Handgun purchase under what name?

[AlBeight]

Yes. Until tested. Though there was just a case about that where MGA passed a law to clean it up. A little.

On a federal level there is law. Loans across state lines have to be temporary in nature and ATF talks about that a little.

Basically you could loan a firearm for something like a range trip, hunting trip, things like that. Basically you are going to want a real identified beginning and end time and “short” in nature. Not “well so my buddy can take my AR to the range whenever he wants”. But more like “so my buddy could take it to the range to try it the once and give it back.”

If it got tested in Maryland, that will likely prove expensive to anyone who tests it.

And here would be that gray area-ish confusion I’m referencing.

 

[esqappellate]

even so, it's legal to give your wife/son/daughter or family member a handgun.
I don't have the actual law in front of me but I think it says you "may" do the transfer(paper work) but not required.
I'm sure others will correct me whether I'm right or wrong.

Wrong. Sorry. It is legal to loan it to a non prohibited person (probably — not entirely clear) but a permanent transfer must go through the 77r process and the transferee must have an HQL. Look at Md Code Public Safety 5-117.1(b), (c)

 

[pre64hunter]

Wrong. Sorry. It is legal to loan it to a non prohibited person (probably — not entirely clear) but a permanent transfer must go through the 77r process and the transferee must have an HQL. Look at Md Code Public Safety 5-117.1(b), (c)

Thanks, I deleted my post as not to cause confusion and misinformation.
But, looking at the MD code mentioned, I don't see where it says you must register it or do the paperwork if gifted to a family member, just that the person has to have an HQL.

 

[DC-W]

Thanks, I deleted my post as not to cause confusion and misinformation.
But, looking at the MD code mentioned, I don't see where it says you must register it or do the paperwork if gifted to a family member, just that the person has to have an HQL.

See Md. Public Safety § 5-136

(a) (1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser’s spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

https://mgaleg.maryland.gov/mgawebs...section=5-136&enactments=False&archived=False

 

[esqappellate]

See Md. Public Safety § 5-136


https://mgaleg.maryland.gov/mgawebs...section=5-136&enactments=False&archived=False

See also MD Code, Public Safety, § 5-124, which provides:
(a)(1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is orwarded by a licensee
to the Secretary.
(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law
enforcement agency.

 

[noloader]

I’m definitely no expert on this, but isn’t there some legal distinction (or at least discussion and gray area-ish confusion) regarding the “loaning” being considered a “transfer”?

The word "loan" is not used in the language of the statutes. The three important words seem to be "purchase," "rent," and "transfer." The word "possess" is used later, but it is not introduced until §5–102. See Maryland Public Safety Code §5–101 et seq.

Here's the relevant text of §5–101 (j):

(j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.

I think the closest definition to "loan" is "rent." A rented gun is not permanently transferred. However, for the statutes, it does mean the gun leaves the property of the owner.

Here's the relevant text of §5–101 (s):

(s) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

I think the definition is why places like Cindy's Hot Shots can rent you a gun for the range even if you don't have a HQL. The gun never leaves the property, so it is not rented according to §5–101.

And earlier in the thread, I think folks were talking about §5–117.1 (b):

(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.