Wait Period Question about Picking up a Regulated Firearm

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  • Glockman

    Member
    Jun 20, 2011
    66
    So I ordered a stripped lower receiver for PSA and am transferring it through a local FFL. I filled out the paperwork on 1 June, went in on 11 June to pick up the piece, and the paperwork had not gotten in yet. I left a note with the shop telling them to call me when the paperwork got processed. It will have been 2 weeks tomorrow since filling out the paperwork for my little piece of metal and I still haven't heard from them.

    Is this normal? Shouldn't I be able to pick up the receiver after 7 working days from doing the paperwork?

    Just wondering if anyone has ever had a similar experience. Thanks!
     

    madness3120

    Banned
    BANNED!!!
    Apr 4, 2012
    840
    Call MSP firearms unit, I waited like 12 days just to find out MSP never recieved the fax of paperwork from my ffl, so i had to get them.to re fax it to msp with a new date.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    Maryland Law says you must wait 7 days. Federal Law says you cannot pick up until the NICS # is assigned. The only way to get the NICS # is to wait for the State Police to send the paperwork back to the FFL.
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    So I ordered a stripped lower receiver for PSA and am transferring it through a local FFL. I filled out the paperwork on 1 June, went in on 11 June to pick up the piece, and the paperwork had not gotten in yet. I left a note with the shop telling them to call me when the paperwork got processed. It will have been 2 weeks tomorrow since filling out the paperwork for my little piece of metal and I still haven't heard from them.

    Is this normal? Shouldn't I be able to pick up the receiver after 7 working days from doing the paperwork?

    Just wondering if anyone has ever had a similar experience. Thanks!

    Call your local delegate and file a complaint with them. You might also want to copy Del Smigiel as well. They have a liason with MSP that may be able to resolve your problem.

    PS -- Since is not a handgun the shop should be able to transfer it to you after the 7 days, even without the paperwork. The FFL should be able to call in for a NCICs check just like it was a rifle.
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    If the FFL can call in the NICS check?, there is NO 7 day wait for a Rifle.

    As far as I know, MSP only blocks FFL's in MD from handgun NCIC checks and there is no way for them to block checks on long guns, even if its regulated.

    FFL's still have to follow MD law pertaining to what MD considers regulated firearms, so if MD law says you have to do MD paperwork for the long gun they are bound to that, so there is a 7 day wait period. But there is nothing that stops them from completing the transaction after the 7th day since the FFL can call in their own NICS check on a long gun.
     

    Billcw

    Ultimate Member
    Oct 26, 2008
    1,229
    Hanover,md
    As far as I know, MSP only blocks FFL's in MD from handgun NCIC checks and there is no way for them to block checks on long guns, even if its regulated.

    FFL's still have to follow MD law pertaining to what MD considers regulated firearms, so if MD law says you have to do MD paperwork for the long gun they are bound to that, so there is a 7 day wait period. But there is nothing that stops them from completing the transaction after the 7th day since the FFL can call in their own NICS check on a long gun.

    Sorry the FFL cannot call thier own NICS on a regulated firearm even after the 7 day wait .
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    Sorry the FFL cannot call thier own NICS on a regulated firearm even after the 7 day wait .

    are you 100% sure of this? I talked to 2 FFL's who say they do it all the time when MSP doesn't get back to them with longgun purchases.

    They said NICS only blocked MD FFL's from handgun checks and they have no way of blocking long gun checks.
     

    Billcw

    Ultimate Member
    Oct 26, 2008
    1,229
    Hanover,md
    Hey its at thier own risk ... honestly .. its regulated and thats what most will look at .. and its thier FFLs so up to them ..

    LAst time I chatted with an ATF inspector it was still up to MSP to get the NICS
     

    Billcw

    Ultimate Member
    Oct 26, 2008
    1,229
    Hanover,md
    I agree with the others work with the system and contact delegates .. if you aren to put on Hold then you should beable to get your stuff on that 8th day .
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    Hey its at thier own risk ... honestly .. its regulated and thats what most will look at .. and its thier FFLs so up to them ..

    LAst time I chatted with an ATF inspector it was still up to MSP to get the NICS

    But MD law specifically states that the gun shop is allowed to release the firearm after the waiting period. So at this point its all becomes federal law.

    Federal law has absolutely no distinction of a regulated and non regulated firearm. That is only a MD state term. It has absolutely no bearing on the federal laws.
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    But MD law specifically states that the gun shop is allowed to release the firearm after the waiting period. So at this point its all becomes federal law.

    Federal law has absolutely no distinction of a regulated and non regulated firearm. That is only a MD state term. It has absolutely no bearing on the federal laws.

    Wasn't the regulated gun law created before the Brady bill requiring the NICS? If so, then the MD would not speak of the NICS check and the need for a NICS transaction number.

    With MSP getting ATF to allow them to be the only body allowed to give the NICS or equivalent to satisfy the Brady Bill, MSP was able to circumvent MD law. T
     

    terryhimself

    Active Member
    Oct 19, 2008
    331
    Bel Air
    If a shop were to go around the Md. State police after 7 days and get a Nics number, the form could be disapproved due to a local problem. Now, what do you think is going to happen to the shops license when M.S.P finds the firearm was delivered.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    This is my BIGGEST BITCH about Maryland gun laws.
    If I buy an H-Bar AR-15 it is cash and carry. I can take it home and make it into anything I want in minutes.
    If I buy a Stripped Lower, it is regulated so I have to wait 8 days. It would take me more time to turn it into a rifle that can fire than to change uppers on the H-Bar.
    Somehow the Idiots in Annapolis think an inert piece of aluminum is more dangerous than a completed rifle that was made from that very same inert piece of aluminum.
     

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