+1. If I was buying a firearm from here on out from a dealer I didn't know I would make sure they would do an eight day release before I plonked my money down and get them to confirm that on my receipt.
77R lawsuit successful
- Thread starter Todd S
- Start date
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+1. If I was buying a firearm from here on out from a dealer I didn't know I would make sure they would do an eight day release before I plonked my money down and get them to confirm that on my receipt.
on_the_rox
Ultimate Member
Seems pretty clear to me too. From the site referenced above:
The licensee must comply with both State and Federal requirements.
Example: State D is acting as a POC for NICS checks. State law requires a background check prior to the transfer of any firearm. State law also requires the licensee to wait 10 days to get a response from the State. The licensee must contact the State POC for a NICS check and a State background check. The licensee must comply with both Federal and State law by waiting 10 days for a response prior to transferring the firearm. If the licensee has not received a response from the State after 10 days, he or she may transfer the firearm.
scott60158
Active Member
Hopefully this silences those that keep perpetuating the idea that it is illegal to release after 7 days.
scottp999
Active Member
- Feb 11, 2008
- 222
The defendant's motion to dismiss (MTD.pdf) makes it quite clear it's ok to release after 7 day wait:
"In this case no actual controversy exists. Defendants agree with Plaintiffs that, in the absence of receiving a disapproval from MSP, seller, lessors, and transferors may lawfully complete the transactions involving regulated firearms after the conclusion of the 7 day waiting period provided they have complied with all other requirements of the Public Safety Article and provided they do not know or have reason to believe the purchaser or transferee is disqualified from owning a regulated firearm. See PS 5-123(a), 5-134(b), COMAR 29.03.01.10. Defendents further agree with Plaintiffs that such sellers, lessors, and transforers would not be subject to imposition of any civil or criminal sanctions by the MSP as a result of making such transfers after the seven day waiting period, even if the application is later disapproved."
Hand typed from the pdf. (attached)
"In this case no actual controversy exists. Defendants agree with Plaintiffs that, in the absence of receiving a disapproval from MSP, seller, lessors, and transferors may lawfully complete the transactions involving regulated firearms after the conclusion of the 7 day waiting period provided they have complied with all other requirements of the Public Safety Article and provided they do not know or have reason to believe the purchaser or transferee is disqualified from owning a regulated firearm. See PS 5-123(a), 5-134(b), COMAR 29.03.01.10. Defendents further agree with Plaintiffs that such sellers, lessors, and transforers would not be subject to imposition of any civil or criminal sanctions by the MSP as a result of making such transfers after the seven day waiting period, even if the application is later disapproved."
Hand typed from the pdf. (attached)
Wow, great news I hope every one has ammo in 8 days as well.
rtmhunter
Ammo Hoarder
Sounds like a winner to me!!!!!!!!!
Suck it OweMalley. Can't wait to see what they try next. Now if I could just get my DC letter I could really have some fun.I do have a question maybe someone could help me with. What about those of us (and I'm sure there are many) who waited a little more than 30 days in between actually laying out the money for a regulated firearm during all this mess thinking we would have plenty of time in between to wait and now the floodgates may open? I picked one up from an 8 day release FFL on 6/12 that had been there for a month and have another one at an FFL that would not release but, it's been there since end of April. If this FFL suddenly starts to release before I get my DC letter (sent beginning of May) couldn't that be a problem for me and I'm assuming quite a few others? I have yet to see in the law where "purchase" is actually defined as taking possession after the background check. I actually waited more than a month to BUY the gun and have the receipts to prove it. Anybody chime in on this one?
Mr H
Unincited Co-Conservative
until you find out about your dc letter, i'd stick to the 30-days
l730dc
Active Member
*still not clear on the 30 days*
Like I said.. ive heard as long as u dont possess them within 30 days of each other u r fine
And
Ive heard u must wait 30days after you have received a Not Disaproved (which would be 130 days between purchases)
Like I said.. ive heard as long as u dont possess them within 30 days of each other u r fine
And
Ive heard u must wait 30days after you have received a Not Disaproved (which would be 130 days between purchases)
l730dc
Active Member
"They say" that "msp says" that your purchase lasts the entire process of initial purchase and nd/pickup
l730dc
Active Member
So if I do a final pickup.. and then the next day put in paperwork for another (and wait 30+ days to pickup, which it would likely be more) do I check that I have bought a regulated within the last 30 days? Because it would be lying if I checked no.. will that get me disapproved?
I have my dc paperwork sent.. but I have a gut feeling somehow they will lose it or not send it back b4 oct1
You would say yes. If your paperwork comes back in less than 30 (yeah right) they'll instruct the FFL to hold til day 30.
Dowagiac
S&W Member
How does all this affect a transfer at an MSP barracks..
JPG
Ultimate Member
Mr H
Unincited Co-Conservative
I believe that these were always may release at 8 days.
minor (but significant) point...
44 Bulldog
Active Member
but if either does happen, which I hope it doesn't,the finger should be pointed right back at the MSP
Dowagiac
S&W Member
if you release after 8 days and a disapproved returns does not the liability fall on the seller
Just did a quick check to see if any IP's responded to this thread and did not see a one (I just looked along the left for the IP banner). Where are the IP comments? I saw a few weeks ago FreeState (among a few others) discussing how they would not follow 8th day release. Does this change anything?
Independence
long member
They may be busy working the backlog.
railbird
Member
Sorry but I don't see this as a win either.
Maryland restating the obvious doesn't accomplish much.
I have 3 regulated purchases held by non-releasing FFL's who have long known the law. Maryland restating it is not going to make them change their minds.
A lot of first time buyers are going to Bass Pro and Gander Mountain. You really think stores like that are going to risk the bad press of "releasing guns without background checks"?
While a point may have been proven, no practical relief will come from it. Maryland only has to drag its feet for 90 more days.
Maryland restating the obvious doesn't accomplish much.
I have 3 regulated purchases held by non-releasing FFL's who have long known the law. Maryland restating it is not going to make them change their minds.
A lot of first time buyers are going to Bass Pro and Gander Mountain. You really think stores like that are going to risk the bad press of "releasing guns without background checks"?
While a point may have been proven, no practical relief will come from it. Maryland only has to drag its feet for 90 more days.
