Spouse's Handgun

[BartExp]

Once all the paperwork and 7 day wait is done, can a spouse (or anybody) transport a gun that is not "registered" to them?

My wife technically bought the handgun. After we pick it up. Could I take it to the range on my own? This sounds nitpicky, but just trying to understand.

 

[Mr H]

As long as the person doing the transporting is doing so with the knowledge/permission of the owner (good form, at the very least), and they are not otherwise prohibited from possessing a firearm, then yes.

 

[Name Taken]

As long as you aren't lending to someone who you know, or the courts can prove should have known, they are prohibited then you are fine lending someone a gun.

There was a case where a city officer allowed someone to "borrow" one of his firearms for 5 years something insane and the gun was used in a shooting. Courts ruled you can lend someone a firearm.

So in short...if you aren't a prohibited person yes your wife can lend you her gun.

Make sure you follow the transport laws...unloaded, in an holster or case, and going to one of the legal destinations.

 

[esqappellate]

Once all the paperwork and 7 day wait is done, can a spouse (or anybody) transport a gun that is not "registered" to them?

My wife technically bought the handgun. After we pick it up. Could I take it to the range on my own? This sounds nitpicky, but just trying to understand.

Do you have an HQL?

 

[BartExp]

Do you have an HQL?

Yes. We both have HQLs. This is "our" first gun, but I wasn't going to be in town at the end of the 7 days to pick up. So, she bought it in her name.

Thanks for all the replies.

 

[esqappellate]

Yes. We both have HQLs. This is "our" first gun, but I wasn't going to be in town at the end of the 7 days to pick up. So, she bought it in her name.

Thanks for all the replies.

Just be sure she doesn't "transfer" it to you without going through the 77R and the waiting process. See Chow v. State, 903 A.2d 388, 407 (Md. 2006)

 

[BartExp]

Just be sure she doesn't "transfer" it to you without going through the 77R and the waiting process. See Chow v. State, 903 A.2d 388, 407 (Md. 2006)

Thanks for the heads up.

Based on the conclusion in the case, I think I am OK to borrow it. Now if on Christmas, she wraps it up and gives it to me as a gift, that equates to a transfer and 77R would be required.

 

[hillbilly grandpa]

Do you have an HQL?

You're not implying that one must have an HQL to be loaned a handgun for a short period, are you? If so, 'splain me that.

 

[esqappellate]

You're not implying that one must have an HQL to be loaned a handgun for a short period, are you? If so, 'splain me that.

The HQL statute, Section 5-117.1(c), states that “[a] person may purchase, rent, or receive a handgun” only if they have an HQL. It does not define receive. In federal law, receive is defined as even temporary possession. The MSP refused to define receive when asked to do so by MSI. No one knows for sure what "receive" means, which is the essence of a Constitutional violation under the Due Process clause. And no, I don't trust the prosecutor. This is one of the issues now pending in MSI's HQL suit in federal court.

 

[esqappellate]

Thanks for the heads up.

Based on the conclusion in the case, I think I am OK to borrow it. Now if on Christmas, she wraps it up and gives it to me as a gift, that equates to a transfer and 77R would be required.

right, and any other type of permanent transfer of ownership.

 

[hillbilly grandpa]

The HQL statute, Section 5-117.1(c), states that “[a] person may purchase, rent, or receive a handgun” only if they have an HQL. It does not define receive. In federal law, receive is defined as even temporary possession. The MSP refused to define receive when asked to do so by MSI. No one knows for sure what "receive" means, which is the essence of a Constitutional violation under the Due Process clause. And no, I don't trust the prosecutor. This is one of the issues now pending in MSI's HQL suit in federal court.

Thanks for your insights. Now I bin 'splained.

 

[Mark75H]

Thanks for the heads up.

Based on the conclusion in the case, I think I am OK to borrow it. Now if on Christmas, she wraps it up and gives it to me as a gift, that equates to a transfer and 77R would be required.

But she may not give you possession of it until after the 77r 7 day wait, duh.

 

[steveh326]

that reminds me, I think my wife has a handgun in her name that I need to get transferred to me, but I could be wrong. is there any way for me to determine if its in her name or mine?

 

[newmuzzleloader]

that reminds me, I think my wife has a handgun in her name that I need to get transferred to me, but I could be wrong. is there any way for me to determine if its in her name or mine?

Why would you want to take your wife's handgun from her? Buy yourself one. I transferred a handgun TO my wife before this hql ******** kicked in. It was one I bought for previously but I did a gift transfer at MSP barracks so she would be grandfathered from some of the requirements.

 

[BartExp]

Why would you want to take your wife's handgun from her? Buy yourself one. I transferred a handgun TO my wife before this hql ******** kicked in. It was one I bought for previously but I did a gift transfer at MSP barracks so she would be grandfathered from some of the requirements.

My question was more along the lines of if she was at work and I took hers and mine to the range.

 

[steveh326]

Why would you want to take your wife's handgun from her? Buy yourself one. I transferred a handgun TO my wife before this hql ******** kicked in. It was one I bought for previously but I did a gift transfer at MSP barracks so she would be grandfathered from some of the requirements.

My wife and I have been married for 39 years, and everything in our house is shared between us, including what guns WE own. But the idiotic MD laws don't seem to view it that way. I am sure we have both filled out paperwork for the few guns we have (prior to 2013), some of which I gravitate towards and some she prefers, regardless of who's name is on the paperwork. was just thinking I might do the paperwork so they line up with who shoots them most. BGOS? probably... I went ahead and got my HQL but she has not yet so I know she needs that before we xfer anything around.

 

[fidelity]

But she may not give you possession of it until after the 77r 7 day wait, duh.

Not addressing you, S, but using your post to launch off of as others have said the same here. I thought Maryland still allows immediate transfers to spouses and other close family members, and the 77R had to be filed within 5 days of the transfer. I'll look for the bit of code when I'm on the laptop and have time.

Sent from my Pixel XL using Tapatalk

 

[fidelity]

I'm faster on the phone than I thought, lol. No wait when giving a gift to a non-prohibited, HQL possessing, direct family member (30-day restriction still applies unless the recipient is a DC). See my prior post with relevant info ...

https://www.mdshooters.com/showthread.php?p=4829480

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[BartExp]

See my prior post with relevant info ...

https://www.mdshooters.com/showthread.php?p=4829480

Sent from my Pixel XL using Tapatalk

Thanks for the information.

 

[Mark75H]

Thanks for the information.

Ditto!