MSP wait times and a class action

goofy810 · Mar 8, 2013

All I am looking to see if there would be interest in getting a class action lawsuit together against the state over the wait time? I have seen it go from 7 days to 14 to 31 to now over 40 and waiting still. If I can get enough interest I am willing to fish the idea to a few law firms if they will do it on contingency. Not sure we will get any real money after the lawyers are paid and such because we don't have true damages but we could force them to delay any pending laws and change the current laws due to this.

ThatGuy179 · Mar 8, 2013

Stop being impaitent.

mayor_quimby · Mar 8, 2013

a right delayed .......

rotag · Mar 8, 2013

I don't believe it has anything to do with being impatient......Would you say the same thing if the wait was 6 months or a year? It's the principal of the whole thing. The state passes a law for a "cooling off period" and then when something like this happens, the state just says "we are doing our best" and we have to not question it and wait........And liberals think we are being unrealistic about our rights.......

PJDiesel · Mar 8, 2013

ThatGuy179 said:
Stop being impaitent.

Perfect example of why things HAVE gotten to this point (in this State).

Yeah,.... stop being impatient! You should only being to worry about it when the wait (per gun) is at 90 days. :sad20:

Very sad state of affairs around here, not surprising in the least, we get what we are apparently willing to put up with. :tdown:

Streetgang · Mar 8, 2013

ThatGuy179 said:
Stop being impaitent.

BGOS....

I'm sure there would be enough cases to make a suit. I waited over 30 calendar days.

rotag · Mar 8, 2013

today puts me at 41 days.....

Mossyoak · Mar 8, 2013

Did ppw on Jan 21st just got the call on Monday, 42 days! I hear if you buy today they say at least 45 days.

ThatIsAFact · Mar 8, 2013

Maryland regulations allow release after 7 days

Who would you sue? Unless I am badly confused (and it would not be the first time), the MSP are not, as a matter of law, preventing these handguns from being released. The Code of Maryland Administrative Regulations COMAR) explicitly authorizes a dealer to release a regulated handgun after the 7-day waiting period, unless the Maryland State Police has sent the dealer notification of a "hold." The current delays are not caused by "holds" but by a backlog in the ordinary processing of the clearance checks, as I understand it. Therefore the regulation applies; the text appears below.

It appears that most dealers prefer not to do what the regulation says they have the right to do, for fear that an application may ultimately come back "disapproved," requiring them to spend time recovering the gun. It is best to discuss the dealer's policy before you buy the gun.

You won't get anywhere suing the state, because the state regulation says the dealer can release the gun. You won't get anywhere suing the dealer, because there is nothing in state law that prevents him from adopting his own policy that he will hold on to the gun until he gets the "not disapproved" from the MSP.

COMAR 29.03.01.10
Sale or Transfer of Regulated Firearms Without Approval.

A. If a dealer or person does not receive a notification of a hold for an open disposition of a criminal proceeding or disapproval within the 7-day waiting period between submission of the application and a purchase, rental, or transfer, the dealer or person may sell, rent, or transfer the regulated firearm if all applicable provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, have been complied with. The application to purchase or transfer a regulated firearm form shall be stamped "not disapproved" to show that action was taken by the State Police if a disapproval was not warranted.

Bob Lee $wagger · Mar 8, 2013

I got family in Alabama that buy their guns and walk out with them the same day. The only "wait" is the time it takes to fill out the paper work, do the instant background check, and wait for the credit card to clear. Now compare this to the libtard bullsh!t that for whatever reasons we put up with here in the People's Republic of Maryland and you can see why people are so frustrated. Now add the cost of a permit to buy (not carry)finger printing/fvcking and training if this bullsh!t bill passes...........just un-fvcking believable what the serfs here in Maryland will put up with......
.

_________________________________________
I'm just a peckerwood who lives in the hills with too many guns.
NRA Lifetime
SAF Lifetime

PJDiesel · Mar 8, 2013

ThatIsAFact said:
Who would you sue? Unless I am badly confused (and it would not be the first time), the MSP are not, as a matter of law, preventing these handguns from being released. The Code of Maryland Administrative Regulations COMAR) explicitly authorizes a dealer to release a regulated handgun after the 7-day waiting period, unless the Maryland State Police has sent the dealer notification of a "hold." The current delays are not caused by "holds" but by a backlog in the ordinary processing of the clearance checks, as I understand it. Therefore the regulation applies; the text appears below.
[/I]

Would be correct,.....except,... the MSP are regularly telling dealers and individuals otherwise. Twice I was personally, dealers are in an even worse position.

tsmith1499 · Mar 8, 2013

ThatIsAFact said:
Who would you sue? Unless I am badly confused (and it would not be the first time), the MSP are not, as a matter of law, preventing these handguns from being released. The Code of Maryland Administrative Regulations COMAR) explicitly authorizes a dealer to release a regulated handgun after the 7-day waiting period, unless the Maryland State Police has sent the dealer notification of a "hold." The current delays are not caused by "holds" but by a backlog in the ordinary processing of the clearance checks, as I understand it. Therefore the regulation applies; the text appears below.

It appears that most dealers prefer not to do what the regulation says they have the right to do, for fear that an application may ultimately come back "disapproved," requiring them to spend time recovering the gun. It is best to discuss the dealer's policy before you buy the gun.

You won't get anywhere suing the state, because the state regulation says the dealer can release the gun. You won't get anywhere suing the dealer, because there is nothing in state law that prevents him from adopting his own policy that he will hold on to the gun until he gets the "not disapproved" from the MSP.

COMAR 29.03.01.10
Sale or Transfer of Regulated Firearms Without Approval.

A. If a dealer or person does not receive a notification of a hold for an open disposition of a criminal proceeding or disapproval within the 7-day waiting period between submission of the application and a purchase, rental, or transfer, the dealer or person MAY sell, rent, or transfer the regulated firearm if all applicable provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, have been complied with. The application to purchase or transfer a regulated firearm form shall be stamped "not disapproved" to show that action was taken by the State Police if a disapproval was not warranted.

EMPHASIS MINE. Even thought I don't agree with it there is no law that says they MUST release it. Therefore the loophole in the law that covers their ass.

mdshooter9090 · Mar 8, 2013

I'm interested.

Wife's first gun in life and she's now at day 40 or maybe 40+.

Point being, that's not cute. "ah, look at little O'Malley, he's such a cutie, looking out for us. So conventionally attractive and all,"

ThatGuy179 · Mar 8, 2013

You all can act as if you did not know the wait times were on the long side but crying about it when there is nothing you can do about it just makes you allook like whiners. Just get your Md designated collectors letter and keep buying. Im sure you have guns you can play with till your new one is ready for pick up. I am currently waiting on 5 lowers from 3 different places but i have other things. That can occupy me till i get them and can build them.

Not_an_outlaw · Mar 8, 2013

The issue is you need to prove damages. If you can associate damages to the wait, you'd have a better claim. I'm not sure that someone who already owns a firearm can do this.

mdshooter9090 · Mar 8, 2013

ThatGuy179 said:
You all can act as if you did not know the wait times were on the long side but crying about it when there is nothing you can do about it just makes you allook like whiners. Just get your Md designated collectors letter and keep buying. Im sure you have guns you can play with till your new one is ready for pick up. I am currently waiting on 5 lowers from 3 different places but i have other things. That can occupy me till i get them and can build them.

I guess you didn't read my post.

It's my wife's first gun in her life. I know a lot of you old people are sitting on 100 or 200 guns; that's fine but let people buy there 1st one already.

goofy810 · Mar 8, 2013

ThatIsAFact said:
Who would you sue? Unless I am badly confused (and it would not be the first time), the MSP are not, as a matter of law, preventing these handguns from being released. The Code of Maryland Administrative Regulations COMAR) explicitly authorizes a dealer to release a regulated handgun after the 7-day waiting period, unless the Maryland State Police has sent the dealer notification of a "hold." The current delays are not caused by "holds" but by a backlog in the ordinary processing of the clearance checks, as I understand it. Therefore the regulation applies; the text appears below.

It appears that most dealers prefer not to do what the regulation says they have the right to do, for fear that an application may ultimately come back "disapproved," requiring them to spend time recovering the gun. It is best to discuss the dealer's policy before you buy the gun.

You won't get anywhere suing the state, because the state regulation says the dealer can release the gun. You won't get anywhere suing the dealer, because there is nothing in state law that prevents him from adopting his own policy that he will hold on to the gun until he gets the "not disapproved" from the MSP.

COMAR 29.03.01.10
Sale or Transfer of Regulated Firearms Without Approval.

A. If a dealer or person does not receive a notification of a hold for an open disposition of a criminal proceeding or disapproval within the 7-day waiting period between submission of the application and a purchase, rental, or transfer, the dealer or person may sell, rent, or transfer the regulated firearm if all applicable provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, have been complied with. The application to purchase or transfer a regulated firearm form shall be stamped "not disapproved" to show that action was taken by the State Police if a disapproval was not warranted.

You are reading the law correct the issue is fed law says they need a NICS number b4 releasing and MSP issue the NICS number.

IndispensableDestiny · Mar 8, 2013

mdshooter9090 said:
I guess you didn't read my post.

It's my wife's first gun in her life. I know a lot of you old people are sitting on 100 or 200 guns; that's fine but let people buy there 1st one already.

Old? Sitting on guns?

mdshooter9090 · Mar 8, 2013

So a 1st time gun buying family has to be Warren from Warren V. DC to have "damages". Nuts
?

Not_an_outlaw said:
The issue is you need to prove damages. If you can associate damages to the wait, you'd have a better claim. I'm not sure that someone who already owns a firearm can do this.

Traveler · Mar 8, 2013

It seems to me we need to focus our efforts on protecting our 2A rights, so the panic buying and wait times resolve themselves. I for one, don't want to irritate the MSP. It isn't their fault.

MSP wait times and a class action

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