Post Oct 1st: HQL's Used As a Barrier to Timely Releases?

[Publius]

Vincent DeMarco wrote a letter to the BS paper today regarding the news that most Maryland gun dealers gave up waiting four months for an ND. He says in the letter something nuanced and outrageous, that probably will make it easier to beat the HQL's in court if he is right. He says that the HQL will prevent timely releases of regulated firearms. How? Because you will need an HQL to buy your first handgun after Oct 1st, and given that you will only receive your HQL once the MSP is done with the background check (according to him, not me), you will have to wait whatever time it takes the MSP to run the background check. In other words, DeMarco is saying the lack of HQL's will prevent dealers from doing timely releases post Oct 1st. If it takes four months to issue you an HQL, no dealer in the state of Maryland will be able to transfer you the handgun until you get the HQL.

DeMarco said some very stupid things about SB281 during the legislative process, and he could be wrong here too. Namely, he could be wrong in saying the MSP will run a complete background check before issuing an HQL. If the HQL is more like a Training Course Certificate of Completion on steroids, it merely represents that you have been fingerprinted and, in some cases, that you have taken the four-hour training course. MSP background checks may only happen when you attempt to purchase a handgun, not when you request your HQL. If that is the case then issuing an HQL's might be a quick first step and dealers could still release in a timely manner a handgun you are buying while the MSP takes an inordinate amount of time to run a background check.

DeMarco's letter here:
http://www.baltimoresun.com/news/opinion/readersrespond/bs-ed-gun-sales-20130807,0,5186671.story

To read the BS paper, either do Ctrl+Shift+N to navigate the site from an incognito window (Chrome) or press Esc once you see the text. Otherwise a blocker may pop-up asking you to subscribe.

 

[MDFF2008]

A de facto ban on the sale of regulated firearms could be a blessing in disguise. While much of the 2A world is still up for debate in court, Heller pretty much closed the door to outright bans.

 

[Boom Boom]

I think it will be worse than how I read the story. Likely 4-6 months to get an HQL, whenever it eventually becomes possible to apply for one, followed by many FFLs forcing buyers to wait another 4-6 months for the paperwork delay on regulated purchases. I'm fully expecting the same folks processing HQL apps to be processing regulated-gun paperwork. MOM will make sure that underfunding is chronic, staff is minimized, and delays are maximized.

 

[zoostation]

The HQL will require the full background check before being issued. Make no mistake. It is required by the new law. If they cannot get an injunction this time lag is going to be very hard on many dealers.

 

[Boom Boom]

Which is why I suspect an injunction will be granted. HQL foot dragging by MOM and crew is being done maliciously in order to financially damage gun stores and to impose a ban on handgun sales by color of law.

 

[honda53s]

Excuse my ignorance... What is HQL?

 

[Boom Boom]

Handgun Qualification License

 

[gabe72]

And being nice in Annapolis really paid off well for our cause,they maliciously attack us and we are told to be nice,etc and they just keep taking more away and you wake up wondering how this all happened when everyone says how upset they are.

 

[daggo66]

The HQL will require the full background check before being issued. Make no mistake. It is required by the new law. If they cannot get an injunction this time lag is going to be very hard on many dealers.

^This. At first glance I thought that maybe it wasn't such a bad idea. Once you got the HQL, you were good to go to make purchase. Then I saw that you still had to go through a background check for each purchase, therefore what's the point?

 

[Shinny]

^This. At first glance I thought that maybe it wasn't such a bad idea. Once you got the HQL, you were good to go to make purchase. Then I saw that you still had to go through a background check for each purchase, therefore what's the point?

To delay, stall and make you say no thanks.

 

[daggo66]

Yes, but think what a deterrent it will be to criminals now. They will certainly think twice before going through the trouble of getting a HQL now. Also their girl friends will be afraid to get finger printed in order to buy a gun for them. This will stop all the gun violence and save lives.

 

[dist1646]

And being nice in Annapolis really paid off well for our cause,they maliciously attack us and we are told to be nice,etc and they just keep taking more away and you wake up wondering how this all happened when everyone says how upset they are.

Historically, we have not gone to Annapolis in large numbers. They are under the impression that the turnout this time is a one time thing and that we lack the resolve to follow thru. Not that the new law isn't bad, had we not gone to Annapolis, things would have been far worse. If you watched their reactions, you could see the effect of our numbers. We did get their attention. If we give up, they win. I say, they have not even begun to see the resolve we have on this issue!

 

[Mr H]

He's confirming what many of us have thought all along.

All the contrivances of SB281 are being taken full advantage of, for Marylanders to have to jump through extra hoops and wait untold months for their legally purchased firearms.

A right delayed IS a right denied, and I think the door is open even wider to challenge this mess.

 

[Mr H]

Historically, we have not gone to Annapolis in large numbers. They are under the impression that the turnout this time is a one time thing and that we lack the resolve to follow thru. Not that the new law isn't bad, had we not gone to Annapolis, things would have been far worse. If you watched their reactions, you could see the effect of our numbers. We did get their attention. If we give up, they win. I say, they have not even begun to see the resolve we have on this issue!

These are all why I am resolved to create even greater awareness, and turn 4,500 into 10,000 and then 20,000... and a couple million contacts into tens of millions.

We need to [metaphorically] break down the walls of Annapolis, and break the will of our self-aggrandized keepers.

Our advocacy needs to be a 12-month effort, because even though the GA is only in session 3 months of the year the effects are never-ending.

 

[MJD438]

The HQL will require the full background check before being issued. Make no mistake. It is required by the new law. If they cannot get an injunction this time lag is going to be very hard on many dealers.

It is also required to be completed in 30 days, per SB281:

• SB281 Enrolled: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
• Page Number 31
• Line Numbers 13-21

Yes, IANAL and I realize that there are no penalties for the MDSP not following this law. However, unlike the 7-day disapproval process or the handgun permit section, this is not an open-ended, "we can get back to you whenever we feel like it" section. They must approve/deny within 30 days of receipt of the application.

 

[MDFF2008]

It is also required to be completed in 30 days, per SB281:

• SB281 Enrolled: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
• Page Number 31
• Line Numbers 13-21

Yes, IANAL and I realize that there are no penalties for the MDSP not following this law. However, unlike the 7-day disapproval process or the handgun permit section, this is not an open-ended, "we can get back to you whenever we feel like it" section. They must approve/deny within 30 days of receipt of the application.

I would not be surprised if they didn't find a way to stall.

 

[Bagpiperer]

Like they're even going to be able to follow the law.

If even a tithe of the new gun owners in the state apply for an HQL, the system'll be swamped. Add that to the four (likely six by October) month 77r backlog, and it's going to be a long time for those poor suckers if Cousin Vinnie is right.

Hopefully a preliminary injunction will be in the cards. Oh, and whatever happened to the state's promise to clear the backlog?

 

[Mr H]

It was just a 'promise'.

I promise I'll call.
I promise to pull out.
etc.

I've harbored no illusions that they have any intent to make this go smoothly.

The state has no problem dragging it out--in court if need be--as long as guns are not getting into anyone's hands. Well, anyone's hands LEGALLY. They are still under the illusion (delusion?) that restricting the law-abiding will be a feather in their crime statistics cap (whether there's any improvement or not).

 

[ShallNotInfringe]

I would not be surprised if they didn't find a way to stall.

Maybe they'll find a way to delay acknowledgment of "receipt"......

Good old' Vinnie. What a guy. Doesn't he have other states to go ruin Constitutional rights in now?

 

[Mr H]

But corruption pays better here.

Besides... New York is full.