ddeanjohnson
autodidact
- Aug 21, 2010
- 801
I and others have written elsewhere about the general requirements for obtaining a "Handgun Qualification License" (HQL), about particular exemptions to the requirement for a HQL, particular exemptions to the general training requirement, etc. The purpose of this thread is to report on very specific question that has been raised by individuals who hold Maryland carry permits, and who tell us that they have received confusing or conflicting information regarding what their status will be with respect to the HQL requirements. Yes, I know that this is an issue that directly affects relatively few people in Maryland. Still, a number of people have raised the question, including a friend of mine who actually has a carry permit because he carries large cash deposits. It seemed to me the kind of question to which a definitive answer really ought to be available by this point, so I set out to see if I could get one.
SB 281 states as follows: "The Secretary [of the Maryland State Police] may issue a Handgun Qualification License, without an additional application or fee, to a person who: (1) meets the requirements for issuance of a permit under this section [i.e., a carry permit]; and (2) does not have a handgun qualification license issued under Sec. 5-117.1 of this Title."
A draft regulation that the MSP posted on its website on September 5, 2013, reads as follows: "A person who has a valid permit issued under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland may submit a written request to the Secretary for a Handgun Qualification License without submitting the Handgun Qualification License application or fee of Regulation .28 of this chapter."
It was not clear to me, from reading the proposed regulation, whether a HQL license will be issued in every case, upon the submission of such a "written request" by a carry permit holder, or whether such requests would be evaluated individually based on some unpublished criteria. Therefore, I submitted an inquiry on this point to MSP Lieutenant John G. Cook, commander of the Licensing Section, which is part of the MSP Licensing Division, stating that I intended to disseminate his response. On September 7, 2013, Lt. Cook responded as follows:
Careful readers will note that the draft regulation and Lt. Cook's response are not in perfect harmony -- the draft regulation says that the permit holder requests the HQL "without submitting the Handgun Qualification License application," while Lt. Cook says that "carry permit holders will also apply for the HQL . . " But I interpret this as merely an minor imprecision in expression. The statute and draft regulation both specify that when the Secretary employs this particular "may issue" authority, the HQL will be issued without submission of the general HQL application form or payment of the HQL fee. Thus, my interpretation is that the permit holder will basically check one box -- a box requesting issuance of a HQL on grounds that he or she already holds a valid carry permit, enter his permit number, and press "submit." He will then be sent a HQL without further action being required on his part. The key part of Lt. Cook's response is that MSP policy will be that if the requester indeed already holds a valid carry permit, "a HQL will be issued," period.
I am aware that a few other inquirers report that they have received responses from lower-ranking MSP officers that, in my opinion, conflict with the plain language of the statute, the draft regulation, and the Cook response. I have no explanation for these reports. I believe that the sources that I cite above are based on greater authority and justify posting this report-- although I suppose that everything is subject to change, at least until October 1.
SB 281 states as follows: "The Secretary [of the Maryland State Police] may issue a Handgun Qualification License, without an additional application or fee, to a person who: (1) meets the requirements for issuance of a permit under this section [i.e., a carry permit]; and (2) does not have a handgun qualification license issued under Sec. 5-117.1 of this Title."
A draft regulation that the MSP posted on its website on September 5, 2013, reads as follows: "A person who has a valid permit issued under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland may submit a written request to the Secretary for a Handgun Qualification License without submitting the Handgun Qualification License application or fee of Regulation .28 of this chapter."
It was not clear to me, from reading the proposed regulation, whether a HQL license will be issued in every case, upon the submission of such a "written request" by a carry permit holder, or whether such requests would be evaluated individually based on some unpublished criteria. Therefore, I submitted an inquiry on this point to MSP Lieutenant John G. Cook, commander of the Licensing Section, which is part of the MSP Licensing Division, stating that I intended to disseminate his response. On September 7, 2013, Lt. Cook responded as follows:
Carry permit holders will also apply for the HQL through the automated process and upon verification of the permit, a HQL will be issued.
Careful readers will note that the draft regulation and Lt. Cook's response are not in perfect harmony -- the draft regulation says that the permit holder requests the HQL "without submitting the Handgun Qualification License application," while Lt. Cook says that "carry permit holders will also apply for the HQL . . " But I interpret this as merely an minor imprecision in expression. The statute and draft regulation both specify that when the Secretary employs this particular "may issue" authority, the HQL will be issued without submission of the general HQL application form or payment of the HQL fee. Thus, my interpretation is that the permit holder will basically check one box -- a box requesting issuance of a HQL on grounds that he or she already holds a valid carry permit, enter his permit number, and press "submit." He will then be sent a HQL without further action being required on his part. The key part of Lt. Cook's response is that MSP policy will be that if the requester indeed already holds a valid carry permit, "a HQL will be issued," period.
I am aware that a few other inquirers report that they have received responses from lower-ranking MSP officers that, in my opinion, conflict with the plain language of the statute, the draft regulation, and the Cook response. I have no explanation for these reports. I believe that the sources that I cite above are based on greater authority and justify posting this report-- although I suppose that everything is subject to change, at least until October 1.
Last edited:
