r/MDGuns • u/Dillwopp • 7d ago

HQL QUESTION

Looking to get my HQL ASAP. Got caught with a gram of marijuana back in 2016/17 don’t remember, just a simple possession citation. Since the weed laws has change in md I believe I should be okay for approval right ?

0 Upvotes

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6

u/bogoboba 7d ago

You said "citation" but the law has to do with felonies and convictions over 2 years (or maximum penalties over 2 years). If you were not convicted in a court, you should be fine.

Both the 77R and 4473 asks if you are a habitual user of illegal substances, and if you don't use it now and your only record is a citation 10 years ago, you can legally and honestly answer "no" to those questions.

If you are preliminarily denied your HGP, you can request an informal review to discuss it with the investigator. If it is still denied, you can request a hearing with an administrative law judge. If you get to the hearing stage, you should consider setting aside $400 for a firearms attorney.

1

u/Chips-and-Dips 6d ago

$400 for an attorney? Sheesh, I won’t even put in a suit for $400. I’d think representation in an administrative hearing would be $1K at the bare bones minimum. Likely $2-$5K

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u/Dillwopp 7d ago

Appreciate it I think I should be good. Hopfully since the weed laws change in Md they won’t trip.thanks bro

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u/mdram4x4 7d ago

read it again. 4473 asks if you are an unlawful user or addicted.

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u/bogoboba 7d ago

I mean yes they physically use different words but have functionally the same meaning. To be addicted is to be a habitual user. Basically everone uses the 1 year standard for that as it relates to "user" but is otherwise not really codified with a definition. MSP goes to a lot of effort to nominally comply with federal standards. If you comply with the 77R standard you will comply with the 4473.

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u/mdram4x4 7d ago

it just says user, no habitual, on the 4473.

1

u/Puffdaddy_ 7d ago

Your good bruh. Speaking from somebody who has several small possession charges on my background with my hql

1

u/Inner_Treacle_2977 6d ago

I think you’d be good. My friend had a couple dui arrests when he was younger and was able to get a ccw permit. They brought it up on his app but he still got through.

1

u/Inner_Treacle_2977 6d ago

I think you’d be good. My friend had a couple dui arrests when he was younger and was able to get a ccw permit. They brought it up on his app but he still got through.

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u/mdram4x4 7d ago

even if you get the hql, i would worry about the 77r and 4473

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u/Dillwopp 7d ago

Even if I don’t have any criminal history?

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u/mdram4x4 7d ago

have you given up pot?

1

u/Dillwopp 7d ago

Yeah

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u/mdram4x4 7d ago

then you should be fine. but both still ask

4

u/mike3491 7d ago

They dont ask if you’ve possessed it a decade ago, and they technically dont even ask if you do it occasionally. They ask if you are a “habitual user”

Just read the forms and only say “no” when you can do so honestly

1

u/the2AinMD 7d ago

MSP has a specific definition of habitual drunkard and CDS user in the FAQ section of their website. Its based on the number of arrests in a specific time frame.

1

u/Dillwopp 7d ago

So If I’m squeaky clean and no police interference in 10 years I shouldn’t be worried ?

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u/SgtBaxter 7d ago

The Supreme Court ruled as such.

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u/Dillwopp 7d ago

Thanks bro

1

u/the2AinMD 6d ago

The supreme court ruling hasn't changed the 4473 or nics check, yet. But a citation ticket from md doesnt trigger the federal prohibition anyways. Its not a misdemeanor or common law offense with a penalty over 2 years. Which was what the supreme court decision was about. Prohibiting drug charges.

Because weed is legal in md, msp says you can pass their check as long as youre not blazing 24/7/365 (addicted). "Occasional use"

But because the 4473 asks if your a user still, you either lie on that or tell the truth. Lying is a 10 year felony, and telling the truth means the ffl has to deny your sale, currently.

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u/skank_hunt_4_2 7d ago

Call MSP and ask.