boats said:

Ahem:

The OP stated that his son, a soldier, was gifted a 1911.

The OP stated that he is storing the 1911 at his house.

So his son, an active duty soldier, has obtained a pistol. He does not need an HQL to own a pistol. Only to buy one in Maryland.

I can give you several examples independent of this:

People who already owned pistols don't need an HQL to continue owning their pistols.

Making a pistol and owning it legally does not require and HQL.

A resident of another state who receives a pistol legally in that state who then moves to Maryland does not need an HQL to own that pistol.

You yourself presented some ways to legally OWN a pistol without an HQL. So I guess my statement that an HQL is necessary to PURCHASE but not to OWN a handgun is correct, isn't it?

Yes, purchase leads to ownership. It is also not the only way to own a pistol. Therefore, an HQL is required to PURCHASE but not to OWN a handgun.

With regard to your ad hominem attack about "wwnc" and "venting"

Aren't you an LEO tasked with enforcing laws? How are you able to do that when you clearly know the law, but refuse to acknowledge it as such?

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Boats said:

That's a straw man argument.

The question is whether or not his son needs an HQL to own the firearm he has been gifted. He does not.

He didn't ask about the legality of the gift, did he? Furthermore, he didn't say he was gifting a 1911 to his son, did he?

Unless there is evidence to suggest an illegal transfer has occurred, I am will assume it was legal.....as is the son's right under the COTUS.

And to answer your question:. Yes, in Maryland, (a small backwards useless worthless state) in MOST (but not all) cases a gift must go through an FFL. In MOST other states, that is not the case.

You are assuming that:
The transfer happened in Maryland.
The transfer was not interfamily (i.e. grandfather to grandson)
The firearm was not part of an estate with the son being a named recipient
The firearm is not a C&R and over 100 years old
The firearm is not C&R and the son doesn't have an ffl07
The son isn't simply storing his legally owned firearm with his father because it it a PITA to check a gun in on base.

I have made no such assumptions.

Also, you know what all of those things sound like to me? Reasonable doubt. Might wanna look into it.

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2014 Maryland Code
Public Safety
Title 5 - Firearms
Subtitle 1 - Regulated Firearms
§ 5-117.1. Handgun qualification license required for purchase of handguns.

(a) Exclusions. -- 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.

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To be recognized as C&R items, firearms must fall within one of the following categories:

1. Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;

2. Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and

3. Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

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Boats said:

What can I say, Blaster came to a battle if wits unarmed, as evidenced by his silence.

Couldn't get him to shut up before. Now all I hear is crickets.

What do I win?

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jr355 said:

But what about the requirement to register the handgun within the required time frame? Hand gun is residing with in the borders of Md. Does it not have to be listed with MSP?

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Pinecone said:

That only applied when establishing residency in MD.

Son may still be a legal MD resident. But also, for BATFE purposes, a resident of KS for firearms transfers/purchases.

So AD military can remain MD resident, purchase whatever they want in states they are on orders to.

Only thing is, they cannot bring anything that is banned in MD back to MD. Those have to stay outside state.

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