100 day wait, and 01Oct13

[m32]

I can also envision lawsuits against ffl's. Someone purchases now but doesnt get ND before 10/1 and for whatever reason cant get the permit. They might sue if their ffl had refused to release after 8 days claiming the ffl harmed them/denied their right. I certainly am glad I am not an ffl in this mess.

 

[whistlersmother]

The agency in charge of promulgating the regulations pertaining to the HQL form could drag its feet for months or more thus creating a de facto handgun ban after October 1, 2013 since a handgun cannot be sold, rented, or transferred without the HQL. I hope I'm wrong.

Me: I want to buy a S&W 686 - what do I need?
MD: You need a license to buy/receive the handgun - an HQL.
Me: Okay, what do I need to get this HQL.
MD: Oh, we don't give those out - you can't get one.
Me: Well, isn't that unconstitutional?
MD: No, you just need to get the HQL and we provide that, so its constitutional.

ad infinitum.

 

[smokey]

this sounds like a job for! duh....duh-duh-duh!!!.....the black market!

I wonder how the rate of straw purchases and ftf sales of regulated firearms is going to change...

 

[Mr H]

I can also envision lawsuits against ffl's. Someone purchases now but doesnt get ND before 10/1 and for whatever reason cant get the permit. They might sue if their ffl had refused to release after 8 days claiming the ffl harmed them/denied their right. I certainly am glad I am not an ffl in this mess.

I really can't see the FFLs being subject to suit here...

Unless they are told by MSP they MUST release, they are not bound to do so.

"MAY" is the big word in all this.

 

[MdTiger]

The HQL issue might get me. I just won an auction for a pistol and hope to have the paperwork filed within a week. Which is right at the magic 100 day window. Sounds like I would be getting a call around 10/2 to pickup and then it's "Oh wait, you can't take possession after 10/1 without the new and improved HQL" Go sign up for a class, which isn't defined, then submit that paperwork to MSP. Wait some more. Get notified that I'm not a criminal, but let's have some fingerprints, and some more cash, and go wait some more. THEN, maybe I can claim what I purchased in June.

Sound about right?

So does my existing Firearms Safety Training Course Certificate mean anything after October 1st?

 

[platekiller]

I think this might be where a huge lawsuit happens. When you can't buy a pistol because the procedure isn't in place.

Also I think we might see all dealers release after 8 days in late September just so they don't get stuck in this grey area.

Personally I am not worrying about pistols until after October. You can get them after, but not EBR's.

 

[gmkoh]

this sounds like a job for! duh....duh-duh-duh!!!.....the black market!

I wonder how the rate of straw purchases and ftf sales of regulated firearms is going to change...

There will be no way to tell, since most of the guns used in homicides are not recovered. The state, per testimony by the Baltimore City attorney and the PG county attorney during the sb281 hearings has no idea how many straw purchases happen in MD now. let alone in the future. And they certainly do not prosecute them- I think the states attorney admitted to only 12 straw purchase prosecutions in the last 10-12 years.

Another note- I read that the MSP have assured the governor and the state that processes will be in place before Oct 1 for the HQL. Not sure I believe that, but that's what the MSP said. Maybe they are training instructors now and secretly building ranges? On the other hand- with all the exemptions (military, LEO,prior regulated firearms purchase) is it possible that the only thing being overwhelmed will be the fingerprinters)? Oh, and the administrators to process the Licenses?

 

[KD999]

I posed this question to a FFL and he agrees an HQL will be required to "transfer" a firearm after 10/1. This is why they are slowing down to a crawl IMO. Dealers won't be required to give a refund because they are following the law and have the product as advertised. This is gonna get ugly. Luckily I used my DC to get my FFL to do an 8th Day Release but I have another that should be ready in a couple more weeks. This is unbelievable.

 

[Gbh]

I posed this question to a FFL and he agrees an HQL will be required to "transfer" a firearm after 10/1. This is why they are slowing down to a crawl IMO. Dealers won't be required to give a refund because they are following the law and have the product as advertised. This is gonna get ugly. Luckily I used my DC to get my FFL to do an 8th Day Release but I have another that should be ready in a couple more weeks. This is unbelievable.

I view "transfer" a little different.

Sell - money received for the purchase of a firearm to a new owner. Firearm "sold" to a customer.

Rent - money received the the lease and of a firearm without change of ownership. Firearm "rented" to a customer.

Transfer - no money received for the transfer of ownership of a firearm. Firearm "given" to a customer.

The act of physically changing possession of a firearm from a dealer to a customer after a sale is made is not the purpose of the "transfer" language in my opinion. The transfer language is there to cover the act of giving a firearm to a customer without sale or rental. It is there to plug a loophole of firearm ownership change with no money changing hands.

Again, just my opinion.

 

[Javantalith]

Would this be a work around? Since threaded barrels are a no no after oct 1st if you got a version of the handgun with it would it not qualify as a banned weapon thus you could pick it up after oct 1 without having to go through all the BS.

 

[Abacab]

Would this be a work around? Since threaded barrels are a no no after oct 1st if you got a version of the handgun with it would it not qualify as a banned weapon thus you could pick it up after oct 1 without having to go through all the BS.

There is no ban on pistol features.