Are you allowed to lend a gun to a friend?

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  • justeric

    Active Member
    Apr 6, 2010
    377
    Hi All,

    I am about 99% sure you are not allowed to lend a hand gun to a friend. I would like to lend a gun to a friend to take home and use on the range at his leisure. He does not have an HQL either. OK, I know you think my account got hijacked. Please let me know if you are allowed to lend a gun in Maryland?

    Thanks All,
    Eric
     

    JMintzer

    Hoarding Douche Waffle
    Mar 17, 2009
    6,298
    SW MoCo/Free FL (when I can)
    image.jpg
     

    Darkemp

    Ultimate Member
    MDS Supporter
    Aug 18, 2009
    7,808
    Marylandistan
    Hi All,

    I am about 99% sure you are not allowed to lend a hand gun to a friend. I would like to lend a gun to a friend to take home and use on the range at his leisure. He does not have an HQL either. OK, I know you think my account got hijacked. Please let me know if you are allowed to lend a gun in Maryland?

    Thanks All,
    Eric

    Very bad idea just as a concept, and illegal in several different types of circumstances which you didn’t specify - anything happens you are in the jackpot and probably prohibited for life. Your friend should rent a gun at a range or buy his own.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    Instead of loaning a gun , walk your friend thru the proper steps in getting their own gun . And then help give some good instruction . This is just my suggestion .
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    DEFINITELY not if they do not have an HQL (if it is a handgun). I would lend a handgun to a friend who had an HQL. I have a close group of friends and we may or may not lend each other stuff all the time. Rifles and shotguns can lent to friends, though MD is trying to close that loophole because of all of the people in Maryland borrowing long guns to kill people....
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    (b) In general. 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.


    (c) Requirements. A person may purchase, rent, or receive a handgun only if the person:
    (1)
    (i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this
    section;
    (ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement
    agency;
    (iii) is an active or retired member of the armed forces of the United States or the National Guard and possesses
    a valid military identification card; or

    As I recall, the rent/transfer applies if the handgun leaves the property of the owner.

    So HQL not required to rent at a range, but if you rent to take home or to another location, you have to have an HQL.
     

    euler357

    ,
    Industry Partner
    MDS Supporter
    Apr 6, 2011
    584
    Odenton, Marylandistan
    Wasn't the definition of Transfer decided by: CHOW v. STATE

    "We find that the temporary gratuitous exchange or loan of a regulated handgun between two adult individuals, who are otherwise permitted to own and obtain a regulated handgun, does not constitute an illegal “transfer” of a firearm... ..."

    IANAL, but it seems like this defines a transfer as being different than a "temporary gratuitous exchange or loan."

    https://caselaw.findlaw.com/md-court-of-appeals/1123356.html
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    Yeah, the problem here is essentially "when does a temporary loan become a more permanent transfer?" There isn't a problem with loaning out a handgun temporarily, IMHO (albeit you could not rent it!). If you defined the duration of the loan in writing (even if it were just an email) as like "one month", I think that would probably solve the issue.

    Of course, this all assumes the friend can legally possess a handgun...
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Part of me wants to say it is a bad idea... but part of me wants to say, quit caring about stupid unconstitutional restrictions. Adults will need to make up their own minds about things.

    Yeah, but that’s not the world or country we live in.

    So, gonna go with bad idea. One thing if he was borrowing it for a very temporary purpose for a defined and short period of time. Such as borrowing it for a range trip to try it and then returning it. Fuzzy on the HQL vs not on temporary gratuitous exchange legality.

    At any rate an open ended loan to take it to the range whenever he wants is likely not going to be something a jury is going to be inclined to call temporary (and I’d bet a DA won’t).
     

    Slowhand

    Pre-Banned
    Dec 13, 2011
    1,869
    In a van, down by the river.
    so we tod itd. My friend who owned his handguns long before HQL existed, can't legally ask me to store his handguns while he has contractors in his home, or while he is moving...
    One a happy note, I walked past Delegate Atterberry and her family while carrying concealed a few days ago. That made me feel good.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,015
    Harford County
    There are very few people in this world that I'd lend my tools, my truck, my guns or money to.
    For my closest friends that I trust I'd have no qualms about loaning them a handgun.
     

    byf43

    SCSC Life/NRA Patron Life
    Instead of loaning a gun , walk your friend thru the proper steps in getting their own gun . And then help give some good instruction . This is just my suggestion .



    ^^^^^^^ This x300,000,000.

    I learned MANY years ago -

    1. Do NOT loan tools.

    2. Do NOT loan firearms. I had a very good friend (known this guy for 50+ years) ask to borrow my beloved S&W mdl 19-4 many years ago, for a mutual friend to use. He got extremely angry, when I said, "Mike. Tell Rick to send his wife over, for me to use, while you two go to the range."


    3. Do NOT loan your woman.

    The above mentioned items NEVER come back, in the same condition they left.

    Don't ask. Just TRUST ME on this.
     

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