Ar-15 Regulated Transfer Maximum wait period?

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  • s14

    Member
    Nov 15, 2009
    27
    Some come back fast, 3-4 days. Just gotta wait for the 8th day. Some get held up longer than 8 days. My dealer gets them via fax. No one is going to release a regulated weapon without a Non Dissaproved. Shit some people get held up 10 plus days on EVERY weapon they buy just because they have a common last name.
     

    s14

    Member
    Nov 15, 2009
    27
    Not sure why more dealers don't use fax for regulated paperwork. All days of the week count as well. And releasing a NON REGULATED weapon when nics says HOLD and never says DISSAPROVED is totally different.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,045
    Elkton, MD
    The Dealer in question likely isnt part of the MSP Fax Program. If a Dealer isnt part of the Fax program its common for approvals to take over 2 weeks. If the MD FFL in question simply calls the MSP (This is what we do when 8 days elapse and we dont have a "Not-Disapproved" form) they can get the NICS Disposition # via phone, its not a problem at all. We do it all of the time. We are part of the Fax Program so roughly 95% of all of our checks are back within 7 days. Those who dont are usually the ones who get denied, and in some cases were simply lost by the MSP or never faxed to us.

    Thats why its best to get a separate phone line or e-fax email acccount for those purposes.

    FYI a MD FFL can NOT release a gun after 8 days unless they have a NICS #. The MSP issues the NICS# when they give the "Not-Disapproved". The MSP does the NICS check, and passes the info to the MD FFL. Even after 8 days the MD FFL still needs a FEDERAL NICS# for their BATFE bound book if they dont hear from the MSP. To release a gun with no NICS # will be a Fed Violation. MD 8 days ONLY applies to MD Law, not Federal.

    The NICS system wont allow a MD FFL to do NICS checks on handguns, they specifically will tell you that when you call them. They will say the MSP handles handguns.

    MD regulated long guns CAN be released after 8 days with a simple call to the NICS center.

    It really gets old arguning with people on how this works when they have no clue except for making references to MD Law, they almost intentionally ignore the Federal Laws that govern gun transfers/sales for FFL's.

    FWIW an "Individual" that goes to the MSP for a transfer CAN release a gun after 8 days because they are not bound to the NICS # requirement for a handgun transfer. FFLs dont have the same luxury.
     

    Calengor

    wishes he were spike
    Apr 13, 2009
    2,158
    Frederick, MD
    NO...all days of the week don't count. It absolutely is 7 business days.

    All days of the week count. The only thing that doesn't count is if day 7 falls on a Sunday or a MD Holiday, in which case, the weapon can be released the next (non Sunday or MD Holiday) day.
     

    s14

    Member
    Nov 15, 2009
    27
    No disrespect man. Just don't think that is correct. Its 7 full days. Pickup on the 8th.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,045
    Elkton, MD
    First off...let me just say I'm not trying to be a smart ass, but I'm asking a real question that I'm hoping a very experienced dealer will answer.

    Here are the problems as I see them if the dealer has not received the paperwork back from MSP:

    1. The MSP check has to come back "not disapproved" for the weapon to be turned over on the 8th day. This, I assume, can be resolved with a phone call to MSP to find out that the buyer was not disapproved.

    2. The dealer must record the NICS NTN number in his A&D book. In Maryland, MSP does the NICS check and obtains the NTN number. MSP then writes this number on the MSP 77R paperwork -- which in our scenario, is lost in transit. Federal Law mandates that the FFL must record the NICS number in his A&D book and on the 4473 form. I imagine that a new NICS check must be made if the paperwork is lost. The FFL would fail his ATF inspection if he turned over the weapon without the NICS check and jeopardize his Federal Firearms License.

    3. The MSP 77R-2 requires a dated signature the day the weapon is actually turned over to the buyer. Once this is signed, the dealer gives a pink copy to the buyer; sends the white (original copy) back to MSP; and is required to file the yellow copy. Without this signature, MSP considers it a failed transaction. During the dealer's annual MSP inspection, this would be considered a failure...there by putting the dealer's Maryland Regulated Firearms License in jeopardy.

    So, as I see it, the dealer is put in a difficult situation here. YES, absolutely, the dealer should call MSP and get some questions answered ASAP on behalf of his customer. However, as the buyer, I don't see how you can ask your dealer to jeopardize his licenses (i.e. his livelihood) to ensure you get you regulated firearm on time.

    Maybe an experienced dealer can clarify this issue some for us.

    You are correct.

    The 7 Business day thing in your other post is the only thing not on point.
     

    s14

    Member
    Nov 15, 2009
    27
    If you do a 77r (regulated weapons paperwork) on a Wednesday and it comes back not dissaproved within 7 days, Thursday the following week you can have the weapon.
     

    wjt1169

    Active Member
    Ok...I'm a new MD Regulated Firearms Licensee (that's why I was looking for an experience dealer to chime in...thanks Clandestine).

    In my written notes from my class with the MSP Firearms Unit in Pikesville, I have "7 business days" written down. As it was explained to me by the MSP Sergeant in charge of the unit, "Holidays don't count."

    I see what Clandestine is saying about days the mail is delievered are what count.

    To be even more specific...per MSP...it is 7 days, with a pick up on the 8th. If there is a holiday within the 7 days, then the holiday does not count in the 7 days. Therefore, Saturday (mail) & Sunday (no mail) still count in the 7 day period.

    Thank you, Clandestine, for answering our questions. Sorry to the board for my error on the 7 day thing.
     

    Calengor

    wishes he were spike
    Apr 13, 2009
    2,158
    Frederick, MD
    Ok...I'm a new MD Regulated Firearms Licensee (that's why I was looking for an experience dealer to chime in...thanks Clandestine).

    In my written notes from my class with the MSP Firearms Unit in Pikesville, I have "7 business days" written down. As it was explained to me by the MSP Sergeant in charge of the unit, "Holidays don't count."

    I see what Clandestine is saying about days the mail is delievered are what count.

    To be even more specific...per MSP...it is 7 days, with a pick up on the 8th. If there is a holiday within the 7 days, then the holiday does not count in the 7 days. Therefore, Saturday (mail) & Sunday (no mail) still count in the 7 day period.

    Thank you, Clandestine, for answering our questions. Sorry to the board for my error on the 7 day thing.

    You're still wrong, I will type up exactly what is on the letter from MSP licensing division:

    "You may transfer the regulated firearm/s listed on the application to the transferee (purchaser) after seven days have elapsed from the date that is listed in the "Date form forwarded" field in Section 3 of Part 2 of the application. If the seventh day of the seven-day period falls on a Sunday or legal holiday, the regulated firearm/s may not be transferred until the first day next following, which is neither a Sunday nor a legal holiday.

    It clearly states that all days count, however, if the seventh day falls on a Sunday or a legal holiday, it can't be transferred on that day, but instead on the next day which is not a Sunday nor a legal holiday.
     

    s14

    Member
    Nov 15, 2009
    27
    Huh? Your arguing semantics. I think I understand what you mean though. If you do 77r on a Saturday, the 8th would be the following Sunday. And no you can't pickup on a Sunday. You said yourself you are new to regulated paperwork, but still arguing the issue.
     

    travistheone

    Usual Suspect
    Dec 11, 2008
    5,600
    cockeysville
    arguing1.jpg
     

    JCB003

    Ultimate Member
    Sep 10, 2007
    1,212
    Huh? Your arguing semantics. I think I understand what you mean though. If you do 77r on a Saturday, the 8th would be the following Sunday. And no you can't pickup on a Sunday. You said yourself you are new to regulated paperwork, but still arguing the issue.

    But you could pick it up on that Saturday...the 8th day would be the following Saturday - if the dealer faxes your paperwork on Saturday. Every regulated gun I own (except the ones transfered from Gideon's - he takes longer due to mail) I picked up on the same day a week later - ex. purchased on Monday pick up on Monday.
     

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