Lending a handgun

[zombie killer]

I think I know the answer to his question, but you guys are the experts so I'll ask anyways...is there a problem with conceal carrying a handgun registered to someone else, (ie. I have a ccw and my carry gun is the xds which is stuck at Springfield for the foreseeable future, my friend has an xds to lend me, is that kosher?)
Ps. he lent me the gun last keek, so needing an HQL shouldn't be an issue, I think?

 

[huesmann]

IANAL, but as long as you aren't prohibited from possessing a handgun (and if you were you wouldn't be able to get a CCW), I think you should be OK.

 

[NateIU10]

The permit authorizes the holder to carry any handgun which he may legally own or possess

 

[j_h_smith]

But 281 states that you can not lend, rent, sell etc a handgun WITHOUT an HQL.

October 1st changed all the rules.


Jim Smith

 

[NateIU10]

But 281 states that you can not lend, rent, sell etc a handgun WITHOUT an HQL.

October 1st changed all the rules.


Jim Smith

Where are you getting this information? This is not a transfer or rental, and I would opine that the portions of the law regulating "receiving" a handgun are covering transfers of legal ownership also.

] (S) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

 

[teratos]

I wouldn't CCW a handgun not registered to me. It would be "legal", but may be a PITA.

 

[Mooseman]

It is legal.

 

[swinokur]

MD SCOTUS said gratuitous loans are legal. But 281 says an HQL is needed to even receive:

(B) (C) A PERSON MAY PURCHASE, RENT, OR RECEIVE A HANDGUN 7
ONLY IF THE PERSON: 8

(1) (I) POSSESSES A VALID HANDGUN QUALIFICATION LICENSE 9
ISSUED TO THE PERSON BY THE SECRETARY IN ACCORDANCE WITH THIS 10
SECTION; AND 11

so be careful. maybe seek the advice of an attorney.

ETA-get an HQL. No charge or training for current LTCH permittees.
.
.

 

[ddeanjohnson]

I think I know the answer to his question, but you guys are the experts so I'll ask anyways...is there a problem with conceal carrying a handgun registered to someone else, (ie. I have a ccw and my carry gun is the xds which is stuck at Springfield for the foreseeable future, my friend has an xds to lend me, is that kosher?)
Ps. he lent me the gun last keek, so needing an HQL shouldn't be an issue, I think?

I posed a somewhat similar scenario to the Maryland State Police last month, as one of a series of questions about whether a HQL would be required in various stituations. My "Scenario #2" involved a man temporarily lending his handgun to his girlfriend, until she was able to obtain a HQL and purchase her own handgun. On September 16, the commander of the Licensing Section at the Maryland State Police, Lt. John Cook, told me in an email, "A HQL would not be needed for Scenario 1 (temporary receipt for purposes of informal instruction or sporting purposes) and Scenario 2 (bona fide loans)." A fuller description of my questions and Lt. Cook's responses appears here: http://www.mdshooters.com/showthread.php?t=131928

 

[zombie killer]

Thanks for all your answers, gotta think about it. I don't want to lose my ccw/gun ownership rights over something dumb like borrowing a handgun without an HQL but I also don't want to wait forever for Springfield to get their stuff together to continue protecting myself.

 

[ddeanjohnson]

I don't want to lose my ccw/gun ownership rights over something dumb like borrowing a handgun without an HQL. . .

Aside from the fact that bona fide loans are not transfers and require no paperwork, if you hold a current Maryland carry permit, you will be issued a HQL upon request by filling out the appropriate form on the MSP website. No fee will apply.

 

[amoebicmagician]

MD SCOTUS said gratuitous loans are legal. But 281 says an HQL is needed to even receive:
so be careful. maybe seek the advice of an attorney.

ETA-get an HQL. No charge or training for current LTCH permittees.
.
.

Receive means to take permanent ownership

 

[Yoboney]

Thanks for all your answers, gotta think about it. I don't want to lose my ccw/gun ownership rights over something dumb like borrowing a handgun without an HQL but I also don't want to wait forever for Springfield to get their stuff together to continue protecting myself.

Case law shows that it is legal to loan a gun in Maryland so don't worry about it. The new law won't redo that.

 

[j_h_smith]

But as the attorney general has said MANY times in regard to interpreting 281, the Maryland State Police does not make policy.

Be careful,
Jim Smith

 

[swinokur]

Receive means to take permanent ownership

cite please.

 

[Tebonski]

So with this new law is it unlawful for a lawful handgun or "assault weapon", as defined by statute, owner to allow his son or daughter to handle or fire those regulated firearms without the son or daughter possessing a HQL? What about his wife? Can he take her to the range and let his wife shoot the Glock 19? Thanks.

 

[Yoboney]

So with this new law is it unlawful for a lawful handgun or "assault weapon", as defined by statute, owner to allow his son or daughter to handle or fire those regulated firearms without the son or daughter possessing a HQL? What about his wife? Can he take her to the range and let his wife shoot the Glock 19? Thanks.

That is absurd. If a son or daughter wants to take the gun to the range why would they need a permit if they are of legal age and not disqualified from possessing a firearm?

 

[Pinecone]

From the Summary of the Final SB281 thread:

In an email dated Sept. 16, 2013, MSP Lt. John Cook said, "A HQL would not be needed for Scenario 1 (temporary receipt for purposes of informal instruction or sporting purposes) and Scenario 2 (bona fide loans)."