Another 10/1 HQL Scenario Question

[RRHemi]

Say you go buy a handgun now at a shop that is releasing after 8 days.
You pick up your gun before 10/1.

Since background is taking approximately 100 days, your ND would arrive after 10/1.

Do you have to get an HQL/fingerprinted?

 

[SWO Daddy]

Nobody knows yet to my knowledge.


A step further... what if you have a stripped lower (let's say an AR10 to simply things) at a dealer under the same circumstances? It's treated as regulated because you can make it a pistol technically. Do you need a HQL?

 

[DaemonAssassin]

Say you go buy a handgun now at a shop that is releasing after 8 days.
You pick up your gun before 10/1.

Since background is taking approximately 100 days, your ND would arrive after 10/1.

Do you have to get an HQL/fingerprinted?

As long as you have a purchase order/receipt for the weapon showing you purchased it before 10/1, they can not force you to get a HQL to pick it up. You are following the laws on the books before 10/1 because those are the ones that will apply to your purchase, even after 10/1. You can buy a regulated firearm every day up until 9/30, and as long as you space the pickups every 30 days, you will be able to pick up a regulated firearm until you finally take possession of all of your purchases.

 

[RRHemi]

The section (page 14) about purchase orders seems to apply only to assault long guns.

The section (page 27) covers handguns. It would seem the question becomes: If the dealer releases the gun to you before 10/1 is that when the actual transfer takes place? If so it would seem that an HQL is not required.

This brings up more questions:

Are they relying on dealers to check HQL requirements?
What happens when your HQL expires? Do you have to give up your stuff if you don't renew?

Senate Bill 281 Page 14

A PERSON WHO LAWFULLY POSSESSED, HAS A PURCHASE ORDER FOR, OR COMPLETED AN APPLICATION TO PURCHASE AN ASSAULT LONG GUN OR A COPYCAT WEAPON BEFORE OCTOBER 1, 2013, MAY CONTINUE TO POSSESS AND TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON

SENATE BILL 281 Page 27

(A) (B) A DEALER OR ANY OTHER PERSON MAY NOT SELL, RENT, OR
1 TRANSFER A HANDGUN TO A PURCHASER, LESSEE, OR
2 TRANSFEREE UNLESS THE PURCHASER, LESSEE, OR TRANSFEREE PRESENTS TO
3 THE DEALER OR OTHER PERSON A VALID HANDGUN
4 QUALIFICATION LICENSE ISSUED TO THE PURCHASER, LESSEE, OR TRANSFEREE
5 BY THE SECRETARY UNDER THIS SECTION.
6 (B) (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN
7 ONLY IF THE PERSON:
8(1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE
9 ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS
10 SECTION; AND

 

[fabsroman]

Exactly what is going to happen is impossible to know until MSP comes out with some regulations.

However, this really has been beaten to death. The transfer occurs when the dealer/FFL gives you the firearm. So, if you take possession of the firearm before October 1, 2013, then you should be alright. Heck, MSP doesn't even have to come back with a ND for years, if ever. It is only required by law to come back with a Disapproval within 7 days of receiving the application.

So, that covers handguns.

Now, for those of you under the assumption that you can place a purchase order for 100 assault weapons on September 30, 2013 and then receive one every 30 days for the next 100 months, I suggest you look at how a dealer can transfer those assault weapons to you. The law as it pertains to dealers is that a dealer may only sell, transfer, etc an assault weapon that is in his possession prior to October 1, 2013. So, if your assault weapon is not at your FFL on or before October 1, 2013, your FFL cannot transfer it to you and cannot even take possession of it whatsoever.

Criminal Law 4–303.
(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault [pistol] WEAPON into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault [pistol] WEAPON.
(b) (1) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before 26 August 1, 1994, may:
[(1)] (I) continue to possess AND TRANSPORT the assault pistol; or [(2)] (II) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.

(2) A LICENSED FIREARMS DEALER MAY CONTINUE TO POSSESS, SELL, OFFER FOR SALE, OR TRANSFER AN ASSAULT LONG GUN OR A COPYCAT WEAPON THAT THE LICENSED FIREARMS DEALER LAWFULLY POSSESSED ON OR BEFORE OCTOBER 1, 2013.

There is NO exception for a dealer to transfer an assault weapon to a customer that has a purchase order for it dated on or before October 1, 2013. Until there is some regulation out there stating that there is an exception for dealers to take possession of and transfer assault weapons for customers with purchase orders dated on or before October 1, 2013, operate under the assumption that if your assault weapon is not at your dealer/FFL by October 1, 2013, you are never getting said assault weapon.

 

[aireyc]

Say you go buy a handgun now at a shop that is releasing after 8 days.
You pick up your gun before 10/1.

Since background is taking approximately 100 days, your ND would arrive after 10/1.

Do you have to get an HQL/fingerprinted?

Everyone is addressing other aspects of the debate. To answer your specific question, no, you will not need to get the HQL/fingerprinted if you receive your gun lawfully after 7 days and before Oct 1. Once you take possession and sign the paperwork, the transaction is complete.

 

[DaemonAssassin]

The section (page 14) about purchase orders seems to apply only to assault long guns.

The section (page 27) covers handguns. It would seem the question becomes: If the dealer releases the gun to you before 10/1 is that when the actual transfer takes place? If so it would seem that an HQL is not required.

This brings up more questions:

Are they relying on dealers to check HQL requirements?
What happens when your HQL expires? Do you have to give up your stuff if you don't renew?

Senate Bill 281 Page 14

A PERSON WHO LAWFULLY POSSESSED, HAS A PURCHASE ORDER FOR, OR COMPLETED AN APPLICATION TO PURCHASE AN ASSAULT LONG GUN OR A COPYCAT WEAPON BEFORE OCTOBER 1, 2013, MAY CONTINUE TO POSSESS AND TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON

SENATE BILL 281 Page 27

(A) (B) A DEALER OR ANY OTHER PERSON MAY NOT SELL, RENT, OR
1 TRANSFER A HANDGUN TO A PURCHASER, LESSEE, OR
2 TRANSFEREE UNLESS THE PURCHASER, LESSEE, OR TRANSFEREE PRESENTS TO
3 THE DEALER OR OTHER PERSON A VALID HANDGUN
4 QUALIFICATION LICENSE ISSUED TO THE PURCHASER, LESSEE, OR TRANSFEREE
5 BY THE SECRETARY UNDER THIS SECTION.
6 (B) (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN
7 ONLY IF THE PERSON:
8(1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE
9 ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS
10 SECTION; AND

Exactly what is going to happen is impossible to know until MSP comes out with some regulations.

However, this really has been beaten to death. The transfer occurs when the dealer/FFL gives you the firearm. So, if you take possession of the firearm before October 1, 2013, then you should be alright. Heck, MSP doesn't even have to come back with a ND for years, if ever. It is only required by law to come back with a Disapproval within 7 days of receiving the application.

So, that covers handguns.

Now, for those of you under the assumption that you can place a purchase order for 100 assault weapons on September 30, 2013 and then receive one every 30 days for the next 100 months, I suggest you look at how a dealer can transfer those assault weapons to you. The law as it pertains to dealers is that a dealer may only sell, transfer, etc an assault weapon that is in his possession prior to October 1, 2013. So, if your assault weapon is not at your FFL on or before October 1, 2013, your FFL cannot transfer it to you and cannot even take possession of it whatsoever.

Criminal Law 4–303.
(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault [pistol] WEAPON into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault [pistol] WEAPON.
(b) (1) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before 26 August 1, 1994, may:
[(1)] (I) continue to possess AND TRANSPORT the assault pistol; or [(2)] (II) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.

(2) A LICENSED FIREARMS DEALER MAY CONTINUE TO POSSESS, SELL, OFFER FOR SALE, OR TRANSFER AN ASSAULT LONG GUN OR A COPYCAT WEAPON THAT THE LICENSED FIREARMS DEALER LAWFULLY POSSESSED ON OR BEFORE OCTOBER 1, 2013.

There is NO exception for a dealer to transfer an assault weapon to a customer that has a purchase order for it dated on or before October 1, 2013. Until there is some regulation out there stating that there is an exception for dealers to take possession of and transfer assault weapons for customers with purchase orders dated on or before October 1, 2013, operate under the assumption that if your assault weapon is not at your dealer/FFL by October 1, 2013, you are never getting said assault weapon.

Sorry guys, I stand corrected. Thanks for letting me know I was wrong with my info.

 

[RRHemi]

Thanks Gents!

 

[esqappellate]

Say you go buy a handgun now at a shop that is releasing after 8 days.
You pick up your gun before 10/1.

Since background is taking approximately 100 days, your ND would arrive after 10/1.

Do you have to get an HQL/fingerprinted?

Probably not. SB 281 prohibits the transfer on or after 10/1. Under your scenario, the transfer has been completed. Now, if the background comes back "disappoved," you (the buyer) can expect a visit from the MSP and handcuffs.