Is this a basis to challenge our 7-day waiting period?

[Ragnar]

I don't know much about this case--or the law generally, for that matter--but apparently, California has a 10-day waiting period for all handgun purchases. That law was challenged, and a federal district court in August said the waiting period is unconstitutional in cases where a purchaser already owns a handgun. The state AG asked for a stay of the decision, and that too was denied this week.

Could this all be a basis for challenging our waiting period?

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/20/the-court-does-not-know-how-the-state-prioritizes-projects-but-dealing-with-an-unconstitutional-law-should-be-towards-the-top-of-the-list/

 

[PJDiesel]

California is on a roll.


We suck.

 

[Mr H]

If it's upheld above District, I'd think it'd be worth considering.

Also...

http://www.mdshooters.com/showthread.php?t=72289

 

[Pinecone]

The big thing is the language of the law and the reason for the wait in MD.

In CA, in the law it was a cooling off period. So people could not buy a gun and kill themselves or someone else in the heat of the moment.

I think that the MD wait is for the paperwork to clear MSP.

 

[cap6888]

One could argue that if we have an HQL, the paperwork wait shouldn't be an issue.

 

[danb]

The big thing is the language of the law and the reason for the wait in MD.

In CA, in the law it was a cooling off period. So people could not buy a gun and kill themselves or someone else in the heat of the moment.

I think that the MD wait is for the paperwork to clear MSP.

If so, then you should be able to pick it up when the ND comes back, regardless of time frame.

 

[PJDiesel]

The big thing is the language of the law and the reason for the wait in MD.

In CA, in the law it was a cooling off period. So people could not buy a gun and kill themselves or someone else in the heat of the moment.

I think that the MD wait is for the paperwork to clear MSP.

Which is unfounded in the days of the Internet. The MSP should be interested in saving money in areas where the waste is very obvious to all, including themselves.

 

[danb]

And, there should be no wait if you already own a gun.

 

[IGOR455]

teh captain in charge of licensing told me that teh 7 day thing is a cooling off period. she kept saying it several times. so im guessing that it is

 

[Pinecone]

If so, then you should be able to pick it up when the ND comes back, regardless of time frame.

Remember, the law went into affect before faxes even existed.

 

[Pinecone]

Which is unfounded in the days of the Internet. The MSP should be interested in saving money in areas where the waste is very obvious to all, including themselves.

What waste? Nothing on MSP to have the firearm held for 8 days.

 

[Pinecone]

teh captain in charge of licensing told me that teh 7 day thing is a cooling off period. she kept saying it several times. so im guessing that it is

And of course, MSP has never said something that was wrong.

Like 8th day release is not allowed????

 

[swinokur]

teh captain in charge of licensing told me that teh 7 day thing is a cooling off period. she kept saying it several times. so im guessing that it is

It just illustrates the level of ignorance and lack of historical perspective at MSP. She heard it from a friend and all that... It's a throwback to paperwork being conducted using the USPS. No statute or COMAR reg supports her contention AFAIK.

"Sometimes it's best to keep your mouth closed and let people think you a fool than to open it and remove all doubt."

MSP said it so it must be true. And an SBR is a pistol and a rifle.

ok.

 

[PJDiesel]

What waste? Nothing on MSP to have the firearm held for 8 days.

Doing any more than a NICS check, supposedly scouring all these databases to find ways to deny people.

They need to get over themselves. I know a lot of people here are of the mindset that everyone is just doing their jobs. Truth is, it's been job security for them, the more ******** anyone can come up with, the longer the background checks take......

 

[Pinecone]

Huh? In the old days, I had paperwork (MAILED) come back in 4 - 5 days.

Now with the HQL and faxes, paperwork is taking 3 - 5 days.

So how are they making it take so much longer????

 

[PJDiesel]

Huh? In the old days, I had paperwork (MAILED) come back in 4 - 5 days.

Now with the HQL and faxes, paperwork is taking 3 - 5 days.

So how are they making it take so much longer????

Well, you weren't around for the 100+ day waits last summer? They do what they want, unchecked for the most part.

 

[Chris]

The big thing is the language of the law and the reason for the wait in MD.

In CA, in the law it was a cooling off period. So people could not buy a gun and kill themselves or someone else in the heat of the moment.

I think that the MD wait is for the paperwork to clear MSP.

As I remember our 7 day wait was called a "cooling off" period either in the law or MSP notice. I'm sure someone here could find it, I will try myself also. If the CA decision holds then we may just have a shot also. Chris

 

[navyis2]

You have to remember that although it is an appellate court, the fourth has no mandatory requirement to consider a precedent from the ninth. Just this ruling being in play doesn't do anything to create a negative treatment on the fourths ruling. It will unfortunately take a ruling from the SCOTUS to force Blake to stop projecting her fear of firearms onto the entire district's population.

 

[6-Pack]

For the record, my HQL was approved (I had to wait two days for the card) before the 7 day mark. I think my HQL only took two days to approve. If it only takes two days to do the a more stringent f-ing background check (regular check doesn't do fingerprints), why do I have to wait 7 to receive a firearm?

I think we have a leg to stand on based on the California case.

 

[DaemonAssassin]

I think that the 7 days would be struck down, but the court would allow 2-3 days to do a background check for safety reasons. It would take care of the waiting period BS, and it would also put the state in a position, where they can't make it longer than that timeframe.