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  • tosburne

    Member
    Jan 3, 2022
    2
    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!
     

    Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,152
    Carroll County
    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!

    He doesn't need anything at all, since I presume he's active or reserve at the moment.

    ID card holders (active, reserved, retired) are exempt from the HQL.

    Vets who did not retire are exempt from the training.



    When he does the transfer he will need his ID card number for the paperwork, it will ask for it.
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    I should point out that the HQL is needed to PURCHASE, not to OWN a handgun.

    I won't get too off topic with a rant about the preconceived notion that an HQL is necessary to legally own a handgun being exactly what the gun grabbers want, just like how most of the population thinking that suppressors and machine guns are illegal.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    I should point out that the HQL is needed to PURCHASE, not to OWN a handgun.

    I won't get too off topic with a rant about the preconceived notion that an HQL is necessary to legally own a handgun being exactly what the gun grabbers want, just like how most of the population thinking that suppressors and machine guns are illegal.

    Maybe you should explain. People make a purchase in order to OWN something. So unless you are exempt, jigging an 80, or are inheriting a regulated firearm in the state of Maryland you NEED an HQL to OBTAIN and OWN a typical handgun.
    The HQL leads to OWNERSHIP. If the guy wasn't active duty(making him exempt) the HQL would enable him to OWN that pistol.

    I guess you are just voicing your WWNC thoughts on firearm ownership and just need to vent.
     

    eruby

    Confederate Jew
    MDS Supporter
    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!
    When/where was the 1911 gifted? Does he legally own the 1911 now, or will be his "in time" (Exorcist reference).

    Is he a Maryland resident?

    Not enough details to say 100% in re HQL



    Maybe you should explain. People make a purchase in order to OWN something. So unless you are exempt, jigging an 80, or are inheriting a regulated firearm in the state of Maryland you NEED an HQL to OBTAIN and OWN a typical handgun.
    The HQL leads to OWNERSHIP. If the guy wasn't active duty(making him exempt) the HQL would enable him to OWN that pistol.

    I guess you are just voicing your WWNC thoughts on firearm ownership and just need to vent.
    That's sounds very gay (not that there's anything wrong with that).

    C&Rs weep (though you dis say "typical").

    :D
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    Maybe you should explain. People make a purchase in order to OWN something. So unless you are exempt, jigging an 80, or are inheriting a regulated firearm in the state of Maryland you NEED an HQL to OBTAIN and OWN a typical handgun.
    The HQL leads to OWNERSHIP. If the guy wasn't active duty(making him exempt) the HQL would enable him to OWN that pistol.

    I guess you are just voicing your WWNC thoughts on firearm ownership and just need to vent.

    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?
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    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.

    So this pistol does not need to be transferred to him from the person who purchased it for him?

    It's a simple yes or no question.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    Who said anything.about a purchase?

    The OP said his son was gifted a 1911.
    A gift needs to be transferred.
    This isn't pre 1996.

    So, I can go into a gun store, and buy a pistol telling them that I'm gifting it to my daughter? Cool.
     

    eruby

    Confederate Jew
    MDS Supporter

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    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Son is at Fort Riley. For Riley is in KS.

    Active Duty military, for the purpose of obtaining a handgun, can do so legally in the state of legal residence, and the state where they are stationed.

    So the first question is, where was the gifting done?

    If not in MD, HQL does not apply.

    If in MD, he is exempt from HQL as Active Duty Military (also applies to Active Reserves and Retired).
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    A gift needs to be transferred.
    This isn't pre 1996.

    So, I can go into a gun store, and buy a pistol telling them that I'm gifting it to my daughter? Cool.

    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.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    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:. In Maryland, (a small backwards useless worthless state) in MOST (but not all) cases a gift must go through an FFL.



    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.
    Your are assuming the guy has even been in the same room as the pistol yet.

    You're ridiculous. So in hindsight, this guy already legally gifted this pistol but now he's asking how to do it?

    How did he gift this regulated firearm to his son?
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    Your are assuming the guy has even been in the same room as the pistol yet.

    You're ridiculous.

    You are assuming he hasn't.

    You are also assuming something illegal has happened.

    And assuming that you know better what the OP was asking instead of the OP him/her self.


    Happily, your logic is so flawed that you calling me ridiculous is a compliment

    I have made no assumption to that end, as evidenced by my mentioning an interfamily transfer or bequethment as possibilities. Maybe he has, maybe he hasn't. Irrelevant to the question of whether or not the son (an active duty soldier in another state) needs an HQL to own a gifted 1911.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    You are assuming he hasn't.



    You are also assuming something illegal has happened.



    And assuming that you know better what the OP was asking instead of the OP him/her self.





    Happily, your logic is so flawed that you calling me ridiculous is a compliment



    I have made no assumption to that end, as evidenced by my mentioning an interfamily transfer or bequethment as possibilities. Maybe he has, maybe he hasn't. Irrelevant to the question of whether or not the son (an active duty soldier in another state) needs an HQL to own a gifted 1911.
    Needing an hql for that isn't the dispute.
    For him to actually take possession of his GIFT needs a legal transfer. He is NOT EXEMPT from the transfer.
    But conflate shit with your semantics.
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    Needing an hql for that isn't the dispute.
    For him to actually take possession of his GIFT needs a legal transfer. He is NOT EXEMPT from the transfer.
    But conflate shit with your semantics.

    Prove the transfer wasn't legal, you are assuming it wasn't.

    Prove it even happened in this state, you are assuming it did.

    And try to remember that there is a country and a world that exists outside of Maryland

    For example:. In Kansas, private parties can sell (or gift) handguns to one another legally so long as they are both residents of the state(and not otherwise prohibited) The son, stationed in Kansas, is included in this because he is military stationed there.

    The son comes home on Christmas leave with his 1911 and has his father hang on to the gun because that is a lot easier than checking it in on base.

    Legal transfer in Kansas, and because the father has an HQL(which he mentioned) and the son is having his father store it(at best a loan).....there was no transfer in Maryland, and certainly not an illegal one.

    When the son comes back home, he can take possession of his legally aquired handgun without an HQL....because he already owns it legally.

    I don't assume this is what has happened, but it is a reasonable course of events.

    So illuminate me as to what laws were broken? Again, just. because Maryland has its head up its own ass regarding firearms, doesn't mean that the rest of the country does too. You would do well to try to remember that before pointing fingers.
     

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