WARNING! FIREARM PURCHASE WITHOUT HQL AFTER OCT. 1st VIOLATES THE LAW

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  • JettaRed

    Ultimate Member
    Mar 13, 2013
    1,138
    Middletown
    ...

    There is NOTHING keeping PG, Baltimore City, Baltimore County, Mont. etc from coming back and charging you within a year and a day of your purchase.

    Actually, there may be. Code of Public General Laws (Statutes) of Maryland §5–133 and §5–134 prohibit local governments from regulating the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of handguns, rifles, shotguns and ammunition, with some exceptions. Those exceptions apply mainly to minors and locations in close proximity to places of public assembly.

    This is best left to a lawyer.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Actually, there may be. Code of Public General Laws (Statutes) of Maryland §5–133 and §5–134 prohibit local governments from regulating the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of handguns, rifles, shotguns and ammunition, with some exceptions. Those exceptions apply mainly to minors and locations in close proximity to places of public assembly.

    This is best left to a lawyer.

    Local Police can enforce STATE LAW.

    The counties aren't making their own...they are enforcing the books.
     

    annihilation-time

    MOLON LABE
    Jun 14, 2010
    5,043
    Hazzard County!
    When California was in the same backlog predicament, the police did and said the same thing outside of the law passed by their legislature ... after the Brady Bunch lawsuit, they were required by the court to go back and CONFISCATE all guns approved & released in the overlap period.

    You would think MSP knows this happened

    Maybe MSP wants a practice run at confiscation. Test the waters out a little.
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    This would be a TON of guns to confiscate if that is really the case here.

    Not really. How many handgun purchases will not have been transferred before 10/1 before this call for illegal activity?

    Most FFL's were going to ON TIME release. People had planned and purchased for pre-10/1 receive and would have completed the transfers prior to 10/1.
     

    KingGeorge

    Banned
    BANNED!!!
    May 30, 2013
    523
    Would it be reasonable for dealers to hold off on 8 day release for those who don't have a recent ND or any ND at all? Because some folks at a gun shop name relco I fear are going to put guns in the wrong hands doing 8th day release. That I'm sure the police will come after them and take the guns back. I seen all kind of thugs in there buying guns. 8th day release is getting dicey as is.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Not really. How many handgun purchases will not have been transferred before 10/1 before this call for illegal activity?

    Most FFL's were going to ON TIME release. People had planned and purchased for pre-10/1 receive and would have completed the transfers prior to 10/1.

    The number has to be somewhat substantial. There are still plenty of FFLs that aren't releasing when the law allows them to. The MSP is just now getting to June.
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    The number has to be somewhat substantial. There are still plenty of FFLs that aren't releasing when the law allows them to. The MSP is just now getting to June.

    Would be interesting statistics.

    How many of the outstanding apps have been transferred already?

    How many purchases are made and transferred under this new call?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    I personally would love to see someone arrested for this......what a fuster cluck for the State.
     

    Mr H

    Banana'd
    Not really. How many handgun purchases will not have been transferred before 10/1 before this call for illegal activity?

    Most FFL's were going to ON TIME release. People had planned and purchased for pre-10/1 receive and would have completed the transfers prior to 10/1.

    Agree...

    The only people exposed here are the ones who purchased in the last week or so.

    My recommendation to anyone in the lurch is to forego the desire to take possession.
     

    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    wow! something to put on Facebook, wish i knew how.

    We here at AGC are aware of the September 24, 2013, Maryland State Police press release notifying the public that MSP would not enforce the HQL provisions against purchasers who had their paperwork in before October 1, 2013, irrespective of when they actually take possession of their handgun. We strongly discourage anybody from relying on that press release when purchasing and receiving a handgun. The press release is contradicted by an opinion from the Attorney General’s office that an HQL would be required for taking possession of a handgun on or after October 1, 2013 no matter when their paperwork was filed. Furthermore, even if the Maryland State Police do not enforce the law, it is still a law, on the books, with criminal penalties attached to its violation. Receiving a firearm without an HQL after October 1, 2013 is a violation of SB 281, and nothing would stop some other law enforcement agency from bringing charges under its provisions. Conviction for violation of the HQL provisions could result in both criminal penalties and loss of gun rights.

    This is not legal advice. You are advised to consult with your attorney.

    AG Opinion Letter
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    Would be interesting statistics.

    How many of the outstanding apps have been transferred already?

    How many purchases are made and transferred under this new call?

    300+ per day? ... isn't that the number they are quoting now?

    So roughly at a minimum 300 X 8 days would fall into the gap, ~2,500 or so plus those at more than 8 days at non release FFL's and poor suckers that just can't or didn't pick up at 8 days.

    If 20% of FFL's are not doing 8 day release and there are 40k in the backlog, thats another 8,000 potential victims
     

    Mr H

    Banana'd
    300+ per day? ... isn't that the number they are quoting now?

    So roughly at a minimum 300 X 8 days would fall into the gap, ~2,500 or so plus those at more than 8 days at non release FFL's and poor suckers that just can't or didn't pick up at 8 days.

    If 20% of FFL's are not doing 8 day release and there are 40k in the backlog, thats another 8,000 potential victims

    Maybe more than that exposed... but if they hold off picking up until getting the HQL, then they're OK.

    Maybe we've answered that question now. People may just need to flood the system with HQL apps.

    It would be the first-time/anxious buyer who's most likely to jump the gun and get their firearm "too soon" who'd be the first [potential] victims.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    300+ per day? ... isn't that the number they are quoting now?

    So roughly at a minimum 300 X 8 days would fall into the gap, ~2,500 or so plus those at more than 8 days at non release FFL's and poor suckers that just can't or didn't pick up at 8 days.

    If 20% of FFL's are not doing 8 day release and there are 40k in the backlog, thats another 8,000 potential victims


    I'm going to go out on a limb and say the guys doing 8th day release are a bit busier than the FFL's who won't. Not that they aren't busy, I'm sure they are.
     

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