Does an out of state resident need HQL to posses handgun in MD?

[JMoon]

My father is a VA resident, but he lives in MD. Does he need an HQL if he buys a handgun in VA but possesses it in MD? Sorry if this has been covered.

 

[rseymorejr]

An HQL is only needed to buy. I doubt a non-Maryland resident would be issued an HQL.

 

[swinokur]

A VA resident can't buy a handgun in MD anyway.

 

[ken792]

There's a registration requirement for people who move into MD for their handguns (and regulated long guns possessed before 10/1). Tell your friend to read the law to determine the specifics.

 

[ken792]

I would think that it would be just fine, since he is a dual resident, but you should probably call MSP licensing just to be safe (and hope that they actually know the law and aren't making things up).

 

[swinokur]

Or call an attorney. there are 3 here that are IP's. If he has not established residency, it would seem legal, but

IANAL

 

[swinokur]

As others have said, don't get legal advice on the Internet. Sometimes MSP doesn't give correct info, but it's a start.

 

[Fox123]

Is there actually such thing as "dual residency" you state in the OP he lives in MD making MD his primary state of residence. I would imagine MSP will tell him that he should have registered his vehicle and license etc etc when he moved here

 

[swinokur]

That's what I was wondering. Unless he's military, how does that work?

 

[spclopr8tr]

The state of MD has various definitions of what constitutes residents. http://taxes.marylandtaxes.com/Reso...es/Income_and_Estate_Tax_Releases/ar_it37.pdf
If your father "lives" in MD, he may be considered a MD resident if MD is his domicile. In that case, if MD considers him a MD resident and he has not declared residency (like getting driver's license) there could be penalties for failing to register and for failing to pay MD taxes if he lives in MD 183 days a year or greater. I would recommend he contact a MD attorney conversant in residency issues if he wants to stay on the up and up. But back to the handgun kept in his second home in MD, IANAL but I think it would be fine as long as he isn't a MD resident. But if he declares MD residency, he has 90 days to register all regulated firearms. But no HQL would be required--only for purchasing new pistols in MD.

 

[spclopr8tr]

Is there actually such thing as "dual residency" you state in the OP he lives in MD making MD his primary state of residence. I would imagine MSP will tell him that he should have registered his vehicle and license etc etc when he moved here

Right. That was my concern as well. Unless he is active duty military, the way I read it, if he "lives" in MD 183 days or more a year, he is a resident, declared or otherwise.

 

[spclopr8tr]

ok, I will tell him to call MSP. Just wanted to see if I could get a quick, definitive answer on here first. Thanks!

If you call the MSP, call three times and see how many answers you get to the same question. Their track record for advice seems inconsistent at best.

 

[Pinecone]

My family had friends that moved to DE, but kept their MD home. They had to document every day they "lived" in DE versus MD. Otherwise they were considered MD residents. Especially for tax purposes.

 

[BigDaddy]

My family had friends that moved to DE, but kept their MD home. They had to document every day they "lived" in DE versus MD. Otherwise they were considered MD residents. Especially for tax purposes.

Whoa! They are in for a rude surprise when they sell their MD home.
Would you believe 7% of the sale prices is withheld for taxes?
http://taxes.marylandtaxes.com/Busi...olding_for_Nonresident_Sale_of_Property.shtml