does wife need hql after Oct 1 to use my gun at the range ?

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  • iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    Now that is a fantastic question and one I have not heard before.

    Is this RECEIVING a handgun?

    Can it fall under RENTING if his wife gives him a dollar?
     

    mikey6480

    Active Member
    Aug 6, 2011
    257
    no she doesn't. If you search these boards you will find several conversations about the term "renting" in SB281. Renting, or in this case borrowing, would only apply if she left the range with the gun w/o you. You, and anybody else, will still be able to go to On Target and rent whatever guns they have all day long with no HQL.
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    Nope.

    This also came up under renting a handgun at a range. No HQL is required since it's not leaving the premises.

    Since this is not a scenario that involves "renting" as defined by the law, the question of leaving the premises is not pertinent. The Maryland State Police interpret the law not to require a Handgun Qualification License for either temporary receipt for purposes of informal instruction or sporting purposes, or for bona fide loans. For further discussion, see: http://www.mdshooters.com/showthread.php?t=131928&highlight=temporary+loan

    The bottom line is, she does not need the HQL to borrow your gun, on premises or off premises.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,358
    she doesn't have a gun she just uses mine when we go to the range and wasn't sure if she could still do that after Oct1 .

    If you have more than one regulated firearm you might want to transfer one of them to your wife TODAY! You can do that as a gift to your wife at any Maryland State Police Barracks at no charge, you and she just need to fill out the paperwork but it must be done today Sept 23 so you can physically give her the gun on Sept 30th (Seven day wait including the day the paperwork is submitted). She will need to take the online State Police Safety course before you go to fill in the paperwork and Don't take the gun in to the barracks until they tell you to.

    Why would you want to do this? To save her the trouble of taking the Handgun Qualification Class to get her HQL in the future (owners prior to Oct. 1st are exempt). She will need a HQL in the future to inherit your guns if you die.
     
    Last edited:

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    If you have more than one regulated firearm you might want to transfer one of them to your wife TODAY! You can do that as a gift to your wife at any Maryland State Police Barracks at no charge, you and she just need to fill out the paperwork but it must be done today Sept 23 so you can physically give her the gun on Sept 30th (Seven day wait including the day the paperwork is submitted). She will need to take the online State Police Safety course before you go to fill in the paperwork and Don't take the gun in to the barracks until they tell you to.

    Why would you want to do this? To save her the trouble of taking the Handgun Qualification Class to get her HQL in the future (owners prior to Oct. 1st are exempt). She will need a HQL in the future to inherit your guns if you die.

    First, I agree to be on the safe side, if one is doing a spouse or family member transfer, to get it done tonight for reasons that you've listed

    However there may be flexibility in how the MSP interpret when the transfer date is. I did a transfer at the Frederick Barracks yesterday and after a quick phone call, the officer instructed my wife and I to not only sign and date (9/22) at the bottom left of the 77R in the application date field, but to do the same in the bottom right field for the transfer date. COMAR indicates that the 77R can be sent 5 days after the transfer of a regulated firearm to a family member ...

    http://mgaleg.maryland.gov/webmga/f...on=5-136&ext=html&session=2013RS&tab=subject5
    http://www.mdgunsafety.com/mspfaq.htm

    The implication is that one legally transfers the firearm immediately to the family member and has up to 5 days to have paperwork submitted. Thus, one could potentially argue that the transfer was a few days before you visited the barracks to do the paperwork - but the form doesn't really allow this as one needs to sign/date when the transfer occurs (and you've just received the form) - and your helpful MSP officer that supports the interpretation as I've written might frown on the back dating.

    So it is conceivable that one could do spousal transfers at the barracks up to 9/30, but to not take chances, I would agree with Blacksmith101, and suggest you go in tonight if possible.

    EDIT: and make sure that the family member (over 21) does the online training here ... http://www.mdgunsafety.com ... and prints out the certificate to take the cut out card with you to the police barracks. You no longer need to mail in the top half of the certificate as the electronic record is created for the MSP after completion of the 20-30 minute online course. The low bandwidth course is faster having seen people do both recently.

    EDIT #2: heh, post .223 for me. :)
     

    ddeanjohnson

    autodidact
    Aug 21, 2010
    801
    [Your wife] will need a HQL in the future to inherit your guns if you die.

    This is erroneous, according to the Maryland State Police. I inquired about inheritance of handguns earlier this month, and this is the answer that I received, paraphrased, from MSP Lt. John Cook, commander of the Licensing Section: Handguns may be passed on by inheritance to Maryland residents who do not possess a Handgun Qualification License (HQL). This is because Public Safety Article Title 5 (Firearms), Subtitle 1 (the subtitle containing the laws on regulated firearms), contains a provision that specifies that Subtitle 1 "does not apply" to certain things, one of these being "(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm. . ." This is not new language from SB 281, but longstanding law. Lt. Cook wrote: "Because inheritance is generally exempted from the Subtitle 1, it is exempted from the HQL requirement." (Source: Email, Sept. 16, 2013)
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    23,105
    Socialist State of Maryland
    Will someone please tell me how the HQL will keep the next wimpy nerd on prescription drugs from killing a bunch of innocent people? I must of missed that part when the anti's were testifying. :rolleyes:
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,358
    This is erroneous, according to the Maryland State Police. I inquired about inheritance of handguns earlier this month, and this is the answer that I received, paraphrased, from MSP Lt. John Cook, commander of the Licensing Section: Handguns may be passed on by inheritance to Maryland residents who do not possess a Handgun Qualification License (HQL). This is because Public Safety Article Title 5 (Firearms), Subtitle 1 (the subtitle containing the laws on regulated firearms), contains a provision that specifies that Subtitle 1 "does not apply" to certain things, one of these being "(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm. . ." This is not new language from SB 281, but longstanding law. Lt. Cook wrote: "Because inheritance is generally exempted from the Subtitle 1, it is exempted from the HQL requirement." (Source: Email, Sept. 16, 2013)

    Thank you for your correction. However I prefer to be cautious and it is simple step now that could save problems later. My wife is now exempt from the HQL training whether she ever needs it or not.
     

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